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lovinglive

Any visa for spouse besides immigrant visa?

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1 hour ago, JeanneAdil said:
  1. Title says "any visa for spouse beside immigrant visa?
  2. then u say she is fiancee?

 

She is my fiancee now but we will get married soon.  After that the question is as described in my first post.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Biometrics appointment: August 11, 2022

EAD approved:  August 14, 2022

EAD returned to sender (USCIS):  August 31, 2022

EAD re-sent and delivered:  September 23, 2022

Approval of AOS:  October 11, 2022

Permanent Resident Status card received in the mail:  October 18, 2022

I-131 filed for Re-entry permit:  Nov 23, 2022

NOA1/I-797 for Re-entry permit:  Nov. 27, 2022

Submitted N-400 application for naturalization:  April 19, 2023

Naturalization interview:  July 31, 2023

Oath taking ceremony:  August 1, 2023

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9 hours ago, ROK2USA said:

Your numerous questions can be quite confusing. Recently, you inquired about birth certificates and translations from your partner's country as you were planning on adjusting...  

If you mention the country your partner is from... people will be able to advise you on the best course of action. 

 

I would also suggest you have a consult with a lawyer. As it appears your partner has overstayed their visa from one of your previous posts. 

So, realistically speaking- your option is "stay and adjust" or "leave before accruing 180 days of overstay and hope the tourist visa is still an option/ apply for the spousal visa and partner cannot visit until they receive said visa".

 

The US immigration system is unfortunately not the friendliest when it comes to the partner's of US citizens wanting to split their time between the US and another country. 

 

ETA: You and your child are always welcome to visit the US without your partner or your family and partner can meet in their home country/a third country. Not as fun~ but a possibility. 

Thanks, good answers.  And I think you are basically saying out loud what I already have started to conclude.

 

I was, and probably will still have to do the adjustment of status, but this post was my last ditch attempt to see if there is any visa that actually matches our situation better.  There are disadvantages to applying for a green card for your spouse as it requires long periods of residence, which may not be what we want to do given my profession.

 

My fiancee hasn't overstayed yet so it's still possible to depart before the I-94 expires.  

 

The US immigration system is unfortunately not the friendliest when it comes to the partner's of US citizens wanting to split their time between the US and another country. 

 

Yes, this is what I'm realizing and what the responses on this post seem to confirm.

 

You and your child are always welcome to visit the US without your partner or your family and partner can meet in their home country/a third country. Not as fun~ but a possibility.

 

If that is the only answer then it seems to be a gap in the US consular immigration system- couples that are married, even in the US, and have children together have to send their children separately?  Unfortunately some members of my family almost never travel so they won't go abroad to see us.   

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Biometrics appointment: August 11, 2022

EAD approved:  August 14, 2022

EAD returned to sender (USCIS):  August 31, 2022

EAD re-sent and delivered:  September 23, 2022

Approval of AOS:  October 11, 2022

Permanent Resident Status card received in the mail:  October 18, 2022

I-131 filed for Re-entry permit:  Nov 23, 2022

NOA1/I-797 for Re-entry permit:  Nov. 27, 2022

Submitted N-400 application for naturalization:  April 19, 2023

Naturalization interview:  July 31, 2023

Oath taking ceremony:  August 1, 2023

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13 minutes ago, lovinglive said:

You and your child are always welcome to visit the US without your partner or your family and partner can meet in their home country/a third country. Not as fun~ but a possibility.

 

If that is the only answer then it seems to be a gap in the US consular immigration system- couples that are married, even in the US, and have children together have to send their children separately?  Unfortunately some members of my family almost never travel so they won't go abroad to see us.   

 

If you're unhappy with the current state of affairs you can always reach out to your senator or get together with other USCs in a similar situation and campaign for another option. 

So many times I see people complain about a "spouse of USC not being allowed to visit"... if you feel strongly about the issue maybe you should take the matter into your own hands and campaign for a "spousal non-immigrant visa for USCs". This way your wife can visit the US without the government thinking she will attempt to overstay/adjust... 

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1 hour ago, ROK2USA said:

Problem with OP not identifying the country the foreign spouse comes from = people giving incorrect information for OP. 

They already know getting a B2 = 6 month max and having to apply every single time they want to enter the US (for their situation).

They also know every time they mention this issue people will assume the OP's partner is either from an ESTA country or regular B1/B2 (10 year validity) country. 

OP is obfuscating their situation so we can't give helpful advice. 

They need to be 100% honest.

