Jump to content
indhiraastacio

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

7 posts in this topic

Recommended Posts

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 by indhiraastacio

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites

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.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

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


“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.”

Share this post


Link to post
Share on other sites

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

 

 

Share this post


Link to post
Share on other sites
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.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

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.  

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×