IR-1 for spouse need help

[Drizzlenj 0]

Me and my wife have been married for 3 years. We were married in the states while she was here on a tourist visa. We have a child together. She now lives in Dominican Republic with our son. We have been separated for about 2 years now. I want to get her residency to come live in the states so my son can grow up here and have a better life. I am in the process of filing her paperwork. I would like to know if I can still get her papers even though we are separated. Any information is appreciated. We are still married

[Filipina warriors 2]

If you're married and still in communication with her, and you have kid. I don't think that's an issue.

If you're married and still in communication with her, and you have kid. I don't think that's an issue.

If you're married and still in communication with her, and you have kid. I don't think that's an issue.

If you're married and still in communication with her, and you have kid. I don't think that's an issue.

[rodriguezhiraldo 7]

Hi,

ok. some questions.

1. You say you are separated meaning no love relationship since two years ago, correct?

2. Do you have plans in reconciling and getting back together?

OK, this is the deal with spousal visas. Main factor in getting visa approved is to prove that you and your wife have a LEGIT, bona fide marriage, meaning not just having a marriage certificate such as recent trips , frequent trips, photos w/ her and family, joint finances, money transfers, frequent communication, This is all you will read in this forum over and over- people trying with their life to build a case and bring together enough proof for the interview. I would worry about the fact that you guys are publicly separated and trying to get a spousal visa. I am almost certain it will not be nice if the consul finds out about this. I'm trying to wrap my head around it but 2 years is a long time and the interview could be harsh.

one other thing- Maybe you already thought about it but are not interested - You can petition your child ONLY if you are interested in giving him a visa and therefore a better life. Again, maybe this is not an option for you because mama needs to be with child. But I thought I should through that there just in case.

I understand you maintain communication but you are separated. The only strong evidence you have is your child with her. but honestly, idk how much is that going to do. I am sure experts from the VJ will jump in and give you some advice.

this is just me getting together some common sense.

Edited October 2, 2015 by rodriguezhiraldo

[Drizzlenj 0]

I am going to do the report of birth abroad for my son so he can be a citizen. I have been down there to see my son and her every six months. The only way I can get him to come live here in the states is if his mom comes too. Our marriage was bonafide we thought we were in love and she got pregnant so we got married. I do have pictures from that time as well.

[Anh map 2,098]

Bona fide doesn't mean that you have photos of a ceremony. It's about how you live your lives: as separate people who have a child together, or as a married couple with comingled finances, family activities, etc. Have you been filing your federal taxes as married or single? Is your spouse the beneficiary of any insurance coverage that you may have? Those types of things would be the evidence of a bona fide marriage.

[saddlepatch 6]

I'm a little confused, are you divorced or just separated as in living apart due to family or whatever other reason?

I'm afraid if there as been no attempt at visiting each other in the last 2 years, this is going to be very hard to do, however you may be able to get just your son over into the states, but I'm not sure if that would entitled her having to give you full custody etc and if it would also be hard if you haven't seen him in 2 years also.

If this is the case, I'd wait two more years and in that time, visit your wife and son and have them come visit you cause I'm also certain in your sons case, you will at least need to prove you have a relationship with him as his father.

Either way I wish you the best of luck. Sounds like a sticky situation but I can understand your need for your son to come to America.

[Transborderwife 4,666]

This wreaks of marital fraud

[rodriguezhiraldo 7]

Yea I agree with transboarder. Its just a sticky situation you don't want to catch yourself lying to the uscis and us embassy in DR and honestly the fact that you are asking for this and admitting you are separated , its the wrong way to begin. I understand your frustration but you don't want to get in trouble risk everything for engaging in a fraudulent act, oh yea it is fraudulent.

My only advise is to come in agreement with the mother and find a way to bring him over. I am sure she also wants the best for him. I am nobody to say since I don't know what the situation is and why it is completely necessary for her to also get a visa. We see this all the time, single parents bringing their children. Down the line, who knows she may find a way to reunite and also other possibilities. Again, if you do this you will begin with the wrong foot. Its already hard for legitimate couples to go through this. But who am I to stop you? The other thing is what the other vj member suggested. Perhaps give it two more years and try to tie nots with your wife again. Who knows.

Best of luck- its really nice to see a father wanting all the good for his child.

[rodriguezhiraldo 7]

I am going to do the report of birth abroad for my son so he can be a citizen. I have been down there to see my son and her every six months. The only way I can get him to come live here in the states is if his mom comes too. Our marriage was bonafide we thought we were in love and she got pregnant so we got married. I do have pictures from that time as well.

Ok so you are in the process of declaring your son at the embassy? and therefore getting him citizenship, us passport etc great!

Im a little confused here so what is the issue?

1. you and your son meet all requirements for him being reported abroad(transmission requirements) BUT his mother wont have him leave with you unless she can go.

2.Or, you are unable to have the child in the US without mama's care/help (completely understandable).

Edited October 2, 2015 by rodriguezhiraldo

[Drizzlenj 0]

The issue here is that if my wife and I entered the marriage because we were in love and we're going to have a child together how can this be considered fraud if we are still married but separated? I always though it would be fraud for two people to get married for the sole purpose of getting papers. I have been down there every six months to see my son and wife. My wife isn't going to let my son come live in the states with me. She wants to be here with him. That is the problem. When I go to the interview they will reject us because we have been separated even though we entered the marriage with good intentions?

[Drizzlenj 0]

I've been filing my taxes as single because she doesn't have a ss# or a#

[Transborderwife 4,666]

I've been filing my taxes as single because she doesn't have a ss# or a#

This is fraud. Regardless you need to file as married

[rodriguezhiraldo 7]

The issue here is that if my wife and I entered the marriage because we were in love and we're going to have a child together how can this be considered fraud if we are still married but separated? I always though it would be fraud for two people to get married for the sole purpose of getting papers. I have been down there every six months to see my son and wife. My wife isn't going to let my son come live in the states with me. She wants to be here with him. That is the problem. When I go to the interview they will reject us because we have been separated even though we entered the marriage with good intentions?

I understand you are married, but you are admitting to being separated. Again, you will need relationship proof for this process, heavy by the way. Your wife wont be granted a visa if consul determines that after entering the US you a and your wife have no intentions of being a legitimate couple. This is not the purpose of filing i130 for your spouse US embassy in DR is a high fraud so they are extra vigilant of these types of cases. HOpefully there are other ways to figure out the best road for you.

Best of luck.

[Drizzlenj 0]

It really is a shame what has become of our country. We used to welcome immigrants in and now we do whatever we can to keep them out. To keep a son away from his mother or father because of a border is a crying shame. Seems like my only choice is to have my son grow up in the DR. I can't expect for a mother to give up her only child

[Transborderwife 4,666]

It really is a shame what has become of our country. We used to welcome immigrants in and now we do whatever we can to keep them out. To keep a son away from his mother or father because of a border is a crying shame. Seems like my only choice is to have my son grow up in the DR. I can't expect for a mother to give up her only child

If family reunification is the most important thing why not move there