They're currently in the US, the partner has overstayed (or is about to overstay/ close to 6 months in country), they were planning on adjusting status but have issues with birth certificates. 

They need to know the options available if they decide adjustment after overstay is no longer the path they wish to pursue. 

 

ETA: If OP wants their partner to stay in the US or have the option to visit the US without getting a GC this is probably lawyer territory... 

 

They already know getting a B2 = 6 month max and having to apply every single time they want to enter the US

 

Yes, my fiancee is one of the countries that gets a 6 month entry.  That seems clear enough.

 

people will assume the OP's partner is either from an ESTA country or regular B1/B2 (10 year validity) country. 

 

I don't know why people would assume this as it is clear that not all countries get 10 year validity.

 

My fiancee hasn't overstayed her visa so it's still an option to depart before the I-94 expires.  We don't have any problem with the birth certificate but just wanted to know if it needed to be an "official" translation.

 

My question is, if my fiancee still departs before I-94 expiration, is there any other visa that would allow a spouse to make regular, say, annual, visits to the US since we have children together and my parents and siblings would like to see their daughter in law and grandson.

 

Based on the replies I have gotten, it seems like there isn't any such visa- it's basically only B2 visa that is an option.

 

 

 

Edited by lovinglive
formatting

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Biometrics appointment: August 11, 2022

EAD approved:  August 14, 2022

EAD returned to sender (USCIS):  August 31, 2022

EAD re-sent and delivered:  September 23, 2022

Approval of AOS:  October 11, 2022

Permanent Resident Status card received in the mail:  October 18, 2022

I-131 filed for Re-entry permit:  Nov 23, 2022

NOA1/I-797 for Re-entry permit:  Nov. 27, 2022

Submitted N-400 application for naturalization:  April 19, 2023

Naturalization interview:  July 31, 2023

Oath taking ceremony:  August 1, 2023

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2 minutes ago, ROK2USA said:

If you're unhappy with the current state of affairs you can always reach out to your senator or get together with other USCs in a similar situation and campaign for another option. 

So many times I see people complain about a "spouse of USC not being allowed to visit"... if you feel strongly about the issue maybe you should take the matter into your own hands and campaign for a "spousal non-immigrant visa for USCs". This way your wife can visit the US without the government thinking she will attempt to overstay/adjust... 

Right, so it seems we are on the same page.  There is a gap in the system and the only option is lobbying for a legal change to the visas available.

 

So you are confirming, that according to your knowledge there is no such things as as "spousal non-immigrant visa for USCs"?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Biometrics appointment: August 11, 2022

EAD approved:  August 14, 2022

EAD returned to sender (USCIS):  August 31, 2022

EAD re-sent and delivered:  September 23, 2022

Approval of AOS:  October 11, 2022

Permanent Resident Status card received in the mail:  October 18, 2022

I-131 filed for Re-entry permit:  Nov 23, 2022

NOA1/I-797 for Re-entry permit:  Nov. 27, 2022

Submitted N-400 application for naturalization:  April 19, 2023

Naturalization interview:  July 31, 2023

Oath taking ceremony:  August 1, 2023

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11 minutes ago, lovinglive said:

 

They already know getting a B2 = 6 month max and having to apply every single time they want to enter the US

 

Yes, my fiancee is one of the countries that gets a 6 month entry.  That seems clear enough.

 

people will assume the OP's partner is either from an ESTA country or regular B1/B2 (10 year validity) country. 

 

I don't know why people would assume this as it is clear that not all countries get 10 year validity.

 

My fiancee hasn't overstayed her visa so it's still an option to depart before the I-94 expires.  We don't have any problem with the birth certificate but just wanted to know if it needed to be an "official" translation.

 

My question is, if my fiancee still departs before I-94 expiration, is there any other visa that would allow a spouse to make regular, say, annual, visits to the US since we have children together and my parents and siblings would like to see their daughter in law and grandson.

 

Based on the replies I have gotten, it seems like there isn't any such visa- it's basically only B2 visa that is an option.

 

 

 

Most B2s allow you to stay for 6 months. Some countries have 3 year validity, others I believe 5 but most have 10... people will assume you have a multiple entry visa unless you state your partner only ever receives a single/double entry visa. 

I'm aware of the one time entry visa only because a friend of mine received one (even though he is from a country that should be issued a 10 year multiple entry visa). 

You need to explain your actual situation otherwise people will assume ESTA or 10 year ME. 

8 minutes ago, lovinglive said:

Right, so it seems we are on the same page.  There is a gap in the system and the only option is lobbying for a legal change to the visas available.

