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99balloons

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

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Filed: IR-1/CR-1 Visa Country: Mali
Timeline

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 by 99balloons

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Filed: AOS (pnd) Country: Malaysia
Timeline

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...


12.15.2009 - Meet through online games, he is my Hero star_smile.gif

02.14.2010 - Dating

12.22.2010 - First meet@London (My first white Christmas)

[Long.distance: Skype, Whatsapp, Messenger, eCard, eGifts]

12.29.2011 - He visit my parents@Kuala Lumpur

02.20.2013 - B2 Rejected crying.gif

06.19.2013 - K1 visa application documents mailed to John

12.20,2013 - Packet 3 received

05.20.2014 - Checklist and DS-230 sent

06.25.2014 - Packet 4 (Appointment letter) received

07.02.2014 - Medical Exam

07.11.2014 - Medical Exam result received

07.15.2014 - Final Interview

07.18.2014 - K1 visa secured

09.12.2014 - Landed Chicagoland

10.10.2014 - Married in Court House :content:

11.15.2014 - SSN with name changed obtained

12.08.2014 - AOS Files Sent

01.08.2015 - Bio Appointment

02.12.2015 - I-765 & I-131 approved!

02.23.2015 - Employment Authorization Card received

as1cHhSB0361800MTAwNDcxNGx8NTQ1MjgxbHxEY

as1cR2SoSf-1800MTAwMzVsfDQ1NTQ4MTlsc3xDb

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Filed: Citizen (apr) Country: Ecuador
Timeline

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


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: Wales
Timeline

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Ireland
Timeline

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.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Citizen (apr) Country: Egypt
Timeline

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.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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Filed: AOS (apr) Country: Russia
Timeline

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.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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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.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Mali
Timeline

@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?

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Filed: Citizen (apr) Country: Canada
Timeline

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


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: K-1 Visa Country: Wales
Timeline

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Other Country: Canada
Timeline

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.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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 !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: Mali
Timeline

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.

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