Does Green Card Make Spouse Legally Married in USA?

[gagews 1]

Hello,

I am from the United States and live in Ecuador and have been married to an Ecuadorian here for 5 years. She has recently been denied twice for a tourist visa. The consulate is suggesting a Green Card route(Form I-130).

If I bring her over with a green card as a spouse, does that make us legally married in the United States?

It is that I don´t want to be legally married in the USA.

The situation is unfortunate because we dont want to migrate to the USA, just want to visit a few weeks of the year would nice.

Thanks.

[Ontarkie 13,913]

You are already legally married in the US, married is married it doesn't matter where you got married.

A green card will not be good as it's for living not visiting.

[dwheels76 5,459]

Hello,

I am from the United States and live in Ecuador and have been married to an Ecuadorian here for 5 years. She has recently been denied twice for a tourist visa. The consulate is suggesting a Green Card route(Form I-130).

If I bring her over with a green card as a spouse, does that make us legally married in the United States?

It is that I don´t want to be legally married in the USA.

The situation is unfortunate because we dont want to migrate to the USA, just want to visit a few weeks of the year would nice.

Thanks.

Can I ask for her proof of ties to her country what does she show? You say you live there and have no intention to move to US. Did she document that show that she has a good job, husband the US citizen has good job house all that stuff.

She has to show STRONG ties to her country to get aproved. And as stated a green card is not for you. You have to live in the US more than live out so no.

[gagews 1]

I am confused, because the eyes of the government will not allow her to travel to the USA, even with a tourist visa. She brought a certified marriage document - Ecuador, job information and we own a house in Ecuador. She has been working for the same company for 14 years and no criminal background, etc. to the U.S. Embassy.

If the government considers me married, they should at least allow my wife to visit my family in the USA and into the country with a tourist visa, in my opinion.

I am thinking when she retires in 15 years, that we could migrate to the USA using a Green Card. However, it appears that the Green Card is a marriage process in the USA? So, for example, if we split up in the USA, that I would have to go through divorce process?

[kzielu 1,147]

Hello,

I am from the United States and live in Ecuador and have been married to an Ecuadorian here for 5 years. She has recently been denied twice for a tourist visa. The consulate is suggesting a Green Card route(Form I-130).

If I bring her over with a green card as a spouse, does that make us legally married in the United States?

It is that I don´t want to be legally married in the USA.

The situation is unfortunate because we dont want to migrate to the USA, just want to visit a few weeks of the year would nice.

Thanks.

You're already legally married in US and everywhere else, green card has absolutely no impact on it at all.

[gagews 1]

Can I ask for her proof of ties to her country what does she show? You say you live there and have no intention to move to US. Did she document that show that she has a good job, husband the US citizen has good job house all that stuff.

She has to show STRONG ties to her country to get aproved. And as stated a green card is not for you. You have to live in the US more than live out so no.

Everything submitted well. She only makes like 600.00 a month, but that is pretty good for Ecuador. Strong ties with house and retnal, etc. I own a house in the USA and I know the embassy does not want people to go over on tourist visas and stay. But obviously, I could apply for a green card for her. It is like the government has an all or none policy. If you get a tourist visa, great. If not, only other option is to migrate someone that is well employed with strong ties to the USA and get a green card. She does not even know how to drive a car and speaks little english.

I agree Green Card is a lot right now, but in future, can go that route when she retires. I was considering filing for Green Card, then bringing her over on a k-3 visa, then returning to Ecuador and loosing the green card. It would be a ton of paperwork just for a visit.

If we had not married in Ecuador, I could have at least brought her over on a k-1 visa, then returned in the 90 day period without marriage.

Personally, I think if the governement does allow me to bring my wife for a visit to the USA, I am not married in the USA.

[novedsac 355]

I am confused, because the eyes of the government will not allow her to travel to the USA, even with a tourist visa. She brought a certified marriage document - Ecuador, job information and we own a house in Ecuador. She has been working for the same company for 14 years and no criminal background, etc. to the U.S. Embassy.

If the government considers me married, they should at least allow my wife to visit my family in the USA and into the country with a tourist visa, in my opinion.

