Why is the spouse forced to follow IC/K visa path?

[99balloons 12]

I have a question. Why does USCIS force a spouse to follow the "spouse visa" path? What if your spouse is not interested in being an LPR or American citizen and is just happy to visit his wife on B or O visas? What if a husband and wife have interests overseas and are happy with their current citizenship and just want to be able to be with one another despite borders? What prompts this question... My husband visited US and tons of other countries. Visa approved, we came. Visa expired, he went home. Same for me. The marriage code of his country grants me automatic citizenship after 1 year of marriage (subject to president's disapproval). We have no problem going to EU (no visa for me, visa approved for him no issue). So why does US list B visa for spouse and then refuses and forces into lasts forever CR/K LPR status? Why can't thy just approve B or O visa instead?

Edited December 9, 2014 by 99balloons

[jbanya 19]

Great questions and you might never get the answer... I first applied visitor visa to visit my boy friend in US (Now husband) and rejected, forced to apply fiancee visa (which I really feel reluctant as I have lot of things yet to settle in my country), we both travel to several countries included EU, England and Asia, I myself consider hardcore tourist like to travel a lot too, but guess what? I have to compromised to get into K1 (now awaiting for status change) and now stuck at home, not allowed to work (without work permit) and not allowed to travel too...

[TBoneTX 43,058]

*** Thread moved from K-1 Process forum to the General Immigration Discussion forum -- topic involves immigration/visa policies in general. ***

[Boiler 43,436]

I know lots of people married to US Citizens who visit the US and live abroad.

Now I think of it all the ones I know who live abroad visit the US.

YMMV

[Penguin_ie 5,986]

I take it your husband applied for another tourist visa and got refused? Otherwise, your post makes no sense....

Spouses of US citizens are allowed to apply for B, O, or any other visas. I know several who have done so successfully. However, the "barrier of proof" is higher, because USCIS sees the likelyhood of the foreign spouse staying illegally as higher than the average visitor.

[JimmyHou 610]

I have a question. Why does USCIS force a spouse to follow the "spouse visa" path? What if your spouse is not interested in being an LPR or American citizen and is just happy to visit his wife on B or O visas? What if a husband and wife have interests overseas and are happy with their current citizenship and just want to be able to be with one another despite borders? What prompts this question... My husband visited US and tons of other countries. Visa approved, we came. Visa expired, he went home. Same for me. The marriage code of his country grants me automatic citizenship after 1 year of marriage (subject to president's disapproval). We have no problem going to EU (no visa for me, visa approved for him no issue). So why does US list B visa for spouse and then refuses and forces into lasts forever CR/K LPR status? Why can't thy just approve B or O visa instead?

As others have said, there is no law that says that your spouse cannot apply for a visit visa.

There is, however, no guarantee that a visa will be granted. Many factors play into the decision; a 45 yo woman has a better chance of getting a visit visa than a 25 yo man (assuming all other factors are equal) because the latter is statistically more likely to take up illegal employment.

When someone applies for a visa, the consulate tries to determine what they intend to do with that visa. Your husband may well only intend to visit you for a couple of weeks every six months, but because you are married, it is not unreasonable for the consulate to suspect that he may want to stay longer. It's cheaper and faster to get a tourist visa than an immigrant visa in many cases.

I know someone who was denied a tourist visa because, according to the consular officer, he had an uncle who had gone to the US on a visit visa, married and American, and adjusted his status. Apparently they feared he would do the same thing. No idea if that's the real reason, but it's what he was told, and they're not really required to give a reason. It wasn't his intent, but as a result, he's never visited the US.

There are also cases of Europeans who are married to US citizens being denied entry to the US under the visa waiver program. Since they don't need a visa, some European spouses of US citizens just hop on a plane to visit. There are some (but not many) cases reported on Visa Journey, were a CBP officer at the airport decided that the European spouse was visiting too often and effectively "living" in the US (although only for a few months at a time). The spouse was told to apply for an immigrant visa and put on a plane to go back home.

If your husband has been denied a visit visa, this is the reason.

If he hasn't applied yet, he should apply. He should make sure that he can demonstrate that he has strong ties to his country and that he has no intention of living in the US.

[baron555 934]

I have a question. Why does USCIS force a spouse to follow the "spouse visa" path? What if your spouse is not interested in being an LPR or American citizen and is just happy to visit his wife on B or O visas? What if a husband and wife have interests overseas and are happy with their current citizenship and just want to be able to be with one another despite borders? What prompts this question... My husband visited US and tons of other countries. Visa approved, we came. Visa expired, he went home. Same for me. The marriage code of his country grants me automatic citizenship after 1 year of marriage (subject to president's disapproval). We have no problem going to EU (no visa for me, visa approved for him no issue). So why does US list B visa for spouse and then refuses and forces into lasts forever CR/K LPR status? Why can't thy just approve B or O visa instead?

The majority of married couples intend and want to live with each other.

[NikLR 13,220]

Also it only takes 3 years to become a citizen and during that time you can travel outside the USA.

I only moved to the USA to be with my spouse. Living apart may work for some people, but it was incredibly hard for us.

[99balloons 12]

@jbanya... I see you followed my path before...It is very trying.

Thanks to everyone responded. I guess I didn't phrase my comments correctly.

