Father killed, stuck in the US for probate, wife is Guatemalan

[jasonridesabike 0]

Hi everyone,

 

My wife and I live in Guatemala, I'm a US citizen, she's Guatemalan; we just married this year after about 5 years together.

 

Our original plan was to do a Direct Consular Filing when we planned on having kids (2-3 years from now). The situation changed when my father was killed as result of a hit and run accident this month (September). So now I'm here in the US and she's in Guatemala. We attempted a B1/B2 expedited emergency visa with a letter from the hospital social worker in hand, signed by my father's doctor saying that she is needed here immediately. In her visa interview this morning they didn't ask to see any paperwork, asking just 3 questions before refusing her visa and not giving her any chance to present the letter or even describe the situation.

 

I don't know for how long I'll have to be in the US and I could really use some help. Anyone know what course of action we should take or what our options are?

 

Thanks

[kris&me 572]

Depends on your plans?

Are you wanting to move back permanently to the US?

then, need to apply for CR1 /IR1

if returning to Guatemala,  nothing to do

 

BTW ,  if filing CR1, you will need to have the  tax returns done for the years there/   tax exempt is well over $100,000

[jasonridesabike 0]

6 minutes ago, kris&me said:

Depends on your plans?

Are you wanting to move back permanently to the US?

then, need to apply for CR1 /IR1

if returning to Guatemala,  nothing to do

 

BTW ,  if filing CR1, you will need to have the  tax returns done for the years there/   tax exempt is well over $100,000

The plan depends on what visas are possible. If at all possible the ideal situation would be to bring her to the US and then go back to Guatemala together. I could be here up to 18 months and that's a long time to go without one's spouse especially under this kind of stress.

If that's not possible, maybe we modify our plans and make the move sooner than initially intended.

The point of either is that we're together and to understand our visa options and the implications they will have on our ability to live in one country or the other and travel between the two. What are the mid term travel implications of a CR1/IR1 visa? Is it not possible to get some kind of temporary visa given the circumstances?

 

Regarding tax returns, I have filed taxes for every year that I was required to do so. A few years early on I was under earnings requirement but have been working remotely as a software engineer for the last 5 and have returns filed for every one of those years.

Edited October 1, 2019 by jasonridesabike
clarify question

[designguy 1,179]

3 minutes ago, jasonridesabike said:

The plan depends on what visas are possible. If at all possible the ideal situation would be to bring her to the US and then go back to Guatemala together. I could be here up to 18 months and that's a long time to go without one's spouse especially under this kind of stress.

If that's not possible, maybe we modify our plans and make the move sooner than initially intended.

The point of either is that we're together and to understand our visa options and the implications they will have on our ability to live in one country or the other and travel between the two.

WIth her B2 denied already and a US spouse, it's very unlikely she will be issued a visitor visa in the short term. Because you have returned to the US its unlikely that you would be eligible for a DCF. So it looks like the chance of her coming to the US in the next year is pretty slim. If you plan on being in the us permanently you should begin the spousal visa ASAP

[Boiler 43,434]

IR1 would be over a year and with intent to Immigrate, why do you have to stay for 18 months? Could you not do most of this remotely with the odd trip if needed?

Edited October 1, 2019 by Boiler

[Boiler 43,434]

Maybe not relevant but I was intrigued as to why she was needed in the US immediately. Just could not think why the Doctor would say that.

[jasonridesabike 0]

2 minutes ago, Boiler said:

Maybe not relevant but I was intrigued as to why she was needed in the US immediately. Just could not think why the Doctor would say that.

Because I'm alone in this and need the support, was living out of the hospital with my dying father for a month, and now am staring down a year of legal nightmare. Helps to have one's spouse.

 

Hospital social worker wrote it, doc signed it.

Edited October 1, 2019 by jasonridesabike

[designguy 1,179]

3 minutes ago, jasonridesabike said:

Because I'm alone in this and need the support, was living out of the hospital with my dying father for a month, and now am staring down a year of legal nightmare. Helps to have one's spouse.

If thats the case, wouldn't it be your doctor (like a therapist) that would make the recommendation?

 

Also if anything you may be able request an expedite for the immigrant visa. You have your wife come live with you on a B2 is a no go and they would not approve it let alone approve an expedite

Edited October 1, 2019 by designguy

[jasonridesabike 0]

9 minutes ago, designguy said:

If thats the case, wouldn't it be your doctor (like a therapist) that would make the recommendation?

