Missionary Friend's Wife from Venezuela

[johnandmhel 3]

Here's the short of it (as short as I can make it): 

 

USC Missionary friend got married to Venezuelan wife five years ago but never applied an immigrant visa for her as they never planned to live in the USA and doing so was (and is) costly. 

 

Venezuela is a mess now and they got out and went to Panama a few months ago for him to continue working as a missionary but then Panama (not taking a liking to Venezuelans anymore) wasn't willing to extend her tourist visa there.  So, given that her current tourist visa was still good for the U.S., they came back here.  Evidently, because they stayed a relatively short time in Panama, immigration at the airport sent her into secondary and gave her a hard time (Why? Because it what's they're good at and I suppose they thought she was somehow trying to sneak into the USA and stay as her current tourist was set to expire in one month -- I know, I know, they probably wanted to see at least six months' left on her visa).  Anyway, they let her in and she had to drag both their heavy suitcases a long way to where she could meet up with her husband as he wasn't allowed to take the luggage after being told rudely that he could wait outside, downstairs, way far away and didn't know if he would see his wife again.

 

They have since consulted with an immigration attorney in his hometown and told they have three options:  1) file for an extension of a tourist visa that will be good for additional six months (but the lawyer says that by the time you get it, her current tourist visa will have already expired).  2) file for a spousal immigration visa but this will take probably over a year but because of President Grump's recent "I-hate-immigrants" stance, you have to wait 90 days after entering the USA (even as a bona fide spouse) before applying for an immigrant spousal visa.  3) apply for an expedited naturalization certificate that is special for those who are spouses of missionaries (something I hadn't heard of before but some of you may know more about it) but this would take longer than the spousal immigration visa.  They filed with the immigration attorney for the tourist visa extension right before her tourist visa expired and also for the spousal immigration visa but not the naturalization one as they only had so many hundreds of dollars. 

 

So, where it stands now is that the extension for the tourist visa has been filed but they need to wait another two months before they can apply for the spousal immigration visa  so, I fear, she's technically an "illegal alien" at this time and could be deported if the police happen to make a traffic stop, for example.  So it's almost an Anne Frank situation where she has to stay out of sight until they get the NOA at least proving she's "in process" I think or gets the extension to her tourist visa.   

 

Is this true or not?

 

Anyone with experiences like this one?

 

Granted, this is my friend's fault for not going after the immigration visa years earlier but, as said, they thought they would never really need it.  As it stands now, they need to stay here in the U.S. until this all resolves itself.  The worst thing would be if she got deported back to Venezuela as, it would be difficult, if not impossible, for her to ever legally get out of there as Venezuela is making it nearly impossible for citizens to "escape" the country legally.  

[Roel 7,192]

9 minutes ago, johnandmhel said:

Here's the short of it (as short as I can make it): 

 

USC Missionary friend got married to Venezuelan wife five years ago but never applied an immigrant visa for her as they never planned to live in the USA and doing so was (and is) costly. 

 

Venezuela is a mess now and they got out and went to Panama a few months ago for him to continue working as a missionary but then Panama (not taking a liking to Venezuelans anymore) wasn't willing to extend her tourist visa there.  So, given that her current tourist visa was still good for the U.S., they came back here.  Evidently, because they stayed a relatively short time in Panama, immigration at the airport sent her into secondary and gave her a hard time (Why? Because it what's they're good at and I suppose they thought she was somehow trying to sneak into the USA and stay

And apparently they were right.... 

 

Quote

 

They have since consulted with an immigration attorney in his hometown and told they have three options:  1) file for an extension of a tourist visa that will be good for additional six months (but the lawyer says that by the time you get it, her current tourist visa will have already expired). 

Yep. The extension won't work. 

 

Quote

 

 

2) file for a spousal immigration visa but this will take probably over a year but because of President Grump's recent "I-hate-immigrants" stance, you have to wait 90 days after entering the USA (even as a bona fide spouse) before applying for an immigrant spousal visa. 

