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coagulationfactor

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

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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?     

   

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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 by Duke & Marie

 

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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 by JulianaSteve

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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?


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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?


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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