Any thoughts on interviewing/process in country vs. the states?

[BradandKaneko 0]

We were recently married (in December) after being together for three years. I reside in Guatemala (US Citizen) and my wife is Guatemalan. She has a tourist visa to the states, and has been there about a dozen times. 
Had no intention of moving back to the states, but recent changes with my work dictate that I will be returning there as they have asked me to relocate , and don't really have other options. 

That being said, we are going to start the process of obtaining a visa for her.   Are there any advantages or disadvantages for having the interview process taken place in the US, or here in country? Not really concerned about travel costs, so mainly looking for processing time, or other things that might come up with one vs. the other. 

[Lemonslice 4,615]

Where is your wife now?

[Crazy Cat 39,791]

Her interview, when you get to that stage will be held in her country.  You will have to exhibit US domicile also.

[Crazy Cat 39,791]

Be advised that entering the US via a B2 visitor visa with the intent to adjust status is considered visa fraud.  As I understood your original post, you are both outside the US at present.  If so, you can file Direct Consulate Processing if it is available for her country. 

 

 

Check these guides for your situation.....http://www.visajourney.com/content/guides/

[BradandKaneko 0]

We both live in Guatemala. I have a home in NC so that part won't really be an issue. 

I must have read the State dept. web site wrong as it made me believe it could be done there. 

 

 

 

[BradandKaneko 0]

Yea I have no idea what you are talking about on the fraud part. As i mentioned, she has a Visa for tourism already, and has had for close to ten years. We both have traveled the world. And again, had no intention of ever living in the states again, but work is going to force that. 
It's a legitimate marriage, and legitimate reason to seek her visa. 

[Crazy Cat 39,791]

9 minutes ago, BradandKaneko said:

Yea I have no idea what you are talking about on the fraud part. As i mentioned, she has a Visa for tourism already, and has had for close to ten years. We both have traveled the world. And again, had no intention of ever living in the states again, but work is going to force that. 
It's a legitimate marriage, and legitimate reason to seek her visa. 

I am not disputing your marriage.  I am simply stating that your wife will have to remain outside the US during the process although short visits to the US during the process are usually allowed.  The fact that she already has a visitor visa increases the chance that she can visit the US if needed during the process.

 

[Crazy Cat 39,791]

But to answer your original question, her interview will take place in her country.  The entire process right now takes about 12-14 months from filing to visa in hand barring any issues.  Best wishes on your journey.....

[geowrian 22,336]

18 minutes ago, BradandKaneko said:

We both live in Guatemala. I have a home in NC so that part won't really be an issue. 

I must have read the State dept. web site wrong as it made me believe it could be done there. 

Domicile is, in overly simplified terms, where you rest your head at night on most nights. Having a US house does not, in itself, meet domicile requirements.

 

AOS is an option available to some couples, but not in your circumstances.

 

16 minutes ago, BradandKaneko said:

Yea I have no idea what you are talking about on the fraud part. As i mentioned, she has a Visa for tourism already, and has had for close to ten years. We both have traveled the world. And again, had no intention of ever living in the states again, but work is going to force that. 
It's a legitimate marriage, and legitimate reason to seek her visa. 

The fraud is entering the US with intent to stay / file for AOS (to get a green card). This is not permitted on a tourist visa. It has nothing to do with the validity of your marriage. She is free to seek the necessary visa, though.

Edited January 31, 2018 by geowrian

[BradandKaneko 0]

Ok. I understand. Yes she will continue to visit the states some, as we go on business trips, but these are short trips.  Thanks for the help. 

[BradandKaneko 0]

They do mention: Place where a person has his or her principal residence. The person must intend to keep that residence for the foreseeable future. The sponsor of an immigrant must have domicile in the United States before the visa can be issued. This generally means that the sponsor must be living in the United States. In certain circumstances, however, one can be considered to have a domicile while living temporarily living overseas.

 

Not sure what certain circumstances are. I don't think this will apply as though in general. I still maintain my principal residence, and I travel to the states about every two months or more on average. My job is international so I am in countries like Peru, Carribean, etc. about twice a month. 
 

[pushbrk 12,264]

To be clear, NOTHING on the State Department's website would have mentioned a "visa interview" inside the USA.  This is because "visas" are issued to enter countries, so are ALWAYS issued at US Consulates.  There are no US Consulates or Embassies IN the USA.  When adjusting status from within the USA, the State Department is not involved in any way.

[geowrian 22,336]

1 minute ago, BradandKaneko said:

They do mention: Place where a person has his or her principal residence. The person must intend to keep that residence for the foreseeable future. The sponsor of an immigrant must have domicile in the United States before the visa can be issued. This generally means that the sponsor must be living in the United States. In certain circumstances, however, one can be considered to have a domicile while living temporarily living overseas.

 

Not sure what certain circumstances are. I don't think this will apply as though in general. I still maintain my principal residence, and I travel to the states about every two months or more on average. My job is international so I am in countries like Peru, Carribean, etc. about twice a month. 
 

Having a foreign residence and job would generally exclude you from the above. The typical exceptions are things like military, students, some government contractors, etc.

 

Showing sufficient intent to establish US domicile likely will not be an issue. It’s just something to be aware of IMO.