I am thinking when she retires in 15 years, that we could migrate to the USA using a Green Card. However, it appears that the Green Card is a marriage process in the USA? So, for example, if we split up in the USA, that I would have to go through divorce process?

Your opinion is irrelevant in this regard; it is the Consular Officer's opinion that matters.

Green Card is not a marriage process. Many individuals obtain Green Cards through mechanisms other than marriage.

If you are legally married in Ecuador, then you are legally married in the US and most any other country as well. If you want a divorce, then you would need to obtain a divorce - doesn't really matter where you obtain a divorce - if you obtain a legal divorce in Ecuador, then it would be recognized in the US; same the other way around.

For a tourist visa, there is a presumption of intent to immigrate. She needs to overcome this presumption Her ties to Ecuador are paramount. Do you live full-time in Ecuador too? What are your ties to the US beyond a passport?

[gagews 1]

You're already legally married in US and everywhere else, green card has absolutely no impact on it at all.

I could be mistaken, but I think that there has to be additional documents. If we are considered married and I died, she would have no way to enter into the USA or even get a green card, etc. She has no social security number, nothing.

[dwheels76 5,459]

Everything submitted well. She only makes like 600.00 a month, but that is pretty good for Ecuador. Strong ties with house and retnal, etc. I own a house in the USA and I know the embassy does not want people to go over on tourist visas and stay. But obviously, I could apply for a green card for her. It is like the government has an all or none policy. If you get a tourist visa, great. If not, only other option is to migrate someone that is well employed with strong ties to the USA and get a green card. She does not even know how to drive a car and speaks little english.

I agree Green Card is a lot right now, but in future, can go that route when she retires. I was considering filing for Green Card, then bringing her over on a k-3 visa, then returning to Ecuador and loosing the green card. It would be a ton of paperwork just for a visit.

If we had not married in Ecuador, I could have at least brought her over on a k-1 visa, then returned in the 90 day period without marriage.

Personally, I think if the governement does allow me to bring my wife for a visit to the USA, I am not married in the USA.

Gosh to do all that k1 just to visit. Oh if it was only that easy to just bring a spouse to visit just because thy are our spouse. You have to realize the government considers all immigrants married to a citizen a potential immigrant to the US. That's why her showing very strong ties to her country matter. Also getting a Tourist Visa has alot to do with the return rate of the peoples of that country. My husbands country Nigeria people come don;t go back (well not all of them) so getting a Tourist Visa is very slim.

You can always try again but bring all that evidence you have and also your standing in the community so they can see "Oh this couple are here to stay".

And yes you are married according to the universe. Married there is married anywhere. I don't know why you say you aren't considered married in the US. If that was true all of our foreign marriage certificates would not be accepted by the US government.

[mstee81 28]

http://ecuador.usembassy.gov/service/living-in-ecuador/marriage-information.html

You are married in the USA. If you were to return home and marry again you would be breaking the law in most states as you can only have one wife and your marriage that took place in Ecuador is valid and binding here. You can not bring your wife to visit becuse travel for non us citizens from Ecuador requires a visa. Just as my Jamaican husband can not visit me unless he has a turist visa until he is issued a green card.

Everything submitted well. She only makes like 600.00 a month, but that is pretty good for Ecuador. Strong ties with house and retnal, etc. I own a house in the USA and I know the embassy does not want people to go over on tourist visas and stay. But obviously, I could apply for a green card for her. It is like the government has an all or none policy. If you get a tourist visa, great. If not, only other option is to migrate someone that is well employed with strong ties to the USA and get a green card. She does not even know how to drive a car and speaks little english.

I agree Green Card is a lot right now, but in future, can go that route when she retires. I was considering filing for Green Card, then bringing her over on a k-3 visa, then returning to Ecuador and loosing the green card. It would be a ton of paperwork just for a visit.

If we had not married in Ecuador, I could have at least brought her over on a k-1 visa, then returned in the 90 day period without marriage.

Personally, I think if the governement does allow me to bring my wife for a visit to the USA, I am not married in the USA.

