Spouse visa

[Anna S 0]

Hello,

 

I recently got married and want to apply for spouse visa for my husband , he lived in Congo  for 7 years. But the issue is , he lived there from 2019-2020 without any visa (illegally) his passport stamp has the date from 2020 but his visa was expired in 2019 from beginning. What should we do? he had work permit for few years and visitor visa until 2019. Also, I was told that they only issue manual visas in congo is it true? 

[powerpuff 6,725]

~ Moved from Bringing Family Members of US citizens to CR1/IR1 spousal visa forum ~

[Troy B 224]

Where is your husband currently (and is there there legally now)?   If he is in Congo, you should expect his interview at Kinshasa.  At a minimum he will need to a get a police report from Congo (for the NVC portion of the process).

[Anna S 0]

He is currently in India been living there since 2020 but on i-130a what address should we use when they ask for residence info from past 5 years ? Because in 2019-2020 whole year he lived in Congo as a illegal immigrant. 

 

[pushbrk 12,968]

2 hours ago, Anna S said:

He is currently in India been living there since 2020 but on i-130a what address should we use when they ask for residence info from past 5 years ? Because in 2019-2020 whole year he lived in Congo as a illegal immigrant. 

 

You tell the truth.

[pushbrk 12,968]

2 hours ago, Troy B said:

Where is your husband currently (and is there there legally now)?   If he is in Congo, you should expect his interview at Kinshasa.  At a minimum he will need to a get a police report from Congo (for the NVC portion of the process).

Being there legally as a visitor would not qualify him to interview there.  He would need a visa that allows him to live and work there.  Moot at this point because OP has indicated he is no longer in Congo.

[Anna S 0]

Moot? I'm confused sorry. He has a visa until 2019 only but then after he didn't so he lived there without any visa and came back to India in 2020. So in those last years should I just use address from there only?

[pushbrk 12,968]

3 minutes ago, Anna S said:

Moot? I'm confused sorry. He has a visa until 2019 only but then after he didn't so he lived there without any visa and came back to India in 2020. So in those last years should I just use address from there only?

What's "moot" is the issue of whether he could interview in Congo.

 

Complete the address history truthfully.  If he was living in Congo, then that's where he was living.  US Immigration doesn't care about his visa status in Congo, but they care a lot about forms being completed truthfully.

[Anna S 0]

Okay I will submit everything honestly just scared of being rejected because that's going to be a very huge issue but I will do that only. He is getting police verification from Congo too so hopefully that will help. Thank you so much for your help, really appreciate it. 

[pushbrk 12,968]

Just now, Anna S said:

Okay I will submit everything honestly just scared of being rejected because that's going to be a very huge issue but I will do that only. He is getting police verification from Congo too so hopefully that will help. Thank you so much for your help, really appreciate it. 

He is not getting "police verification".  He'll need a police report or whatever they call it in Congo.  You do not have to provide evidence of address history.  You just have to be honest.  That he was in Congo without a visa, is not any kind of an issue related to US Immigration.  As for the police report (a completely different subject) as long as there is no criminal record, that's the end of it.

 

Think about this for a moment.  If you are not indicating he was living in Congo when he was, you'll need to tell a lie instead.  Don't even consider such a thing.  Get that out of your head and never let it come back in.

[Anna S 0]

I won't and yes police report only showing he had no criminal record in congo. Understood, thanks again. ♥️

[Redro 4,611]

On 2/1/2022 at 6:48 AM, Anna S said:

Hello,

 

I recently got married and want to apply for spouse visa for my husband , he lived in Congo  for 7 years. But the issue is , he lived there from 2019-2020 without any visa (illegally) his passport stamp has the date from 2020 but his visa was expired in 2019 from beginning. What should we do? he had work permit for few years and visitor visa until 2019. Also, I was told that they only issue manual visas in congo is it true? 

I believe the US doesn't care about his overstay in another country as long as he did not commit any crimes. Several members have successfully petitioned partners with overstays in various countries without incident. 

Question did he live in The Democratic Republic of Congo (DRC) or Republic of the Congo? (two different countries, two different processes for obtaining police clearance certificates)  

 

 

 

Edited February 2, 2022 by Kor2USA

[Anna S 0]

I think he lived in Democratic republic of Congo either way this helps a lot, thanks a lot.