gagews

Thanks. I am more concerned about guarantee that she will walk out of the Embassy with either a GC or tourist visa. If she goes into the Embassy and before signing to abandon GC, they approve visitor visa, that would be ideal. I don't want her to loose GC, then deny visitor. If they are unable to approve tourist visa, we will use the GC to make yearly vacation trips to the USA. I am guessing around 3 trips before GC is canceled by port authority.

Thanks. Since she is unable to receive visitor visa, using GC so that she can visit. However, not a permeant solution. I am hoping after a visit and returning to Ecuador she can bring card to Embassy and exchange it for visitor visa. It is that I don't want her to forfeit GC without guarantee that she will receive visitor visa. Because if not, she could be without both visas.

Thanks. Since she is unable to receive visitor visa, using GC so that she can visit. However, not a permeant solution. I am hoping after a visit and returning to Ecuador she can bring card to Embassy and exchange it for visitor visa. It is that I don't want her to forfeit GC without guarantee that she will receive visitor visa. Because if not, she could be without both visas.

Thanks for the reply. With the green card, she can travel to the USA for a few times on vacation, if between the 6-12 month period, then they will probably cancel her green card.

I believe she can abandon her green card and at the same time request a visitor visa at the US embassy in Ecuador?

My ecuadorian wife has problem with approval for visitor visa.

I recently submitted papers for green card, which should not have problems for approval.

Once approved will use visa for border pass to come to USA on vacation for her. However, would prefer visitor visa.

There is a process to abandon her green card. I don't want her to loose green card until after she receives visitor visa.

Is it possible?

I am going to exit from this thread, but wanted give my appreciation to everyone that took the time to reply to my post as the responses were very informative and provided me with the information I was looking for.

Cheers!

The problem is that the Consular Officer assumes your wife wants to immigrate to the US with you, hence the recommendation for a CR-1 Visa/Green Card.

As Belinda suggested earlier, in your situation it may be of considerable help to explain your ties to Ecuardor and lack of ties to the US. If you premanently reside in Ecuador without a residence/source of income in the US, then you may not even be eligible for the CR-1 anyway. i suspect the entirety of your situation isn't being made clear to the Consular Officer.

Do you have a residency visa/permit for Ecuador?

Unfortunately, I am unable to accompany her in the U.S. Embassy, because I could definetly explain the circumstances. That would be an excellent policy change for the Consulate offices, to allow spouses to accompany the applicant.. My wife is not a strong speaker, so I do think that is part of the issue, communicating to the consular officer effectively.

Yes, I have residency and an Ecuadorian Identification Card.

Pinpointing the problem with her being denied is like trying to figure out Googles search engine algorithm

Thanks!

. A question though, has she traveled to other countries which required a visa?

Thanks for the information. She has never traveled to another country or has any friends or family in the USA.

I setup a packet of documents for her with marriage certificate, copies of our identifications, registered vehicle, work certificate, property deeds, etc. and the U.S. Embassy did not even want to see the documents. They asked a few questions, then denied her. Again, was not allowed on the property, so everything is told to me second hand.

Like another poster suggested, I think that Ecuador is a country where a lot of people overstay their visas I know lots of people that have great jobs here in Ecuador and cannot get visas.

Personally, I think our marriage is a henderence for a tourist visa by the consulate. There viewpoint, is that yes you are married,, just bring her over on a Green Card.

I was in the same boat for a while. There are no visa categories for you. The US government assumes that everyone wants to live in the US when that is not the case. I remember thinking (when I was not ready to be engaged) how ridiculous it is for somone that lives overseas to have to apply for a marriage or fiance visa so that their significant other can visit for the holidays, and whose SO has no reason to immigrate. My fiance tried for a tourist visa and was denied.

Yes, thank you. It is refreshing to hear that someone else has experience in this as well. I have combed the internet and learned the main points of a tourist visa.

1. Reason for visit

2. How is visit financed

3. What ties will bring the person back to their country.

I practiced the points with her with dates, etc. Here in Ecuador, I went to the US Embassy with her and I was not even allowed on the property, so could not participate in the interview process.

The second Visa application, I payed a professional service to complete the ds-160 form so that it was 100 percent correct.