[dwheels76 5,459]

I could be mistaken, but I think that there has to be additional documents. If we are considered married and I died, she would have no way to enter into the USA or even get a green card, etc. She has no social security number, nothing.

If you die what would be her tie to US? Nothing right so why would she be granted a green card that never was applied for. Your marriage certificate is proof of you being married thats all immigration needs on that matter.

To get a green card you have to apply its that simple.

[gagews 1]

Your opinion is irrelevant in this regard; it is the Consular Officer's opinion that matters.

Green Card is not a marriage process. Many individuals obtain Green Cards through mechanisms other than marriage.

If you are legally married in Ecuador, then you are legally married in the US and most any other country as well. If you want a divorce, then you would need to obtain a divorce - doesn't really matter where you obtain a divorce - if you obtain a legal divorce in Ecuador, then it would be recognized in the US; same the other way around.

For a tourist visa, there is a presumption of intent to immigrate. She needs to overcome this presumption Her ties to Ecuador are paramount. Do you live full-time in Ecuador too? What are your ties to the US beyond a passport?

Yes, I live full time in Ecuador with limited trips to the United States. I have a business here, etc. United States, two kids, bank accounts, house, etc.

I cannot put my finger on what is the problem. The consulate is not going provide advice, just insufficient ties to Ecuador is the reason.. Like you said, it´s the consulate officers opinion and after two times of denal, not going to reapply for a couple years. And even then, dont really have any hopes that a tourist visa would be approved.

Thanks for your input.

[belinda63 2,981]

The confusion is that a green card and being married are two mutually exclusive things. You can be married to a USC and never apply for a green card. You can have a green card and never be married to a USC. You are correct that if you died she would not have that pathway to enter the US. Why would she want to come to the US to live if you were dead?

Anyone applying for a tourist visa is considered to have immigrant intent until they prove otherwise. Since she is married to a USC it is assumed that she will come to the US on a tourist visa to obtain a green card and live in the US which is not the legal path to follow. She must have very strong ties to her country to prove she will return.

Since you live in her country it would be helpful to show why you also will return there and are not travelling to the US with the intent to stay. Although you are not applying for the tourist visa it will be helpful to show you do not live nor do you intend to live in the US in the near future. You living in her home country will constitute a strong tie to her country.

Edited October 1, 2014 by belinda63

[Zedayn 485]

If I bring her over with a green card as a spouse, does that make us legally married in the United States?

It is that I don´t want to be legally married in the USA.

You are already married in the USA. A valid marriage outside of the US is recognized inside the US.

If the government considers me married, they should at least allow my wife to visit my family in the USA and into the country with a tourist visa, in my opinion.

Your wife is not a US citizen, and as such she does not have free reign to come and go to the US as she pleases. Being married does not equal being a US citizen. She has the same rules to follow on getting a visitor visa as any foreigner.

[msbau764 245]

Hello,

I am from the United States and live in Ecuador and have been married to an Ecuadorian here for 5 years. She has recently been denied twice for a tourist visa. The consulate is suggesting a Green Card route(Form I-130).

If I bring her over with a green card as a spouse, does that make us legally married in the United States?

It is that I don´t want to be legally married in the USA.

The situation is unfortunate because we dont want to migrate to the USA, just want to visit a few weeks of the year would nice.

Thanks.

Can I ask for her proof of ties to her country what does she show? You say you live there and have no intention to move to US. Did she document that show that she has a good job, husband the US citizen has good job house all that stuff.

She has to show STRONG ties to her country to get aproved. And as stated a green card is not for you. You have to live in the US more than live out so no.

I was in the same boat for a while. There are no visa categories for you. The US government assumes that everyone wants to live in the US when that is not the case. I remember thinking (when I was not ready to be engaged) how ridiculous it is for somone that lives overseas to have to apply for a marriage or fiance visa so that their significant other can visit for the holidays, and whose SO has no reason to immigrate. My fiance tried for a tourist visa and was denied. At the time marriage was not an option because I had a good job going in Mexico and the plan was to live there indefinitely. This issue should be addressed. Like a holiday visa or something.