That's not how spouse visa works. They can apply but the wife would have to leave US and return to her country to wait out the process. Currently it takes from 12 to 14 months. 

 

There is no such thing as waiting 90 days to apply for spouse visa. 

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3) apply for an expedited naturalization certificate that is special for those who are spouses of missionaries (something I hadn't heard of before but some of you may know more about it) but this would take longer than the spousal immigration visa. 

Never heard and doubt it's real. Plus she cannot get a citizenship without a green card first anyway. 

 

 

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They filed with the immigration attorney for the tourist visa extension right before her tourist visa expired and also for the spousal immigration visa but not the naturalization one as they only had so many hundreds of dollars. 

 

You mean spouse visa or aos? Two completely different things. 

Quote

So, where it stands now is that the extension for the tourist visa has been filed but they need to wait another two months before they can apply for the spousal immigration visa  so, I fear, she's technically an "illegal alien" at this time and could be deported if the police happen to make a traffic stop, for example.  So it's almost an Anne Frank situation where she has to stay out of sight until they get the NOA at least proving she's "in process" I think or gets the extension to her tourist visa.   

As soon as her tourist visa expires she will be out of status and deportable. 

Comparing it to Anne Frank is kind of disgusting  though. No offense. 

 

Quote

 

Is this true or not?

 

Anyone with experiences like this one?

 

Granted, this is my friend's fault for not going after the immigration visa years earlier but, as said, they thought they would never really need it.  

They already made a mistake of not applying for spouse visa prior to coming to the US and using the tourist visa to immigrate.  Basically they committed immigration fraud. 

Edited May 2, 2018 by Roel

[Boiler 45,693]

Perhaps this is a good time to refer to the VJ ToS.

 

Personally I have little time for those who so obviously flout Immigration laws, and not much for those who 'post for a friend' and complain about the system that they have just abused.

[Unlockable 7,315]

You fault the border officers for sending the wife into secondary when they were doing their jobs. They were right in questioning her. Based on your story she was going to use the visitor visa to live in the US regardless.

 

The extension is a possibility but not a guarantee. The options now are to file for a spousal visa and for her to return to Venezuela while it is being processed. Or file for AOS.

 

This has nothing to do with bad border officers or Trump. A person can't use a visitor visa to go and live in another country. Look what happened to the wife in Panama. It was basically the same thing. Best for them to get the process done so they can stop breaking rules because they are scrambling.

[johnandmhel 3]

For the record, they DID NOT come here to the USA to stay -- they want to go back to Panama to be missionaries there.  They came here to file paperwork and would happily go somewhere else if they afford to do so and had the proper visas to go there. 

 

However, Panama won't give her an extension on a tourist visa.  The US was the only place they could go due to him being a USC and her having a valid tourist visa to afford to go to another country. Returning to Venezuela is not an option given the situation there.    

 

They have submitted paperwork as soon as possible after arriving legally here. 

 

The ninety-day wait then is for AOS (which is what they're doing I guess) not spousal visa  -- https://citizenpath.com/90-day-rule-adjusting-status/   sorry, I'm no immigration expert -- all of you are. 

 

I wish people could be a little kinder in their remarks but it's my fault for posting anyway.  

 

I won't post anymore ever again here on VJ.   

 

 

[Roel 7,192]

Well what do you expect when you come here complaining about the system that works just fine? They startes working on making the wife legal resident as soon as they arrived and this is exactly what border officers suspected they will do.  Also there is no such thing as 90 day rule, really. Glad you specified they applied for AOS not spouse visa. 

 

 

Edited May 2, 2018 by Roel

[MyJourney 276]

55 minutes ago, johnandmhel said:

Here's the short of it (as short as I can make it): 

USC Missionary friend got married to Venezuelan wife five years ago but never applied an immigrant visa for her as they never planned to live in the USA and doing so was (and is) costly. 

Very good. The fact that they had been married for this long is a good sign of a healthy, bona fide marriage. 

 

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Anyway, they let her in.

