
Halo Bule
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Halo Bule reacted to pushbrk in Here We Go Again
You will file your petition by mail or courier to an address in the US. SHE, will apply for a visa AFTER your petition is approved. YOU will "apply for" nothing at all. There is one route available to you to be together in the USA. One and only one.
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Halo Bule reacted to pushbrk in Here We Go Again
This is incorrect. Evidence of income is at or above 125% OF the poverty line. For example if the poverty line is 20, you need 25, not 45. 125% above 20 is 45. 125 OF 20 is 25. Using correct terminology and language is critical here.
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Halo Bule reacted to Just Paul in Here We Go Again
File the I-130 and you will have a year to get your finances in order before needing to submit the I-864. This will also give you time to find a joint sponsor. Time will always work against you in immigration, Laws, policies and rules change. Waits are getting longer.
Your wife can travel back and forth right away. She can't apply for US citizenship for at least 3 years so that won't interfere with any status in Indonesia. In fact she never has to become a US Citizen.
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Halo Bule reacted to Unlockable in Here We Go Again
This is NOT a new immigration visa. It is an amendment to an already existing law. It is to ensure that immigrants do not become public charges by using welfare and medicaid, etc. There is a huge ongoing thread discussing it now.
It is the ONLY route. you are married so the spousal visa is the visa for you.
Yes, and maybe even longer. It has taken that long for a while. You are simply finding that out now. Nothing in immigration is fast.
Nope. You have to apply in the US regardless. There is no DCF for Indonesia. So your petition has to be sent to the US if you are not living here.
https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices
This is one of the biggest misconceptions of people with foreign marriages. Many believe that if they marry in another country it is not counted if it is not registered in the US. Married is married. Your marriage doesn't simply dissolve just because you step foot in another country. You don't have to register your marriage in the US. You will simply send your marriage information with your case.
Up to you
And this is where the "public charge" that the new policy (notice I said "policy", not "new law" or "new visa") come into play. The new policy will look at how the petitioner would be able to financially provide for the incoming immigrant. They are cracking down as a measure to reduce people not being able to afford to support immigrants and using public benefits. So you would need to establish domicile in the US. You will need to show how you will support your wife after the transition. And this may be the most difficult part of your case. Because, yes, you case can be denied if you can not show that you are able to support her.
Don't know that.
Those are the same questions so I combined them. I can tell you this, VJ is a DIY forum. The vast majority of people here have done their cases themselves. So you my get a lot of answers telling you not to hire someone. But the decision is yours. Lawyers can be expensive. Nobody is immune to mistakes. We have seen both services and lawyers screw up people's cases. What ever decision you make, you will be doing the most work. It is you that have to give them the evidence (marriage and relationship, financial, family history, etc). They just put the evidence you give them together and send it off. But everything you need is located here to help you. https://www.visajourney.com/content/guides/
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Halo Bule reacted to Nitas_man in My Indo wife was denied twice for tourist visa
Oh yeah, my wife got rejected twice over there and she was working and owned a house. No ties were enough to overcome marriage to USC.
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Halo Bule reacted to SusieQQQ in My Indo wife was denied twice for tourist visa
You have to be resident/domiciled in the US to apply for a green card for your wife. According to you, you live in Indonesia and only visit the US a few months a year for seasonal work?
but yes theoretically if you have the time (12-14 months] and money to spend on it and the patience to gather all the evidence proving your marriage is genuine , and somehow show domicile in the US, maybe moving back properly before her visa interview, then getting a green card just to prove she doesn’t want it would probably work.
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Halo Bule got a reaction from geowrian in My Indo wife was denied twice for tourist visa
@geowrian yes I know the government is just doing their job.... just wishful thinking for my own situation.
I want to to thank everyone again who has contributed to my post whether it be a fact or opinion... good or bad .... it has helped me to get my head out of the fog and have a deeper understanding of what Path we should take. I will update this story on my website as well as here. I will also post my vlog on YouTube in a couple of days filming this event in case you want to put a face with this story. I’ll post a link to the video later.
thanks again !
Gerry & Veronica
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Halo Bule got a reaction from WeGuyGal in My Indo wife was denied twice for tourist visa
@geowrian yes I know the government is just doing their job.... just wishful thinking for my own situation.
I want to to thank everyone again who has contributed to my post whether it be a fact or opinion... good or bad .... it has helped me to get my head out of the fog and have a deeper understanding of what Path we should take. I will update this story on my website as well as here. I will also post my vlog on YouTube in a couple of days filming this event in case you want to put a face with this story. I’ll post a link to the video later.
thanks again !