My husband visited me in late 2013 while he was still had unexpired "O" (entertainement visa). Before he ever met me, we had at least a dozen of entries into United States, not a single overstay. Ditto for about 50? countries on 5 continents in the last five years (with independent utube videos too). We spent 3 weeks together in Nov 2013 (our third meeting that year, prior 2 on tours the summer) with no issues of his being admitted on O visa to spend his birthday with me. In early Dec 2013 we flew to "his country" until end of the year" when I got sick, needed surgery and went home.

We married the spring of 2014. I flew to "his country" where we applied for a B2 visa for him immediately thereafter. It was refused and the consulate gave him information how to apply for the "K/IR spouse" visa instead. when I questioned their decision the response received stated as such "We are sorry that you are dissatisfied with the result of your husband’s visa interview....(I will spare you the rest)" Ok, so here we are. My husband's family (without stating specifics) is known to this particular consulate and we are still denied a tourist visal we pay 160 dollar penalty, yoo bad, ask no further questions.So We apply for K1 mid summer. we get an attorney. Our case gets sent to Nebraska center where it is still processing...

Since being a wife who actually wants to be with her husband and who only has 4 weeks of vacation per year (2 weeks spent fot our spring marriage overseas) we decided to spend the last 2 weeks I had in EU. France and Poland had no problem giving us a visa for "vacation with the spouse" visit. I didn't need one, I got his with no

issues (mutiple prior entries to EU, etc... not a single overstay ever.) We decided to pay our visa fees to EU instead of USCIS. AT least we got to spend

time together instead of reading refusal letters.

So given this... My spouse still has a valid Canadian visa until end of 2014. Is he just a "foreigner" who wants "foreign visa just to stay forever" when shoulf he run away? 2008 when he first came to US? 3 years beffore he met me? All the tours that he did in EU, Australia, Africa, Asia? I think not.

We are not wealthy enough to buy the 500K investment visa at this point.

So the question I asked is "what if your husband does not want United States citizenship or LPR visa?"

My husband and I have an awesome marriage. We have goals and ambitions and we both want to be together. The issue is that our immigation system

sees our spouse as that "desparate someone for the visa." Given the fact that the person I married is not here for the visa after all and if not

an overstay risk of any sort why is it that Eu is the only place that will allow us to celebrate our birthday while USCIS sends us to Nebraksa?

While we were in EU, his own country had several Ebola cases. So we go day by day. If it gets too crazy, I am at the point of petioming EU to

grnat him visa (my parents birhtplave) instad of relying on USCIS. 5 month end time is Jan 5. No new info will ne found since his last O2....

Why does it take months?

[canadian_wife 1,791]

It takes months because there is more than one visa to be processed. It is a First Come First Serve industry.

I'm sorry you feel that you are 'forced' to choose a path. However, most people (such as myself) are happy there is such a process to begin. I love my life in the States with my husband.

good luck

[Boiler 43,436]

Takes a long time because it is a Government operation.

Why is the DMV so painful to deal with, same reason.

No such thing as a EU visa BTW.

[NikLR 13,220]

You are married and applied for a K1 visa? Well good luck with that. You'll be denied.

[Transborderwife 4,666]

Great questions and you might never get the answer... I first applied visitor visa to visit my boy friend in US (Now husband) and rejected, forced to apply fiancee visa (which I really feel reluctant as I have lot of things yet to settle in my country), we both travel to several countries included EU, England and Asia, I myself consider hardcore tourist like to travel a lot too, but guess what? I have to compromised to get into K1 (now awaiting for status change) and now stuck at home, not allowed to work (without work permit) and not allowed to travel too...

You can't get a k1 if married.

[Darnell 8,478]

You are married and applied for a K1 visa? Well good luck with that. You'll be denied.

ya - i hope she mis-spoke/wrote,

and instead , at least, is chasing a K-3 visa, instead.

that's my hope, else -

HEY ! OP ! File a I-130 next week, as filing an I-129F to chase a K-1 visa for your HUSBAND will fail !

[99balloons 12]

ya - i hope she mis-spoke/wrote,

and instead , at least, is chasing a K-3 visa, instead.

that's my hope, else -

HEY ! OP ! File a I-130 next week, as filing an I-129F to chase a K-1 visa for your HUSBAND will fail !

Hi,

Sorry about the long winded posts and thanks for all the supportive responses, but I am somewhat depressed about the processing time and this being the Christmas season. It takes a long time. Much longer than many other countries. And there is an expedited process/fees for employment visas but not such an equivalent for your spouse. (per USCIS website).

We applied for the correct IR spouse visa, no worries, it used to be called K1/K3 series.

By EU visa, I meant Schengen countries, or Etats Schengen, visa issued by EU to visit Europe, not issued by UCSIS, but European countries.

I was amazed how United States (my own country) would refuse a tourist visa for our spouse while EU (France in our case) would say "no problem," see your spouse again, "C category" granted, enjoy every country in EU on your visit, and have a wonderful birthday". And thank you for spending 6K Euro on plane tickets and hotels, we love you...But as they say, every USCIS case is different.

Yes, I am grateful there is a process. But do you honestly think that the process that separates you from your spouse and possibly having our future children for months or years is fair? why a married couple has to prove that the "spouse will go home" and can't be afforded "immediate relative" status immediately and be allowed to be together? Ans instead has to go to France?

Maybe one day, all of us petitioning for a spouse will be allowed a visa that will process faster than the DMV be less painful than a root canal and take better pictures than they do (lol). We are the posters than can change the system and make it better. I hope every one of us will see our spouses again very, very soon...Praying for Nebraska to start processing July/August filings. Happy holidays,. May all our dreams come true. Hugs.