Excellent. She legally entered the US through a proper POE with inspection. 

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1) file for an extension of a tourist visa that will be good for additional six months (but the lawyer says that by the time you get it, her current tourist visa will have already expired). 

Don't. She will be out of status, it is too late. 

Quote

2) file for a spousal immigration visa but this will take probably over a year but because of President Grump's recent "I-hate-immigrants" stance, you have to wait 90 days after entering the USA (even as a bona fide spouse) before applying for an immigrant spousal visa. 

Not true. The "90-day" thing does not exist. You don't have to wait a bit, especially given the fact that you were married 5 years.  

Quote

3) apply for an expedited naturalization certificate that is special for those who are spouses of missionaries (something I hadn't heard of before but some of you may know more about it) but this would take longer than the spousal immigration visa.  They filed with the immigration attorney for the tourist visa extension right before her tourist visa expired and also for the spousal immigration visa but not the naturalization one as they only had so many hundreds of dollars. 

Apply to adjust status. As long as you applied for spousal immigration, you can include the "notice letter" in your application to adjust status. 

Quote

So, where it stands now is that the extension for the tourist visa has been filed but they need to wait another two months before they can apply for the spousal immigration visa  so, I fear, she's technically an "illegal alien" at this time and could be deported if the police happen to make a traffic stop, for example.  So it's almost an Anne Frank situation where she has to stay out of sight until they get the NOA at least proving she's "in process" I think or gets the extension to her tourist visa.   

As long as she applies for Adjustment of Status (i485) her overstay would be forgiven and while she awaits the adjudication, she will be legal, in fact she will not be able to leave the US unless she applies for Advance Parole.  

Don't listen to fearmongers. She entered the US legally (so her intent was cleared) and she is an immediate relative of a US citizen. She can and should adjust her status without leaving the US. 

[Cyberfx1024 7,980]

1 hour ago, johnandmhel said:

Here's the short of it (as short as I can make it): 

 

USC Missionary friend got married to Venezuelan wife five years ago but never applied an immigrant visa for her as they never planned to live in the USA and doing so was (and is) costly. 

 

Venezuela is a mess now and they got out and went to Panama a few months ago for him to continue working as a missionary but then Panama (not taking a liking to Venezuelans anymore) wasn't willing to extend her tourist visa there.  So, given that her current tourist visa was still good for the U.S., they came back here.  Evidently, because they stayed a relatively short time in Panama, immigration at the airport sent her into secondary and gave her a hard time (Why? Because it what's they're good at and I suppose they thought she was somehow trying to sneak into the USA and stay as her current tourist was set to expire in one month -- I know, I know, they probably wanted to see at least six months' left on her visa).  Anyway, they let her in and she had to drag both their heavy suitcases a long way to where she could meet up with her husband as he wasn't allowed to take the luggage after being told rudely that he could wait outside, downstairs, way far away and didn't know if he would see his wife again.

 

They have since consulted with an immigration attorney in his hometown and told they have three options:  1) file for an extension of a tourist visa that will be good for additional six months (but the lawyer says that by the time you get it, her current tourist visa will have already expired).  2) file for a spousal immigration visa but this will take probably over a year but because of President Grump's recent "I-hate-immigrants" stance, you have to wait 90 days after entering the USA (even as a bona fide spouse) before applying for an immigrant spousal visa.  3) apply for an expedited naturalization certificate that is special for those who are spouses of missionaries (something I hadn't heard of before but some of you may know more about it) but this would take longer than the spousal immigration visa.  They filed with the immigration attorney for the tourist visa extension right before her tourist visa expired and also for the spousal immigration visa but not the naturalization one as they only had so many hundreds of dollars. 

 

So, where it stands now is that the extension for the tourist visa has been filed but they need to wait another two months before they can apply for the spousal immigration visa  so, I fear, she's technically an "illegal alien" at this time and could be deported if the police happen to make a traffic stop, for example.  So it's almost an Anne Frank situation where she has to stay out of sight until they get the NOA at least proving she's "in process" I think or gets the extension to her tourist visa.   

