How do i apply for emergency spouse visa?

[SteveInBostonI130 3,319]

There are those here who do not know about the broader EO that restricts immigration and non-immigration visas from certain countries.  This EO was signed in 2017,  and updated twice, in 2018 and 2020.  It is not related to Covid-19.  

 

No immigration visas can be issued to Nigerian citizens.  At all.  No spouse, fiance, other immediate family, diversity, etc.  The only way the OP can be with his spouse is for her to go to Nigeria, unless he qualifies for "Special Immigrants whose eligibility is based on having provided assistance to the United States Government"

 

It is a bit tedious reading the 3 Proclamations to get a summary of the affected countries, but wikipedia has a table with current statuses (scroll down about 1/2 way):

 

https://en.wikipedia.org/wiki/Executive_Order_13780#:~:text=Executive Order 13780%2C titled Protecting,Trump on March 6%2C 2017.&text=This executive order—sometimes called,issued on January 27%2C 2017.

 

[Just Paul 4,591]

2 minutes ago, SteveInBostonI130 said:

No immigration visas can be issued to Nigerian citizens.  At all.  No spouse, fiance, other immediate family, diversity, etc.  The only way the OP can be with his spouse is for her to go to Nigeria, unless he qualifies for "Special Immigrants whose eligibility is based on having provided assistance to the United States Government"

 

This is the waiver most often recommended by the CO:

3(c)(iv)

The foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry during the suspension period would cause undue hardship.

[SteveInBostonI130 3,319]

Thank you for the correction.  I left out the possibility of a non-immigration visa as a valid option for the OP.    Nigerians are not banned from getting non-immigration visas.

 

[Calicolom 265]

6 hours ago, April M said:

Obviously the surgery is priority and them being together is also a priority. The two are just as important. It is a human right for husband and wife to be together. I don't think people understand that. Help is exactly what we all ask and the people that can help sit on the case. Not an option right now is not true. It's a matter of doing the paper work. That's all that stands in the way of a simple human right as a married couple. Spouses are given the right to reunite with their spouse in the US it is all about doing the processing. That's it. 

Wishful thinking, human rights, has nothing to do with human rights. 

[JeanneAdil 6,220]

6 hours ago, April M said:

Obviously the surgery is priority and them being together is also a priority. The two are just as important. It is a human right for husband and wife to be together. I don't think people understand that. Help is exactly what we all ask and the people that can help sit on the case. Not an option right now is not true. It's a matter of doing the paper work. That's all that stands in the way of a simple human right as a married couple. Spouses are given the right to reunite with their spouse in the US it is all about doing the processing. That's it. 

sorry,  as i do know what you go thru (check out my timeline) 

but immigration does not enforce human rights (and/or any violations)

they are in charge of immigration rules and the laws governing them 

and the implementation of granting a visa is in  the control of the embassies with that being said,  at this time the embassies are only doing emergency services for USC's (problems involving lost passposts or a USC getting back home-and they have arranged for many USC's to get planes back here since the covid 19 issues)

[JFH 12,189]

1 hour ago, Paul & Mary said:

 

This is the waiver most often recommended by the CO:

3(c)(iv)

The foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry during the suspension period would cause undue hardship.

I think only a small handful have been successful with that, even from the first bunch of countries that were banned in January 2017. The bar, it appears, is set very high. The same exists in the UK for those who are banned (such as my husband) but ours was thrown out before it even got started with the argument “British spouse should move to the USA if they want to be together”. 

[JeanneAdil 6,220]

19 hours ago, Davie92 said:

This is almost my case with my wife...it seems that they are deliberately keeping couples with good intentions apart..

 

It's depressing.

It would be great if "good intentions" which would mean reading someone's heart and mind was possible

but when reading posts here both immigrants and petitioners are often under the wrong impression of what life would be like when they lived together

and this has been seen by immigration personal who get letters saying "i want to send my husband /wife home"  or by divorce lawyers who are informed by an immigrant that they are abused and used as a servant.

Immigration rules/ laws are for protection of the USA and both immigrant and beneficary and the process is long (long enough for USCIS to see and to have proved to them that relationships are not just for a visa or to get a servant or any other reason other than you want the other person to be a lifetime partner.

[April M 28]

1 hour ago, JeanneAdil said:

sorry,  as i do know what you go thru (check out my timeline) 

but immigration does not enforce human rights (and/or any violations)

they are in charge of immigration rules and the laws governing them 

and the implementation of granting a visa is in  the control of the embassies with that being said,  at this time the embassies are only doing emergency services for USC's (problems involving lost passposts or a USC getting back home-and they have arranged for many USC's to get planes back here since the covid 19 issues)

There has been fiance visas given out since the covid started. They have not been many and emergency visas as well. So that statement is not true. 