 

So you are confirming, that according to your knowledge there is no such things as as "spousal non-immigrant visa for USCs"?

Yep. Your partner either applies for a green card or attempts to renew the tourist visa whenever they want to visit. 

You might not think it but your partner is extremely lucky as the majority of people I know (in relationships with USCs) only ever manage to travel to the US as an immigrant. 

Edited by ROK2USA
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If you're not in a hurry. Then have your spouse immigrate, live in the US until becoming a US citizen, then she can go back to her home country and visit the US as often as she pleases using a US passport with no visas required.

 

Otherwise no, theoretically you could use the K3 and drag out the AoS, but the K3 is functionally dead, and that plan wouldn't work for long anyways.

Edited by Kai G. Llewellyn

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Filed: Citizen (apr) Country: Argentina
Timeline
15 minutes ago, lovinglive said:

Based on the replies I have gotten, it seems like there isn't any such visa- it's basically only B2 visa that is an option.

Yes, unless you want to adjust, a B2 is the only option. And keep in mind that, even if it says she can stay for up to 6 months, she’s going to be up to the discretion of the CBP officer, since she’s got ties to the US. Meaning, the CBP officer could allow her to stay for even less.

I understand that nobody is forced to give you advice, but you make it really hard to help you throughout your posts. First, we told you not to delay sending your AOS, some of us were genuinely asking you to say why you’d be delaying your AOS with the hopes we’d explain you better the risks of doing so and your alternatives in your situation. Right now we’re doing the same with her country of origin. There could be people that successfully did what you want to do in their forum, or providing you with some other options. By not telling us the full story you’re depriving yourself of some key opportunities. Good luck whatever you decide.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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5 minutes ago, ROK2USA said:

Most B2s allow you to stay for 6 months. Some countries have 3 year validity, others I believe 5 but most have 10... people will assume you have a multiple entry visa unless you state your partner only ever receives a single/double entry visa. 

I'm aware of the one time entry visa only because a friend of mine received one (even though he is from a country that should be issued a 10 year multiple entry visa). 

You need to explain your actual situation otherwise people will assume ESTA or 10 year ME. 

Yep. Your partner either applies for a green card or attempts to renew the tourist visa whenever they want to visit. 

You might not think it but your partner is extremely lucky as the majority of people I know (in relationships with USCs) only ever manage to travel to the US as an immigrant. 

Yes actually it's the validity that matters.  In my fiancee's case (or her country's case) the validity period is very short (I think it's only three months) and the entry length is six months.  So in most cases it's effectively only possible to visit one time for six months, even if it's a double entry B2 visa. 

 

You might not think it but your partner is extremely lucky as the majority of people I know (in relationships with USCs) only ever manage to travel to the US as an immigrant. 

 

Thanks for the reminder- that makes me feel better.

 

And thanks for also confirming the options we have- you have answered the question I was trying to answer with this post!

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Biometrics appointment: August 11, 2022

EAD approved:  August 14, 2022

EAD returned to sender (USCIS):  August 31, 2022

EAD re-sent and delivered:  September 23, 2022

Approval of AOS:  October 11, 2022

Permanent Resident Status card received in the mail:  October 18, 2022

I-131 filed for Re-entry permit:  Nov 23, 2022

NOA1/I-797 for Re-entry permit:  Nov. 27, 2022

Submitted N-400 application for naturalization:  April 19, 2023

Naturalization interview:  July 31, 2023

Oath taking ceremony:  August 1, 2023

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14 minutes ago, Kai G. Llewellyn said:

If you're not in a hurry. Then have your spouse immigrate, live in the US until becoming a US citizen, then she can go back to her home country and visit the US as often as she pleases using a US passport with no visas required.

 

Otherwise no, theoretically you could use the K3 and drag out the AoS, but the K3 is functionally dead, and that plan wouldn't work for long anyways.

Ok, thank you for confirming that there really are only two options (B2 and AOS, or applying for another immigrant visa).   Appreciate your clear answer.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Biometrics appointment: August 11, 2022

EAD approved:  August 14, 2022

EAD returned to sender (USCIS):  August 31, 2022

EAD re-sent and delivered:  September 23, 2022

Approval of AOS:  October 11, 2022

Permanent Resident Status card received in the mail:  October 18, 2022

I-131 filed for Re-entry permit:  Nov 23, 2022

NOA1/I-797 for Re-entry permit:  Nov. 27, 2022

Submitted N-400 application for naturalization:  April 19, 2023

Naturalization interview:  July 31, 2023

Oath taking ceremony:  August 1, 2023

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Filed: Citizen (apr) Country: Argentina
Timeline
4 hours ago, African Zealot said:

Not correct. 