 

Is this true or not?

 

Anyone with experiences like this one?

 

Granted, this is my friend's fault for not going after the immigration visa years earlier but, as said, they thought they would never really need it.  As it stands now, they need to stay here in the U.S. until this all resolves itself.  The worst thing would be if she got deported back to Venezuela as, it would be difficult, if not impossible, for her to ever legally get out of there as Venezuela is making it nearly impossible for citizens to "escape" the country legally.  

Of course Panama won't allow her to continue staying on a tourist visa because that whole region is being flooded by Venezuelans trying to flee their country. You can call it mean for her being taken in to secondary but it was rightfully done because anyone can see what was going to happen and what actually did end up happening. CBP is simple following the law that's it and that's why they sent her into secondary. Also believe it or not but President Trump is simply following the rule of law in regards to immigration, something that hasn't been done for a while now.

 

She can not file for naturalization due to never being a LPR or a PR.

[Cyberfx1024 7,980]

2 minutes ago, MyJourney said:

She is married to a USC and entered the US legally, got past the inspection and is currently in the US legally and as such, she CAN apply for adjustment of status. "Seeing" that she is "abusing the system" is not your job, it is the job of the officers at POE and she already got past them. The end of story. 

Obviously the officers at the POE were following protocol and sent her into secondary to question her. This is because they saw that she was going to immigrate and should have sent her back in all honesty. But she probably did a sob story about wanting to travel and see her husband's family members, that is why they let her in.

[MyJourney 276]

1 minute ago, cyberfx1024 said:

She can not file for naturalization due to never being a LPR or a PR.

Don't confuse people. They are obviously are talking about adjusting status as a permanent resident not "naturalization". 

[Cyberfx1024 7,980]

2 minutes ago, MyJourney said:

Don't confuse people. They are obviously are talking about adjusting status as a permanent resident not "naturalization". 

I am not confusing people at all the OP wrote this:  3) apply for an expedited naturalization certificate that is special for those who are spouses of missionaries (something I hadn't heard of before but some of you may know more about it) but this would take longer than the spousal immigration visa.

 

So that is why I wrote what I wrote in regards to that.

[Cyberfx1024 7,980]

1 hour ago, johnandmhel said:

Here's the short of it (as short as I can make it): 

 

USC Missionary friend got married to Venezuelan wife five years ago but never applied an immigrant visa for her as they never planned to live in the USA and doing so was (and is) costly. 

 

Venezuela is a mess now and they got out and went to Panama a few months ago for him to continue working as a missionary but then Panama (not taking a liking to Venezuelans anymore) wasn't willing to extend her tourist visa there.  So, given that her current tourist visa was still good for the U.S., they came back here.  Evidently, because they stayed a relatively short time in Panama, immigration at the airport sent her into secondary and gave her a hard time (Why? Because it what's they're good at and I suppose they thought she was somehow trying to sneak into the USA and stay as her current tourist was set to expire in one month -- I know, I know, they probably wanted to see at least six months' left on her visa).  Anyway, they let her in and she had to drag both their heavy suitcases a long way to where she could meet up with her husband as he wasn't allowed to take the luggage after being told rudely that he could wait outside, downstairs, way far away and didn't know if he would see his wife again.

 

They have since consulted with an immigration attorney in his hometown and told they have three options:  1) file for an extension of a tourist visa that will be good for additional six months (but the lawyer says that by the time you get it, her current tourist visa will have already expired).  2) file for a spousal immigration visa but this will take probably over a year but because of President Grump's recent "I-hate-immigrants" stance, you have to wait 90 days after entering the USA (even as a bona fide spouse) before applying for an immigrant spousal visa.  3) apply for an expedited naturalization certificate that is special for those who are spouses of missionaries (something I hadn't heard of before but some of you may know more about it) but this would take longer than the spousal immigration visa.  They filed with the immigration attorney for the tourist visa extension right before her tourist visa expired and also for the spousal immigration visa but not the naturalization one as they only had so many hundreds of dollars. 

