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US visitor visa for my husband question

By Empressre in Tourist Visas

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Empressre Contributor

Empressre   2

Posted
Filed: K-1 Visa Country: Jamaica
 Timeline
Posted

This is tricky. I am a US citizen my husband Jamaican. Me and our kids live most of the year in Jamaica. Our baby was born there in February. I have been in the states for a few months now because my oldest son has medical needs that need attending to.

We have just opened a business in Jamaica and and it would be so much easier for my husband to come here to the US to get things for the business etc. I traveled down in November buy it's just too much with baby and leaving my other 2 behind.

I want to apply for him to come visit here while we are here. Also our baby will have a minor surgery in January.

I'm nervous because he was denied for visitor visa once a few years ago. The interviewing officer told him since we are married he should be applying for an immigration visa, even though he told him I live in Jamaica.

Should we let them know there are medical procedures I need him present for? Or just stick with him coming over to get things for our restaurant?

Why can't they see how hard they make it on families :(

angelbrown Community Regular

angelbrown   195

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted

This is tricky. I am a US citizen my husband Jamaican. Me and our kids live most of the year in Jamaica. Our baby was born there in February. I have been in the states for a few months now because my oldest son has medical needs that need attending to.

We have just opened a business in Jamaica and and it would be so much easier for my husband to come here to the US to get things for the business etc. I traveled down in November buy it's just too much with baby and leaving my other 2 behind.

I want to apply for him to come visit here while we are here. Also our baby will have a minor surgery in January.

I'm nervous because he was denied for visitor visa once a few years ago. The interviewing officer told him since we are married he should be applying for an immigration visa, even though he told him I live in Jamaica.

Should we let them know there are medical procedures I need him present for? Or just stick with him coming over to get things for our restaurant?

Why can't they see how hard they make it on families :(

Is your home of record in the states or JA? Yes, seems like you should be applying for the immigrant visa. They don't care about personal issues. From what I've read about other cases, it will be difficult to get a visitors visa because applying for a visitors visa with a wife who is a US citizen whose home of record is in the states may show intent to immigrate anyway. Jamaica is hard to get visitors visa unless he can show strong ties, and it still may be difficult. I'm not an expert though, so hopefully someone with more knowledge will chime in.

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

He can reapply, and has to be truthful at the interview, whether it's kids' medical or restaurant shopping, or both.

Immigration can be hard on families, but that's a risk USCs accept marrying an overseas spouse. Personal hardships usually don't carry weight with a CO, but a child's medical needs might have an influence.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Thegirl Proficient

Thegirl   225

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted (edited)

I'd suggest making a huge effort to let the CO know that his interest lie in Jamaica like highlighting the start of the business and showing that you and all the children live in Jamaica. Do you have an unconditional landing stamp? Bring evidence that the children have medical needs but that you will be returning to Jamaica. Show that the kids are registered in school in Jamaica if they are etc etc.

Edited by Keas

Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:

August 17, 2016: Visa Approved!!!! :dancing:

Empressre Contributor

Empressre   2

Posted
Filed: K-1 Visa Country: Jamaica
 Timeline
  • Author
Posted

Me and the kids have stamps in our passports with Ja residency. And I'm able to work there. I don't work in the states and I just sold my home that I had been renting out. I am currently staying with relatives.

The thing is, at his last interview they shut him down quick. I sent him with our rent receipts, kids school records etc and basically once they knew he was married to a us citizen they didn't even go as far as letting him present evidence.

So I can't get him an immigrant visa because we don't plan on residing stateside but he can't visit either. I am so frustrated with immigration policies.

Thegirl Proficient

Thegirl   225

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted

All you can do is try.

Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:

August 17, 2016: Visa Approved!!!! :dancing:

Pinkrlion Mentor

Pinkrlion   2,724

Posted
Filed: Country: Jamaica
 Timeline
Posted

Hey, I wondered what happened with you guys. It will be a challenge as although your family lives in JA, you are all US citizens and can remain in the US regardless of documents presented. You can try to provide documents that prove you have been living in JA for the past few years and have been there longer than you have been in the US.

Phase I - IV - Completed the Immigration Journey 

 

 

Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Might want to check appointment availability.

No harm trying but sounds a long shot.

“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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