Work in Third Country - Withdrawal of K1

[SurferCat 11]

Hi All,

 

I have been trying to find information, but it seems that my case is not so common. 

 

My fiancé and I started the visa process last year, and in June we received an RFE. A few weeks before the RFE came, I got a great job offer in a third country (i.e. not my fiancé's country), and they recognize partners as dependents, so he was able to join me here. The RFE was because I sent the divorce nisi instead of the certificate (rookie mistake, I know). But since we were now living in a third country with my 2-year contract, I knew I would need to withdraw the application. We decided to get married in the Philippines this November (yay!!), since it's not far from here, and therefore (someday) we may apply for the CR1. 

 

The tricky part is this: I want him to be able to FINALLY come to the US and meet my family this Christmas (they can't come to the Philippines). So here's my question: (1) what are the chances that he will get approved for a visitor visa, (2) how long do we have to wait for the K1 to show as withdrawn in their system, and (3) would applying for the visitor visa be more likely to be approved before or after we are married? 

 

He is not working here, but he is listed as my dependent on my contract and the lease. 

 

Thanks in advance for your advice!!

[Roel 7,191]

1. Small chances.

2.  Shouldn't be long.

3. Doesn't matter.

[Cyberfx1024 7,978]

46 minutes ago, SurferCat said:

Hi All,

 

I have been trying to find information, but it seems that my case is not so common. 

 

My fiancé and I started the visa process last year, and in June we received an RFE. A few weeks before the RFE came, I got a great job offer in a third country (i.e. not my fiancé's country), and they recognize partners as dependents, so he was able to join me here. The RFE was because I sent the divorce nisi instead of the certificate (rookie mistake, I know). But since we were now living in a third country with my 2-year contract, I knew I would need to withdraw the application. We decided to get married in the Philippines this November (yay!!), since it's not far from here, and therefore (someday) we may apply for the CR1. 

 

The tricky part is this: I want him to be able to FINALLY come to the US and meet my family this Christmas (they can't come to the Philippines). So here's my question: (1) what are the chances that he will get approved for a visitor visa, (2) how long do we have to wait for the K1 to show as withdrawn in their system, and (3) would applying for the visitor visa be more likely to be approved before or after we are married? 

 

He is not working here, but he is listed as my dependent on my contract and the lease. 

 

Thanks in advance for your advice!!

What country is this "third country" you are referring to? 

1. He may or may not get approved for a visitor visa that all depends on how much evidence you guys submit with your application. 

2. Not Sure. 

3. It depends on how much evidence you show that he will come back to that country. 

[crono_clone 213]

Unless you two are now considered legal residents of that new country you mentioned (which I doubt since you said you only have a 2-year contract), you'd unfortunately still have a tough time proving that he has enough ties to the Philippines to warrant being granted a visitor visa, in my opinion. 

 

USCIS specifically assumes that all visitor visa applicants are going to overstay, and it's up to the applicant to sufficiently dissuade them from that initial assumption. The fact that your husband was able to follow you to a temporary work assignment in a different country tells them that he doesn't have strong-enough roots back home to go back to if they do grant him a visa, on top of the fact that he's already shown immigrant intent by having a K1 visa (even a withdrawn one) already on file with them.  

 

 

[SurferCat 11]

On 8/23/2018 at 9:46 PM, crono_clone said:

Unless you two are now considered legal residents of that new country you mentioned (which I doubt since you said you only have a 2-year contract), you'd unfortunately still have a tough time proving that he has enough ties to the Philippines to warrant being granted a visitor visa, in my opinion. 

 

USCIS specifically assumes that all visitor visa applicants are going to overstay, and it's up to the applicant to sufficiently dissuade them from that initial assumption. The fact that your husband was able to follow you to a temporary work assignment in a different country tells them that he doesn't have strong-enough roots back home to go back to if they do grant him a visa, on top of the fact that he's already shown immigrant intent by having a K1 visa (even a withdrawn one) already on file with them.  

 

 

We are not getting legal residency in Myanmar, but the "ties" are actually to me (his soon-to-be wife), and we can show the lease agreement here in Myanmar and my contract that lists his name as my dependent. "Temporary" is the only type of contract in my field - international development - therefore, I will never have a "permanent" job... 2 years is actually the typical contract length, with only the highest level positions getting 5-year contracts. But as I don't have a job in the U.S. there would be no reason for him to stay there. Not sure if it will be enough.... 

