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I am from Nigeria and my wife is a US Citizen. We both live and work in Qatar for over four years now. But we got married [wedding] on "march,2018" here in Qatar. i have applied for a visitors visa so i can met my new families but was denied TWICE, On my last interview the officer suggested i apply for a spouse visa instead. I only want to be visiting i do not plan on staying in the US for now.. 

my Questions

1. Dose getting a spouse visa allows me to still live abroad or do i have to live in the US for a period of time ?

2. what documents do i need to get ready before starting the spouse visa application process? from me and my wife ?

 

Thanks for your help in advance.......

 

 

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  1. A spousal visa is an immigrant visa. As such, you would need to maintain permanent residency within the US or else it will become abandoned. Permanent residency generally includes spending more time within the US than outside of it. It's more complicated than that, but that's a very general guideline.
    1. If your plan is to visit, then a tourist visa is the way to do it. Unfortunately, unless there is a material change in the circumstances, he will continue to be denied.
    2. That said...option 2 would be to get a spousal visa, enter the US on that, then voluntarily abandon permanent residency once abroad again. No guarantees, but it does tend to show a favorable response for any future tourist visa application.
  2. Guide: https://www.visajourney.com/content/i130guide1

Note that a spousal visa is a 12-16 month process, and will cost over $1220 + medical.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Option 3 would be to immigrate to the US and live there until you become a US citizen. One can qualify after 3 years of being a permanent resident via being USC's spouse. Once you're a citizen, you can be abroad as long as you want. That said, both permanent resident and US citizens are taxed on worldwide income (although most to all of it can be excluded from actually paying taxes on it in many cases).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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It is extremely difficult for a B1/B2 applicant to be approved when they are married to a USC. There is a very strong assumption made by CO's that the applicant will want to stay in the US and live there, which is not the purpose of a B1/B2.

 

You've applied twice for a B1/B2 in a short period of time? That also can be viewed as desperation to get to the US. They assume immigrant intent here. If you want to live in the US and move there, apply for a CR1/IR1. If you have no intention to live in the US with your spouse, don't bother. But keep in mind it will be very difficult to get a B1/B2 in this situation.

 

If the goal is to have the family members meet, you might need to consider a backup plan, such as having them visit you or meeting in a 3rd country.


03639.png                  

 🇷🇺  ♥  CR-1 via DCF in Moscow (2016-2017) 🇺🇸  Read about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Embassy
29-Dec-2016: I-130 approved! Yay! 🎊

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – middle name is cut off 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

??-???-2019: TBA...

 

 

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CR1/IR1 AKA spousal visa is basically applying for US greencard to be a permanent resident in the US. I look at this way- with a visitor's visa (B1/B2) you have to proof to the CO that you do not an immigrant intent without fraud but with Spousal visa (CR1/IR1) you have to proof an immigrant intent without fraud. The CO officer refused you B1/B2 visa twice because you didn't convince them enough that you do not have an immigrant intent. Another way to put it, the CO thinks you have an immigrant intent. That's why they are advising you to try the spousal visa route. 

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