 

So, where it stands now is that the extension for the tourist visa has been filed but they need to wait another two months before they can apply for the spousal immigration visa  so, I fear, she's technically an "illegal alien" at this time and could be deported if the police happen to make a traffic stop, for example.  So it's almost an Anne Frank situation where she has to stay out of sight until they get the NOA at least proving she's "in process" I think or gets the extension to her tourist visa.   

 

Is this true or not?

 

Anyone with experiences like this one?

 

Granted, this is my friend's fault for not going after the immigration visa years earlier but, as said, they thought they would never really need it.  As it stands now, they need to stay here in the U.S. until this all resolves itself.  The worst thing would be if she got deported back to Venezuela as, it would be difficult, if not impossible, for her to ever legally get out of there as Venezuela is making it nearly impossible for citizens to "escape" the country legally.  

She has to first be a Permanent Resident in order to file for Naturalization. But I expect her petition for AOS to be heavily scrutinized. Good luck in all honesty to them. @TheJourney

 

 

 

If you are married to a US citizen working for certain organizations overseas, you may be able to naturalize without having resided at all in the United States. This is sometimes called “expedited” naturalization and is authorized under section 319(b) of the Immigration and Nationality Act.

The purpose of INA section 319(b) is to allow people to reside abroad with their USC spouses. Without the law, legal permanent residents might abandon their permanent residence by spending too much time out of the country, or their USC spouses might be deterred from working overseas in the US interest.

319(b) Requirements

To qualify:

1. You must be a legal permanent resident married to a US citizen.

2. Your spouse must work for one of the following organizations:

• the United States Government
• an American institution of research recognized by the Attorney General
• an American firm or corporation engaged in foreign trade or commerce, or a subsidiary thereof
• a public international organization, such as the United Nations or subsidiary body

or, must work as

• a minister or missionary of a religious denomination having a bona fide organization in the United States

3. Your spouse must be “regularly stationed” abroad. USCIS has interpreted that to mean that your spouse will be working abroad for at least a year from the time of filing.

4. After your spouse’s overseas employment ends, you must intend to take up residence in United States.

Edited May 2, 2018 by cyberfx1024

[Boiler 45,693]

One thing bucking the system, another to come on here and rub it in the noses of people who are now waiting over a year to be reunited.

[Rusty72 68]

20 minutes ago, MyJourney said:

By all means, try to vote it out, this is how democracy works. But until then, don't judge people and try to stop them doing what they can legally do. 
She entered the US legally and she can apply to adjust her status to that of a permanent resident. The laws and regulations permit that.  
No, the USCIS will NOT "scrutinize" how she came. She already got past that "scrutinization" phase at the POE. There are numerous case laws that such scrutiinization does not work. 

Coming to the USA on a tourist visa with the intent to immigrate (which they said as much anyways) IS FRAUD.

There is a reason why the immigration process takes so long and why we are all scrutinized. 

And for every person who tries to game the system it makes it harder.

So I don't think you can tell people to not judge when they spend all their time doing everything right and legal and they see people coming on here trying to cheat the system. 

And I guarantee ..I'll bet my savings and 401k on it that they did not tell them at the POE that they were coming in to change status and stay AND THAT IS THE FRAUD RIGHT THERE

[ConOfficer 167]

1 hour ago, MyJourney said:

Give me one reason why she cannot adjust her status, one reason. 

I mean legal reason, not your usual "I think"s. 

If you file for adjustment of status within 90 days of entering the U.S. as a tourist there is a legal presumption that you had the intent to adjust status at the time of entry to the U.S. This can lead to the adjustment of status application being denied, entry of a 212(6)(c)(i) ineligibility for fraud, and the initiation of deportation proceedings.

 

Even after 90 days there is still a risk of fraud finding. I'm inferring here that she promised the CBP agents she did not intend to adjust status in the U.S. (otherwise they would have turned her around), so she's on record with that.