With all due respect, you’re the one that’s incorrect. I’m from Paula’s country, and I was issued a 10 year visa. So was my mom and aunt.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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9 minutes ago, Rocio0010 said:

Yes, unless you want to adjust, a B2 is the only option. And keep in mind that, even if it says she can stay for up to 6 months, she’s going to be up to the discretion of the CBP officer, since she’s got ties to the US. Meaning, the CBP officer could allow her to stay for even less.

I understand that nobody is forced to give you advice, but you make it really hard to help you throughout your posts. First, we told you not to delay sending your AOS, some of us were genuinely asking you to say why you’d be delaying your AOS with the hopes we’d explain you better the risks of doing so and your alternatives in your situation. Right now we’re doing the same with her country of origin. There could be people that successfully did what you want to do in their forum, or providing you with some other options. By not telling us the full story you’re depriving yourself of some key opportunities. Good luck whatever you decide.

Thank you for your reply and I can see that you are being helpful.  Thanks also for the reminder that 6 month entry isn't guaranteed, and could even be full denial of entry.

 

Regarding people's questions about delaying AOS- please do consider that sometimes people have legitimate reasons not to want to answer.  It may not be clear to others on the forum but sometimes there are reasons not to answer.  It's better if people can somehow accept that and not be offended. 

 

In this map,  link is there some difference between the countries that are colored red and orange, that there is a special visa available to people in some of those red countries and not in other red countries?  According to other answers, it doesn't seem like it.  My fiancee is not a refugee, not a victim of domestic violence...  Are there some country specific visas available?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I-130 filed online:  July 8, 2022
I-485, 765 and 131 filed:  July 12, 2022
NOA1/I-797 received:  July 22, 2022
Biometrics appointment scheduled:  July 23, 2022

Biometrics appointment: August 11, 2022

EAD approved:  August 14, 2022

EAD returned to sender (USCIS):  August 31, 2022

EAD re-sent and delivered:  September 23, 2022

Approval of AOS:  October 11, 2022

Permanent Resident Status card received in the mail:  October 18, 2022

I-131 filed for Re-entry permit:  Nov 23, 2022

NOA1/I-797 for Re-entry permit:  Nov. 27, 2022

Submitted N-400 application for naturalization:  April 19, 2023

Naturalization interview:  July 31, 2023

Oath taking ceremony:  August 1, 2023

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Filed: Citizen (apr) Country: Argentina
Timeline
5 minutes ago, lovinglive said:

that there is a special visa

No, it’s just a B1 B2. What varies is the validity of the visa itself. 

Maybe this will help me explain me better: @PaulaCJohnny and I are from Argentina, which is a green country. In my case, I got a 10 year validity visa. So did my mom and aunt. That means that we don’t need to apply for another visa if we want to visit more than once in those 10 years (well, they, because I’m already a resident). However, my understanding is that, even with a valid visa, they can still be denied based on the fact that they have a relative living here (for which they have to prove strong ties to Argentina). In your case that’s even harder because she’s your fiancé. 
Even if they let them in, CBP can decide to allow them to stay for a month and not the full 6 months.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: Citizen (apr) Country: Argentina
Timeline
3 minutes ago, Rocio0010 said:

No, it’s just a B1 B2. What varies is the validity of the visa itself. 

Maybe this will help me explain me better: @PaulaCJohnny and I are from Argentina, which is a green country. In my case, I got a 10 year validity visa. So did my mom and aunt. That means that we don’t need to apply for another visa if we want to visit more than once in those 10 years (well, they, because I’m already a resident). However, my understanding is that, even with a valid visa, they can still be denied based on the fact that they have a relative living here (for which they have to prove strong ties to Argentina). In your case that’s even harder because she’s your fiancé. 
Even if they let them in, CBP can decide to allow them to stay for a month and not the full 6 months.

They can also be denied for frequent visits too

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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3 hours ago, PaulaCJohnny said:
4 hours ago, African Zealot said:

Not correct. 

 

Also not correct.

What is not correct? If I’m your country 
I had a B1/B2 visa valid por 10 years.  
I share my experience, please doesn’t say something that you don’t know

My Philippino Step daughter got a 1 entry visa good for about 4 months, That was it. Her Sister got one that was good for 10 years. Nothing is standard. Case by case Basis.

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