I think they should give someone a benefit, if they have been married in foreign country to USA citizen. Like you said, not everyone wants to migrate to the USA.

At this point, she is totally cut-off from any travel to the USA and if I move to the USA and work, she cannot even travel to visit me.

And yes you are married according to the universe. Married there is married anywhere

So, if I am married in the universe and I get divorced here in Ecuador, does that mean that I need to travel to the United States and go through a divorce proceedings? It is that I have never been married in the United States with her.

Yes, with the Ecuador marriage certificate, I could use for a Green Card.

Sorry, if I am somewhat strong with the marriage subject, it is that I was divorced in the USA and it was costly. It is that if I brought someone in on a Green Card, that I would like to have some type of prenuptual agreement. Although, it maybe a mute point because according to the universe, I am already married and that ship has passed.

Thanks for your help!

Your opinion is irrelevant in this regard; it is the Consular Officer's opinion that matters.

Green Card is not a marriage process. Many individuals obtain Green Cards through mechanisms other than marriage.

If you are legally married in Ecuador, then you are legally married in the US and most any other country as well. If you want a divorce, then you would need to obtain a divorce - doesn't really matter where you obtain a divorce - if you obtain a legal divorce in Ecuador, then it would be recognized in the US; same the other way around.

For a tourist visa, there is a presumption of intent to immigrate. She needs to overcome this presumption Her ties to Ecuador are paramount. Do you live full-time in Ecuador too? What are your ties to the US beyond a passport?

Yes, I live full time in Ecuador with limited trips to the United States. I have a business here, etc. United States, two kids, bank accounts, house, etc.

I cannot put my finger on what is the problem. The consulate is not going provide advice, just insufficient ties to Ecuador is the reason.. Like you said, it´s the consulate officers opinion and after two times of denal, not going to reapply for a couple years. And even then, dont really have any hopes that a tourist visa would be approved.

Thanks for your input.

You're already legally married in US and everywhere else, green card has absolutely no impact on it at all.

I could be mistaken, but I think that there has to be additional documents. If we are considered married and I died, she would have no way to enter into the USA or even get a green card, etc. She has no social security number, nothing.

Can I ask for her proof of ties to her country what does she show? You say you live there and have no intention to move to US. Did she document that show that she has a good job, husband the US citizen has good job house all that stuff.

She has to show STRONG ties to her country to get aproved. And as stated a green card is not for you. You have to live in the US more than live out so no.

Everything submitted well. She only makes like 600.00 a month, but that is pretty good for Ecuador. Strong ties with house and retnal, etc. I own a house in the USA and I know the embassy does not want people to go over on tourist visas and stay. But obviously, I could apply for a green card for her. It is like the government has an all or none policy. If you get a tourist visa, great. If not, only other option is to migrate someone that is well employed with strong ties to the USA and get a green card. She does not even know how to drive a car and speaks little english.

I agree Green Card is a lot right now, but in future, can go that route when she retires. I was considering filing for Green Card, then bringing her over on a k-3 visa, then returning to Ecuador and loosing the green card. It would be a ton of paperwork just for a visit.

If we had not married in Ecuador, I could have at least brought her over on a k-1 visa, then returned in the 90 day period without marriage.

Personally, I think if the governement does allow me to bring my wife for a visit to the USA, I am not married in the USA.

I am confused, because the eyes of the government will not allow her to travel to the USA, even with a tourist visa. She brought a certified marriage document - Ecuador, job information and we own a house in Ecuador. She has been working for the same company for 14 years and no criminal background, etc. to the U.S. Embassy.

If the government considers me married, they should at least allow my wife to visit my family in the USA and into the country with a tourist visa, in my opinion.

I am thinking when she retires in 15 years, that we could migrate to the USA using a Green Card. However, it appears that the Green Card is a marriage process in the USA? So, for example, if we split up in the USA, that I would have to go through divorce process?

Hello,

I am from the United States and live in Ecuador and have been married to an Ecuadorian here for 5 years. She has recently been denied twice for a tourist visa. The consulate is suggesting a Green Card route(Form I-130).

If I bring her over with a green card as a spouse, does that make us legally married in the United States?

It is that I don´t want to be legally married in the USA.

The situation is unfortunate because we dont want to migrate to the USA, just want to visit a few weeks of the year would nice.

Thanks.