Does Green Card Make Spouse Legally Married in USA?

[gagews 1]

And yes you are married according to the universe. Married there is married anywhere

So, if I am married in the universe and I get divorced here in Ecuador, does that mean that I need to travel to the United States and go through a divorce proceedings? It is that I have never been married in the United States with her.

Yes, with the Ecuador marriage certificate, I could use for a Green Card.

Sorry, if I am somewhat strong with the marriage subject, it is that I was divorced in the USA and it was costly. It is that if I brought someone in on a Green Card, that I would like to have some type of prenuptual agreement. Although, it maybe a mute point because according to the universe, I am already married and that ship has passed.

Thanks for your help!

[belinda63 2,990]

You are married pretty much anywhere and you can divorce anywhere you are permitted to legally do so and the divorce will be recognized almost anywhere. If you decide to divorce you can do it in Ecuador or the US (if you meet the states residency requirements). Either way you would be divorced in both countries.

Look at it like the countries being states. If you are married in New Jersey you are married in all the states (with the exception of same-sex issues). If you then divorce in California you are divorced in all the states including New Jersey. BUT it is the laws of the place in which you divorce that apply to the terms of the divorce.

This is why some people shop for a state (or country) to divorce in. The rules for that area apply.

[Caryh 5,206]

So, if I am married in the universe and I get divorced here in Ecuador, does that mean that I need to travel to the United States and go through a divorce proceedings? It is that I have never been married in the United States with her.

Yes, with the Ecuador marriage certificate, I could use for a Green Card.

Sorry, if I am somewhat strong with the marriage subject, it is that I was divorced in the USA and it was costly. It is that if I brought someone in on a Green Card, that I would like to have some type of prenuptual agreement. Although, it maybe a mute point because according to the universe, I am already married and that ship has passed.

Thanks for your help!

You would not have to return to the USA to get a divorce, your divorce in the universe would be recognized just as your marriage in the universe was. Legal divorce is a matter of jurisdiction, and if you don't live in the USA, and your spouse doesn't live in the USA, they cannot divorce you here.

There are such things as postnuptial agreements. And yes the prenuptial ship sailed the day you were married.

[gagews 1]

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.

Yes, thank you. It is refreshing to hear that someone else has experience in this as well. I have combed the internet and learned the main points of a tourist visa.

1. Reason for visit

2. How is visit financed

3. What ties will bring the person back to their country.

I practiced the points with her with dates, etc. Here in Ecuador, I went to the US Embassy with her and I was not even allowed on the property, so could not participate in the interview process.

The second Visa application, I payed a professional service to complete the ds-160 form so that it was 100 percent correct.

I think they should give someone a benefit, if they have been married in foreign country to USA citizen. Like you said, not everyone wants to migrate to the USA.

At this point, she is totally cut-off from any travel to the USA and if I move to the USA and work, she cannot even travel to visit me.

[Caryh 5,206]

Yes, thank you. It is refreshing to hear that someone else has experience in this as well. I have combed the internet and learned the main points of a tourist visa.

1. Reason for visit

2. How is visit financed

3. What ties will bring the person back to their country.

I practiced the points with her with dates, etc. Here in Ecuador, I went to the US Embassy with her and I was not even allowed on the property, so could not participate in the interview process.

The second Visa application, I payed a professional service to complete the ds-160 form so that it was 100 percent correct.

I think they should give someone a benefit, if they have been married in foreign country to USA citizen. Like you said, not everyone wants to migrate to the USA.

At this point, she is totally cut-off from any travel to the USA and if I move to the USA and work, she cannot even travel to visit me.

There is a huge assumption she will not leave when married to, or engaged to a USC. That alone might kill any chance in the country she is applying from. A question though, has she traveled to other countries which required a visa? Having many friends and family who live in a country where it is very hard to get a tourist visa to the USA from, I've noticed their odds go up considerably when they travel to another country which requires a tourist visa and they do not violate the terms of that visa.

[britishdakota 18]

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.

You are married, it doesn't matter what you think that is the legal position.

As far as visiting goes it makes no difference that you are married, no special immigration status is given to the spouse of a US citizen unless they are both resident in the USA.

[novedsac 355]

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 problem is that the Consular Officer assumes your wife wants to immigrate to the US with you, hence the recommendation for a CR-1 Visa/Green Card.

As Belinda suggested earlier, in your situation it may be of considerable help to explain your ties to Ecuardor and lack of ties to the US. If you premanently reside in Ecuador without a residence/source of income in the US, then you may not even be eligible for the CR-1 anyway. i suspect the entirety of your situation isn't being made clear to the Consular Officer.

