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SPUSMC

Tourist Visa for my Ukrainian wife

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Filed: K-1 Visa Country: Wales
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You need to both you and her are settled overseas and that you will be only visiting the US.

“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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Filed: Citizen (apr) Country: Ukraine
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1 hour ago, SPUSMC said:

So to show her bank records showing her income and show her documents that she owns an apartment. I also recently shipped my car out here from the states. Do you think showing them that will help as well?

If she is employed, she will need to show her financial records which she gets from her employer's financial department.  If she is self employed, she will need to show her quarterly reports that she provides to the tax authorities.  Bank records won't verify her income, it needs to be documentation that's reported to the tax authorities.  Worst case is she is denied again.  She can bring her documents for the apartment to the interview but there is no guarantee that it will even be looked at.  Not sure your car shipped there will help any.  It is all based on her merits alone.

 

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Being married actually makes it worse. In their eyes, you could be secretly planning to move back to the US and using a tourist visa to get her to come with you, skip the marriage visa process, and overstay. Basically her job now is to prove she won't do when she is at her interview. It will be up to the person sitting in that interview as to whether or not they decide to believe her story. No one can predict that. Bring as much evidence as possible. 

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I never took financial records to a tourist visa interview. I always had a letter from my employer stating my position, how long I’d been with the company, my salary, and that I had been granted vacation from x to y dates and would return thereafter. If you need proof you can afford the holiday, latest bank statement is fine. This is not sponsoring a family member for a green card where you need to show ongoing income.

 

as I said earlier I do think that evidence of you, the husband, being a permanent resident in Ukraine, working etc there helps as it is one way to show that as a couple your ties are to the Ukraine, not the US. Seeing as the concern about a spouse of USC is all about wanting to stay and live in the US,so this is one of the rare circumstances that I believe It is not just about the applicant, as it usually would be.

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Filed: Citizen (apr) Country: Ukraine
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54 minutes ago, SusieQQQ said:

I never took financial records to a tourist visa interview. I always had a letter from my employer stating my position, how long I’d been with the company, my salary, and that I had been granted vacation from x to y dates and would return thereafter. If you need proof you can afford the holiday, latest bank statement is fine. This is not sponsoring a family member for a green card where you need to show ongoing income.

 

as I said earlier I do think that evidence of you, the husband, being a permanent resident in Ukraine, working etc there helps as it is one way to show that as a couple your ties are to the Ukraine, not the US. Seeing as the concern about a spouse of USC is all about wanting to stay and live in the US,so this is one of the rare circumstances that I believe It is not just about the applicant, as it usually would be.

My comments were specific to getting a tourist visa for Ukrainian citizens as we have first hand knowledge.   We also know couples in Ukraine with similar circumstances...married, one a US citizen, both live in Ukraine, US citizen has permanent residency permit in Ukraine, own a house and car there, and  husband even has a business in Ukraine employing quite a few people, and the Ukrainian spouse still was denied a tourist visa.  

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Filed: Citizen (apr) Country: Hungary
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As stupid as it sounds you may have to go through the spousal visa process just to give the GC back officially, thereby proving the lack of immigrant intent.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: K-1 Visa Country: Mexico
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2 hours ago, EM_Vandaveer said:

As stupid as it sounds you may have to go through the spousal visa process just to give the GC back officially, thereby proving the lack of immigrant intent.

It does sounds stupid, specially because you do not spend the money and time on an immigrant visa just to travel for a holiday. If they do this and don't settle in the US, she will lose her GC anyways. So, not a good advice.

Edited by Daniela M_______
Typo

NOA 1 *NEW* USCIS website: March 01, 2018

RFE USCIS website: September 26, 2018

RFE Hard copy: October 01, 2018

RFE Response Sent:  October 10, 2018

RFE Received by USCIS:  October 16, 2018

NOA2!!!!! *NEW* USCIS website: November 2, 2018

NVC Received: November 14, 2018

NVC Case Number: November 29, 2018

NVC In Transit: December 11, 2018

NVC Ready: December 13, 2018

Medical: February 18, 2019

CAS (Biometrics): February 19, 2019

Interview: February 20, 2019 - APPROVED!

CEAC Issued: Februery 27, 2019

VOH: March 12, 2019

POE: March 23, 2019

Marriage: May 10, 2019

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Filed: Citizen (apr) Country: Hungary
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4 hours ago, Daniela M_______ said:

It does sounds stupid, specially because you do not spend the money and time on an immigrant visa just to travel for a holiday. If they do this and don't settle in the US, she will lose her GC anyways. So, not a good advice.

Actually, for many people in their circumstances, it's the only way of obtaining a tourist visa 

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Other Country: United Kingdom
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5 hours ago, Daniela M_______ said:

It does sounds stupid, specially because you do not spend the money and time on an immigrant visa just to travel for a holiday. If they do this and don't settle in the US, she will lose her GC anyways. So, not a good advice.

As stupid as it seems logically it is actually very good advice for those who have very little or no chance of being approved for a tourist visa.

As for losing the GC, that's the whole point. Most people are denied a tourist visa because of the presumption of immigrant intent. So when they get someone who has had a valid immigration path and then officially cancels it that helps to show that they don't intend to stay in the U.S.

 

It's a very lengthy and expensive process but for some people it's the only way they can show that they don't want to live in the States because they've been given a chance to live there and turned it down.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: K-1 Visa Country: Mexico
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16 minutes ago, MacUK said:

As stupid as it seems logically it is actually very good advice for those who have very little or no chance of being approved for a tourist visa.

As for losing the GC, that's the whole point. Most people are denied a tourist visa because of the presumption of immigrant intent. So when they get someone who has had a valid immigration path and then officially cancels it that helps to show that they don't intend to stay in the U.S.

 

It's a very lengthy and expensive process but for some people it's the only way they can show that they don't want to live in the States because they've been given a chance to live there and turned it down.

Going for a whole 14 months process just to show intent sounds illogical IMO... you are not supposed to use visas as a way around, they have one for each situation and purpose. I understand it might be the only (an extreme) way for some people, but I think she has at least one more shot to prepare well and show ties with her country before decide to go that way.

 

Could they do DCF instead and save 14 months? Just a thought.

Edited by Daniela M_______
Typo, as usual.

NOA 1 *NEW* USCIS website: March 01, 2018

RFE USCIS website: September 26, 2018

RFE Hard copy: October 01, 2018

RFE Response Sent:  October 10, 2018

RFE Received by USCIS:  October 16, 2018

NOA2!!!!! *NEW* USCIS website: November 2, 2018

NVC Received: November 14, 2018

NVC Case Number: November 29, 2018

NVC In Transit: December 11, 2018

NVC Ready: December 13, 2018

Medical: February 18, 2019

CAS (Biometrics): February 19, 2019

Interview: February 20, 2019 - APPROVED!

CEAC Issued: Februery 27, 2019

VOH: March 12, 2019

POE: March 23, 2019

Marriage: May 10, 2019

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Filed: K-1 Visa Country: Wales
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6 minutes ago, Daniela M_______ said:

Going for a whole 14 months process just to show intent sounds illogical IMO... you are not supposed to use visas as a way around, they have one for each situation and purpose. I understand it might be the only (an extreme) way for some people, but I think she has at least one more shot to prepare well and show ties with her country before decide to go that way.

 

Could they do DCF instead and save 14 months? Just a thought.

They are in the Ukraine.

“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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Surely the obvious and logical step is to first apply for a B2 before embarking on a convoluted, long and expensive journey to get a green card just give it back to prove that you don’t have immigrant intent...

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