 

On 8/22/2018 at 5:46 PM, Cyberfx1024 said:

What country is this "third country" you are referring to? 

 1. He may or may not get approved for a visitor visa that all depends on how much evidence you guys submit with your application. 

 2. Not Sure. 

3. It depends on how much evidence you show that he will come back to that country. 

It's Myanmar - so evidence of returning to the third country would be considered? They always say "evidence of return to home-country" - we can't show evidence that he will return to the Philippines, as he does not intend to, except to visit (unless, of course, the two of us decide to return there more permanently). Would you say that, in that case, applying after we are married would be stronger evidence of returning to Myanmar (me being the "ties to outside the U.S."? 

 

Another consideration - we are hoping to buy a lot in the Philippines sometime in the next year (but would be really sad if we can't go until after this happens!), but I guess that would be strong ties outside the country, even though it means we couldn't visit my family until next year. 

[Chris Duffy 1,256]

I would say the chance of getting a Tourist Visa is slim. But I would apply anyways and see what happens.

 

Other Option:

 

  Since you are now married you can enter the Philippines on a Balikbayan Privilege, which will give you one year entry into the Philippines. And then after 6 months of staying in Philippines you can file for DCF at the US Embassy in Manila, process takes a few weeks to get approval versus the one year wait for the CR1.

 

Do you want to live in USA in the future or stay living abroad?

 

 

[SalishSea 16,884]

17 hours ago, SurferCat said:

We are not getting legal residency in Myanmar, but the "ties" are actually to me (his soon-to-be wife), and we can show the lease agreement here in Myanmar and my contract that lists his name as my dependent. "Temporary" is the only type of contract in my field - international development - therefore, I will never have a "permanent" job... 2 years is actually the typical contract length, with only the highest level positions getting 5-year contracts. But as I don't have a job in the U.S. there would be no reason for him to stay there. Not sure if it will be enough.... 

So you're not actually legally married yet?

[Daniela M_______ 409]

On 8/23/2018 at 10:16 AM, crono_clone said:

Unless you two are now considered legal residents of that new country you mentioned (which I doubt since you said you only have a 2-year contract

Even by a 2 year contract, that would be considered legal residence, under "temporary or permanent" but still legal.

[SurferCat 11]

On 9/9/2018 at 7:13 PM, Chris Duffy said:

  Since you are now married you can enter the Philippines on a Balikbayan Privilege, which will give you one year entry into the Philippines. And then after 6 months of staying in Philippines you can file for DCF at the US Embassy in Manila, process takes a few weeks to get approval versus the one year wait for the CR1.

 

Thanks for the suggestion - do you know if I have to be continuously in the Philippines for 6 months? Or if I could register and then leave (to my job in Myanmar) and then return? 

 

On 9/9/2018 at 7:13 PM, Chris Duffy said:

Do you want to live in USA in the future or stay living abroad?

 

Plan for now is to continue living abroad. The CR1 is supposed to be for those who would like to live in the U.S., hence the request for the visitor visa... 

 

On 9/10/2018 at 4:13 AM, Jorgedig said:

So you're not actually legally married yet?

Getting married in November - hoping to visit my family in December. 

 

 

Thanks for the responses - it has confirmed what I thought... it's going to be difficult to get the visa, but I will try. 

 

On 9/10/2018 at 8:47 PM, Daniela M_______ said:

Even by a 2 year contract, that would be considered legal residence, under "temporary or permanent" but still legal.

If they view it that way it would be great!

 

I went to the consular here in Yangon last month to get something notarized for the wedding, so maybe he will remember me and recognize the truth behind our intent. 

 

Wish me luck!

[Daniela M_______ 409]

On 10/7/2018 at 9:38 AM, SurferCat said:

If they view it that way it would be great!

I applied from Mexico for a tourist visa, I'm not mexican, I have a valid temporary mexican residence due to a work contract. I can renew that residence every year until the 4 year when I become a permanent residence, under this status I'm considered under legal residence.

 

At the moment I applied I had just met the 1 year in Mexico, sadly I was denied by lack of proof that I was returning from US (I don't have much here, my family is not here, not married, fiance is at the US, no assets). They won't care if you are returning to your home country or to your residence country but you have to show proof that you have something important to return to.