I don't know what to tell you other than what happened and what I have.

 

He is her family also, social workers at hospitals apparently regularly write this kind of letter if a family member of a foreign person is gravely ill. Signed by doc to confirm patient status.

Edited October 1, 2019 by jasonridesabike

[Boiler 43,434]

Just now, jasonridesabike said:

I don't know what to tell you other than what happened and what I have.

Like I say I do not see that it is relevant, but I really do not think it made any difference to the interview result.

[designguy 1,179]

4 minutes ago, jasonridesabike said:

I don't know what to tell you other than what happened and what I have.

Your options are pretty clear cut:

 

Short term: Try and make frequent visits back to Guatemala (or another country) to spend time together. If possible, have other family tend to the legal case, or if you have any trusted friends who can be a power of attorney for things so you can return to Guatemala.

 

Long term: If you plan to be permanently in the US, petition for your wife on a spousal visa. You can make a request for expediting then to try and speed that process up (In my opinion a letter from your personal doctor will carry more weight than from your doctor's but your reasoning is a long shot.

[SusieQQQ 11,584]

Unfortunately there is no tourist or spouse based visa designed for a longer than 6 month but not permanent move. Something to allow her to move over for 18 months just doesn’t exist. (Well j visa, but that’s an entirely different visa not relevant to the.) it’s a tough situation but they can’t make a non-existent visa for her.

i’m not entirely understanding why you cannot leave the US for a year though. Surely if it takes that long there will be long periods of time where nothing much happens?

 

 

Edited October 1, 2019 by SusieQQQ

[carmel34 3,531]

First, I'm so sorry about your father's passing.  That is always a very difficult thing to deal with and given the circumstances of his death it must be overwhelming for you in so many ways.  My deepest sympathies for your loss and all the best with the grieving process, especially while you are living apart from your wife and you need as much moral support as you can get.  Hopefully you have family or friends in the US who can support you.

 

Based on your original post and your replies, it sounds like your best path forward, if you want to live permanently together in the US as soon as possible, is to file an I-130 petition for an IR-1 visa for your wife.  There's nothing fast with US immigration, the entire process can take more than a year if all goes well.  You can file the petition now and start the clock ticking.  It's a long wait and those of us who have been through it know the pain of being apart from our spouses while US immigration takes its sweet time.  My husband and I lived apart for two years and were just recently reunited permanently after his CR-1 visa was approved.

 

Since your wife was denied a tourist visa and has clear immigration intent (US citizen husband), it is unlikely that she will ever get a tourist visa to visit you temporarily in the US.  A tourist visa is for short visits, not to live in the US.  But you can go back to her country to spend time with her while the IR-1 process runs its course.

 

Unfortunately you really don't have many other options, other than returning to Guatemala as soon as you can to live together again.  Then when you're ready to move to the US together, file an I-130 petition for an IR-1 visa for your wife about 18 months before you plan to make the move.

 

All the best, and good luck!

Edited October 1, 2019 by carmel34

[mizzem 144]

I just wanted to say I’m so sorry to hear about your father..😔

[Nat&Amy 623]

Truly sorry for your loss. Not that long ago my wife lost her mother while we were abroad and yes, your world turns upside down and plans change dramatically. 

 

Unfortunately, as others have said, there are not visa options to choose from in this case. The whole probate process is long, tiring and stressful, and whereas it is true that it might go on for 18 months or even longer (21 months, in our case), there are very few occasions in which your presence will be required after the first 2 or 3 months. I am obviously assuming you will be hiring a lawyer to help you.

 

Because I am unsure as to whether you have siblings or other relatives to help you, the only recommendations I can give you to prevent a long separation from your wife is: 1) file her petition for spousal Visa as soon as possible. This is the only visa option now that the visitor Visa has been denied. You must be overwhelmed with the latest events, but get someone to help you if that's the case. There might be a chance to expedite things with USCIS but step one needs to be taken now. 2) talk to your lawyer about what parts of the process will require your physical presence and start planning your return to Guatemala as soon as possible to wait for the spousal Visa with your wife, if that is the case. 

 

Best of luck to you and your family.

Edited October 2, 2019 by Nat&Amy