Do you have a residency visa/permit for Ecuador?

[gagews 1]

. A question though, has she traveled to other countries which required a visa?

Thanks for the information. She has never traveled to another country or has any friends or family in the USA.

I setup a packet of documents for her with marriage certificate, copies of our identifications, registered vehicle, work certificate, property deeds, etc. and the U.S. Embassy did not even want to see the documents. They asked a few questions, then denied her. Again, was not allowed on the property, so everything is told to me second hand.

Like another poster suggested, I think that Ecuador is a country where a lot of people overstay their visas I know lots of people that have great jobs here in Ecuador and cannot get visas.

Personally, I think our marriage is a henderence for a tourist visa by the consulate. There viewpoint, is that yes you are married,, just bring her over on a Green Card.

[Caryh 5,206]

I have heard bad things about the consulate in Ecuador. Including from those applying for CR-1 visas.

. A question though, has she traveled to other countries which required a visa?

Thanks for the information. She has never traveled to another country or has any friends or family in the USA.

I setup a packet of documents for her with marriage certificate, copies of our identifications, registered vehicle, work certificate, property deeds, etc. and the U.S. Embassy did not even want to see the documents. They asked a few questions, then denied her. Again, was not allowed on the property, so everything is told to me second hand.

Like another poster suggested, I think that Ecuador is a country where a lot of people overstay their visas I know lots of people that have great jobs here in Ecuador and cannot get visas.

Personally, I think our marriage is a henderence for a tourist visa by the consulate. There viewpoint, is that yes you are married,, just bring her over on a Green Card.

[gagews 1]

The problem is that the Consular Officer assumes your wife wants to immigrate to the US with you, hence the recommendation for a CR-1 Visa/Green Card.

As Belinda suggested earlier, in your situation it may be of considerable help to explain your ties to Ecuardor and lack of ties to the US. If you premanently reside in Ecuador without a residence/source of income in the US, then you may not even be eligible for the CR-1 anyway. i suspect the entirety of your situation isn't being made clear to the Consular Officer.

Do you have a residency visa/permit for Ecuador?

Unfortunately, I am unable to accompany her in the U.S. Embassy, because I could definetly explain the circumstances. That would be an excellent policy change for the Consulate offices, to allow spouses to accompany the applicant.. My wife is not a strong speaker, so I do think that is part of the issue, communicating to the consular officer effectively.

Yes, I have residency and an Ecuadorian Identification Card.

Pinpointing the problem with her being denied is like trying to figure out Googles search engine algorithm

Thanks!

[Caryh 5,206]

On a marriage or fiancee visa, the USC is allowed into the interview at many embassies. I never heard of an embassy that would disallow a USC entry. It doesn't mean you can go to the interview, or even into the waiting area for interviewees, but disallowing entry seems totally wrong.

Unfortunately, I am unable to accompany her in the U.S. Embassy, because I could definetly explain the circumstances. That would be an excellent policy change for the Consulate offices, to allow spouses to accompany the applicant.. My wife is not a strong speaker, so I do think that is part of the issue, communicating to the consular officer effectively.

Yes, I have residency and an Ecuadorian Identification Card.

Pinpointing the problem with her being denied is like trying to figure out Googles search engine algorithm

Thanks!

[dwheels76 5,463]

I have heard bad things about the consulate in Ecuador. Including from those applying for CR-1 visas.

Calling TBoneTX he is the expert on the Consulate for sure.

[Gosia & Tito 199]

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.

You are making the really bad assumption that the process for a green card or K1 is quick; it takes months, as in more than 6-7; and that there are specific requirements to each. For example, you say you are not considering yourself married in the US; if you then petition for a K1; at some point it will be found that you in fact are and then it would be assumed you (and wife) tried to defraud by representing something that is not (not being married); at that point it does not matter that you might say you didn't understand. There are no backsies with the government. Such a case will result in your wife possibly being ban for an extended period or life.

A green card is not meant for a vist but to reside.

Policies and rules are stupid, no one is arguing the opposite; but the name of the game here is to provide documentation and relevant proof to the consulate. If that is difficult, you can thank the many other Ecuadorians that took a visa, travel to the US and never returned.

Sorry you are having challenges. Also, you might want to drop the 'tude' that is not going to get you nowhere fast with the consulate and instead focus on how to overcome the barriers they have brought up.

[Boiler 43,857]

Holiday visa is the B2 or VWP.

Presumably she has an ITIN.

[Caryh 5,206]

Calling TBoneTX he is the expert on the Consulate for sure.

although he'll link to the story of his own experience there.