[April M 28]

2 hours ago, Calicolom said:

Wishful thinking, human rights, has nothing to do with human rights. 

Why do you think spouse visa is in there, it is recognized as excepted. You can focus on the words human rights if you want but look at what they recognize. And to deny there is a reason always. 

[April M 28]

3 hours ago, Luckycuds said:

I’m going to assume you aren’t that educated on the universal declaration of human rights because there isn’t a right for for husband and wife to be together in the US. It’s funny no one ever wants to move abroad to the spouses country yet argue there is a right to be together..I can see an easy fix.

No one said anything about living abroad being a problem. In fact if I had the choice it would not be a problem for me. But our circumstances are a humanitarian Aid issue. You are making the point that judgment can be made very easy without the knowledge needed to make the right decision. 

[April M 28]

3 hours ago, JeanneAdil said:

Same with us  / now married over 10 years but 5 of those to get the visa

and we were ready to move also and had checked it out and bought a house and now a brother in law lives in it 

it was a struggle before this virus and now is even harder 

all i can say is Much patience is needed

and i am so sorry for those of you going thru this but if you applied in beginning of 2020 ,  your journey has just started and it was taking 12 to 14 months before the covid 19     

and sorry to say Immigration doesn't care you are apart,  not important to the rules and laws they have to follow/  they don't care that pregnant women do this alone -  not because the officers are not human but they must follow their instructions and training and baring your personal life and finances to anyone one and having them decide your future is the most difficult part of this 

but each and every rule/ law was made because someone abused the system and now we all have to abide 

good luck to you all and God /  Allah bless you and keep you safe

Very sensible and kind comment. It is exactly like that. And done because of that very reason. Very good comment. Thank you.

[geowrian 22,336]

On 6/19/2020 at 9:32 PM, April M said:

My husband and I were living together and they would not let him go with me when I had to be evacuated even though we paid to get a Visa they still denied.

Nobody pays to get a visa. Well, not legally at least. They pay a fee to apply and determine eligibility for the visa.

 

15 hours ago, April M said:

It's sitting on the desk or should I say computer waiting. Their is no reason for denial. That is the point. 

How do you know it's just sitting on a desk/computer? It could very well be pending results from other parties (such as background checks or an investigation).

 

15 hours ago, April M said:

It is a human right for husband and wife to be together. I don't think people understand that.

It is not a right recognized by the US government, and they are the ones for which a visa is being requested.

[pushbrk 12,144]

17 hours ago, April M said:

Obviously the surgery is priority and them being together is also a priority. The two are just as important. It is a human right for husband and wife to be together. I don't think people understand that. Help is exactly what we all ask and the people that can help sit on the case. Not an option right now is not true. It's a matter of doing the paper work. That's all that stands in the way of a simple human right as a married couple. Spouses are given the right to reunite with their spouse in the US it is all about doing the processing. That's it. 

With regard to "simple human rights..." it is you who lacks understanding.  Don't confuse desire with a right.  NOBODY has a "right" to immigrate to the US.  It is a privilege with actual requirements and a process to follow.  Sounds like you and your husband were already together.  Unless you were forcibly removed from each other, it sounds like circumstances prompted you to make a decision to leave the place you were together.  He has no "right" to enter the US, without going through a visa process, where a decision is made about eligibility under US law.

[SalishSea 16,814]

4 minutes ago, pushbrk said:

With regard to "simple human rights..." it is you who lacks understanding.  Don't confuse desire with a right.  NOBODY has a "right" to immigrate to the US.  It is a privilege with actual requirements and a process to follow.  Sounds like you and your husband were already together.  Unless you were forcibly removed from each other, it sounds like circumstances prompted you to make a decision to leave the place you were together.  He has no "right" to enter the US, without going through a visa process, where a decision is made about eligibility under US law.

Just to add:  the only "right" that pertains here is the right of a USC to petition an alien spouse for an immigrant visa.  

[JeanneAdil 6,220]

On 6/20/2020 at 5:08 PM, April M said:

There has been fiance visas given out since the covid started. They have not been many and emergency visas as well. So that statement is not true. 

In Australia but please open the site and read paragraph 3 as to what this admistration thinks when he talks about immigrants from Africa

trying only to help as my husband is from Africa (Morocco) and our visa took us 6 years