Married for over 20 years haven’t seen each other in years.

[indhiraastacio 38]

This question is from a friend.

 

I’ve been married to my spouse for over 20 years.  I’m a US citizen.  When I petitioned for my spouse 20 years ago we got denied because the consul wasn’t convinced of our marriage since at the time we barely knew each other for a few months.  After our denial I got diagnosed with hiv and luckily I did not pass it on to my new wife.  When I told her the news of my diagnosis she was furious and accused me of promiscuity.  I did not know for how long I was walking around positive but I was 100% faithful to her from the moment I met plus I knew exactly whom gave it to me, an ex.  Anyway.  We haven’t seen each other since our denial.   Fast forward we kept in contact over the phone, and later on with technology developing we Skyped frequently. I’ve never stopped sending her money and through her family here in the us she always made sure someone was there to assist me when I fell ill.  She educated herself on my illness and regrets not allowing me to see her for so long.  Now as we are both approaching our 60’s we want to live together so that we can love and  care of each other In person.  I currently hold a full time job for many years and my health has been ok.  With all this said.  Can I re-petition for my wife without having to physically go abroad?

 

Thank you guys.  All opinions welcome.  Good, bad or indifferent.

Edited December 3, 2018 by indhiraastacio

[Cyberfx1024 7,978]

3 minutes ago, indhiraastacio said:

This question is from a friend.

 

I’ve been married to my spouse for over 20 years.  I’m a US citizen.  When I petitioned for my spouse 20 years ago we got denied because the consul wasn’t convinced of our marriage since at the time we barely knew each other for a few months.  After our denial I got diagnosed with hiv and luckily I did not pass it on to my new wife.  When I told her the news of my diagnosis she was furious and accused me of promiscuity.  I did not know for how long I was walking around positive but I was 100% faithful to her from the moment I met plus I knew exactly whom gave it to me, an ex.  Anyway.  Fast forward we kept in contact over the phone, and later on with technology developing we Skyped frequently. I’ve never stopped sending her money and through her family here in the us she always made sure someone was there to assist me when I fell ill.  She educated herself on my illness and regrets not allowing me to see her for so long.  Now as we are both approaching our 60’s we want to live together so that we can love and  care of each other In person.  I currently hold a full time job for many years and my health has been ok.  With all this said.  Can I re-petition for my wife without having to physically go abroad?

 

Thank you guys.  All opinions welcome.  Good, bad or indifferent.

So when was the last time you saw your spouse???? I would advise to make a few more trips to the DR before you even file for a IR1 at this point in time. 

[Ryan H 3,790]

Yes you can file a petition.  When the time comes for you spouse to interview at the Embassy, the lack of time spent together in-person is likely to be a very negative factor.

[Boiler 43,381]

You will have a year plus to make plenty of trips.

[Mar and Mur 7]

Hello,

I suggest that you file a motion to reopen or to reconsider. This procedure generally takes 90 to reach it final decision. You wife will then immigrate with the green card without the conditional residence as it had been more than 2 years you are married to each order.

Your HIV status is not a red flag, but the time you stood separated is strange. Could request more scrutiny.

I suggest that you hire an immigration attorney.

Good luck

 

 

[pushbrk 12,085]

5 hours ago, indhiraastacio said:

This question is from a friend.

 

I’ve been married to my spouse for over 20 years.  I’m a US citizen.  When I petitioned for my spouse 20 years ago we got denied because the consul wasn’t convinced of our marriage since at the time we barely knew each other for a few months.  After our denial I got diagnosed with hiv and luckily I did not pass it on to my new wife.  When I told her the news of my diagnosis she was furious and accused me of promiscuity.  I did not know for how long I was walking around positive but I was 100% faithful to her from the moment I met plus I knew exactly whom gave it to me, an ex.  Anyway.  We haven’t seen each other since our denial.   Fast forward we kept in contact over the phone, and later on with technology developing we Skyped frequently. I’ve never stopped sending her money and through her family here in the us she always made sure someone was there to assist me when I fell ill.  She educated herself on my illness and regrets not allowing me to see her for so long.  Now as we are both approaching our 60’s we want to live together so that we can love and  care of each other In person.  I currently hold a full time job for many years and my health has been ok.  With all this said.  Can I re-petition for my wife without having to physically go abroad?

 

Thank you guys.  All opinions welcome.  Good, bad or indifferent.

Filing a new petition is certainly doable and that is what I would advise, AFTER you go spend some time together in person.  It's time together in person that often makes the difference between visa approval and denial.  It's the strongest evidence of a bona fide relationship.  The lack of it is the strongest evidence against the relationship being bona fide.  Go see your wife.  When you are sure you are ready to proceed, file a new petition.

[aaron2020 11,651]

When was the last time you saw your wife?

 

What proof do you have that you two have a real relationship.

 

You can file for her.  Approval or denial will depend on the quality of the petition you file. 

If you file a petition with limited proof and not being physically together for a long time, then you will likely be denied.

 

It would be best to go visit your wife, develop proof of time spent together, and that you have a real relationship, then file these evidence to make a strong case.