Could a Spouse Visa be obtained for couples who have no intent to immigrate to the US?

[coagulationfactor 2]

 

I made a post in the B2 visa section explaining my situation in a little more depth. 

Basically it boils down to this:

 

I'm a US citizen  but I live abroad permanently and have no intention of moving to the US. My girlfriend is  aThai Citizen and she doesn't want to reside in the US either. We've been together for 6 years and plan on getting married soon. She applied for a B2 with the purpose of visiting me and a few of my family members that live in the US but was denied (although her parents were approved). She has a good job, stable income, owns land/home and is educated. Even with all that and evidence of my own ties to my home (not the USA), the CO still considered her a risk.  

 

It doesn't seem like getting Married will help her get a B2, since they'll consider her ties to me (and thus, the US in their minds) are even stronger. We really would like to visit the US though, especially thinking about the future. I do still have family in the US, after all... 

 

Is there anyway for my future wife to get a spouse visa without us having to actually reside in the USA?     

   

[Duke & Marie 1,389]

Unfortunately B2 is based on her application alone.. getting married would make it harder to obtain a B2.. 

 

getting married and applying CR1 would complicate things.. plus given you have no intention on moving back to the US, you’d be denied due to domicile issues. 

 

other option is for your family to visit you or you all go meet in a third country 

Edited February 15, 2020 by Duke & Marie

[JulianaSteve 25]

 

Spouse visa is a IMMIGRANT VISA, for people who wants to LIVE here. So, if this is not your intention this visa is not for you. 

 

You can try B2 but like @Duke & Marie told you she needs to gets the visa by her own merits. 

 

She can try! Is just $160 dollars. 

 

Good luck 

 

 

Edited February 15, 2020 by JulianaSteve

[JFH 12,189]

It has been done before. It’s a very expensive, complicated route just to be able to visit. 

[LilyJ 1,258]

With no intent to actually live in the US, it would be a waste of ~$1k+, as the spousal visa is to actually live permanently in the US. Once she's been out of the US for longer than she's in the US in a 12 months period, she'll lose her green card, and then what? She will again have no basis to enter the US after that. A spousal visa is meant for living, not for visiting. IMO the $160 for trying again for a visitor visa is more worth it than spending over a grand on something that will quickly be lost due to lack of residency in the US, if you can even obtain it in the first place with the US citizen having no intent on reestablishing permanent US domicile. I would either try again for a visitor visa, bringing plenty of proof that neither she nor you intend to ever live in the US and have strong ties to her home country, or meet up to visit your family in a 3rd country, Canada maybe?

[NikLR 13,220]

1 hour ago, LilyJ said:

With no intent to actually live in the US, it would be a waste of ~$1k+, as the spousal visa is to actually live permanently in the US. Once she's been out of the US for longer than she's in the US in a 12 months period, she'll lose her green card, and then what? She will again have no basis to enter the US after that. A spousal visa is meant for living, not for visiting. IMO the $160 for trying again for a visitor visa is more worth it than spending over a grand on something that will quickly be lost due to lack of residency in the US, if you can even obtain it in the first place with the US citizen having no intent on reestablishing permanent US domicile. I would either try again for a visitor visa, bringing plenty of proof that neither she nor you intend to ever live in the US and have strong ties to her home country, or meet up to visit your family in a 3rd country, Canada maybe?

Sometimes having a green card and giving it up helps with future b2 applications by foreign spouses. 

The OP can certainly spend the money and time on this if they choose. 

But a 3rd country seems like a good option to try first.  Holiday in Mexico?

[coagulationfactor 2]

On 2/15/2020 at 1:15 PM, NikLR said:

Sometimes having a green card and giving it up helps with future b2 applications by foreign spouses. 

The OP can certainly spend the money and time on this if they choose. 

 

On 2/15/2020 at 1:20 AM, Duke & Marie said:

Unfortunately B2 is based on her application alone.. getting married would make it harder to obtain a B2.. 

This makes me curious... I know this is the CR1/IR1 section so I don't want to dip too much into K1 visa questions, but could using a K1 to only get married in the US and then returning to our home country abroad "help" her on future B2 applications? I can see how marriage would make a CO "iffy",  however wouldn't it make them consider my (being the future spouse) situation more? If I recall correctly, a DS160 does ask if you have a spouse and where that spouse resides.  I'm gonna look into this more...

 

On 2/15/2020 at 1:15 PM, NikLR said:

But a 3rd country seems like a good option to try first.  Holiday in Mexico?

   Switzerland in May! Next year will be Costa Rica. We're gonna wait a bit for the B2. Fill her passport up a bit more 

 

On 2/15/2020 at 1:55 AM, JulianaSteve said:

Spouse visa is a IMMIGRANT VISA, for people who wants to LIVE here. So, if this is not your intention this visa is not for you. 

You can try B2 but like @Duke & Marie told you she needs to gets the visa by her own merits. 

She can try! Is just $160 dollars. 

She'll try again someday. She know's what to expect now. 

 

Thank you to all who replied   

[Duke & Marie 1,389]

A k1 is for you to take your fiancé to the us to get married, live with you and adjust status.. it’s not a tourist visa..

 

again it’s not your intent to live in the us so the k1 visa isn’t suitable for your intended use. 

[Hank_ 9,173]

Yes, the K-1 visa would get you into the USA for 90 days, and you could get married during those 90 days.  There is nothing saying you have to complete AOS and continue to reside in the USA.  At the end of the 90 days you exit the USA again ...    taadaa.

Edited February 20, 2020 by Hank_

[pushbrk 12,113]

Whether K1 or CR1 visa is suitable for your ultimate intent is not relevant to qualifications.  Entering the US legally and then leaving is always a positive factor in future visa applications.  If you take the K1 or CR1 visa route, do so with eyes open to costs and all other considerations.  Clearly, for some, some fees and hassle are worth it for their loved ones to meet and get acquainted with family.  Certainly far less expensive than bringing the family to Thailand.

[NikLR 13,220]

7 hours ago, coagulationfactor said:

 

This makes me curious... I know this is the CR1/IR1 section so I don't want to dip too much into K1 visa questions, but could using a K1 to only get married in the US and then returning to our home country abroad "help" her on future B2 applications? I can see how marriage would make a CO "iffy",  however wouldn't it make them consider my (being the future spouse) situation more? If I recall correctly, a DS160 does ask if you have a spouse and where that spouse resides.  I'm gonna look into this more...

 

   Switzerland in May! Next year will be Costa Rica. We're gonna wait a bit for the B2. Fill her passport up a bit more 

 

She'll try again someday. She know's what to expect now. 

 

Thank you to all who replied   

You can do the K1 route. People have done it.  

Domicile and possibly sponsorship really will be your biggest hurdles with either. 

 

I understand that people seem annoyed at the fact youre looking at immigrant visas just for a visit, but as pushbrk stated, it's cheaper than flights for your whole family.  Its your money and time.  Who are we to tell you what to do with it?