Gerry & Veronica
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Halo Bule reacted to Crazy Cat in My Indo wife was denied twice for tourist visa
I am interested in seeing your vlog.....Thanks...
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Halo Bule reacted to JE57 in My Indo wife was denied twice for tourist visa
As for taxes... Absolutely something that needs to be considered.. I don't pay US taxes as I don't make enough to exceed the generous overseas income exemption (yet).. But that's because I have non--US income and have have legitimate residence overseas. I expect that he pays US taxes. So it doesn't specifically speak to domicile but if he's paying and not taking an exemption then I think that's further evidence of US domicile.
It is truly a shame how US Immigration works in regards to those of us who have lived outside the USA for years with our spouse and then potentially have to move back to the USA on short notice and have to leave family behind for 1 to 2 years. Used to be that DCF would make that easier but... Alas no more.
I absolutely positively always advise being 120% honest with the US Government. Any attempt to deceive the Gov. carries with it a HUGE risk.
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Halo Bule got a reaction from Crazy Cat in My Indo wife was denied twice for tourist visa
@geowrian yes I know the government is just doing their job.... just wishful thinking for my own situation.
I want to to thank everyone again who has contributed to my post whether it be a fact or opinion... good or bad .... it has helped me to get my head out of the fog and have a deeper understanding of what Path we should take. I will update this story on my website as well as here. I will also post my vlog on YouTube in a couple of days filming this event in case you want to put a face with this story. I’ll post a link to the video later.
thanks again !
Gerry & Veronica
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Halo Bule got a reaction from geowrian in My Indo wife was denied twice for tourist visa
So many people with dreams about moving to the USA ..... a lot decide to come right back.. right now the State of California has more people moving out then in!
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Halo Bule reacted to JE57 in My Indo wife was denied twice for tourist visa
"what you did was deliberately game the system to mislead them as to where your domicile was -it was neither your principal residence and where you planned to continue living, "
I can understand how what I said could be read to believe that. However, my circumstances was that I was returning from the a temporary assignment overseas with the probability of being able to be offered a position back in my overseas location but no guarantees. At the time of my return to the USA I had full employment in the USA and no residence abroad although likelyhood of being able to return.
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As far as advising people to circumvent immigration requirements... No... definately not my intent. In this process HONESTY is KING above all else. But in this case.. I do believe that what you posted does mean that the original poster may be able to meet the domicile requirement.. The OP is employed by a US organization and almost certainly pays US taxes and pays SS on US based income, also while the period of time spend overseas is likely greater than that of the time spend in the USA the nature of his time in Indonesia is likely truly temporary. The statements above are OR conditions no AND conditions so meeting anyone of the 3 would qualify for domicile in the USA. His wife if asked if she intends to remain in the USA should as always state the TRUTH. In fact, there is no reason that the OP on his petition couldn't include a written statement explaining exactly what he is hoping to accomplish. She is being denied a non-immigrant visa for having apparent Immigrant intent and there is no logical hope of that decision changing the only logical approach therefore in my mind is to proceed with the Immigrant visa application and then if she decides to return (very likely) then doing so should enable a B1.
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Downside? This adds another application to the QUEUE and potentially delays the processing for everyone else a little bit. But I fail to see how this would represent any fraud or circumvention of immigration requirements.
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Halo Bule reacted to JE57 in My Indo wife was denied twice for tourist visa
I believe (others can correct me if I'm wrong) that Domicile is not the same as Residence. So a person can have a US Domicile without actually residing there. Things like bank accounts, property etc can be used. Also I believe domicile check is at Interview time not before and it should be sufficient to show intent to establish domicile if not already domiciled in the USA. Much of what I've said above is based on my own experience although that was for a K-1 visa not spousal. My (now wife fiancee at the time) were living overseas and applied K-1 from abroad. They ultimately appoved her visa contingent on me showing intent to establish domicile. If the original poster got this far he should have no problem with the domicile questions as he has US based income, likely a US postal address, US bank account, and other ties to the USA that would likely satisfy the domicile question. In my case we went to the USA stayed less than 3 months, got married there and returned overseas. She then went for her 2nd tourist visa (was denied the first one) and was approved. They asked her why she had not stayed in the USA and she explained that I (the USC) lived and worked now overseas and then gave her the B2 without further questions. Over the years there have been similar posts about people giving up green cards and getting previously denied tourist Visas and while it wasn't a greencard in my case it did work for us. So yes, I agree with @SusieQQQ that the domicile question could be a 'challenge' but I think there are ways thru it because as I said I'm very sure that Domicile does not equal residence and Domicile is 'Easier' than Residence. It's also, in my opinion that they should be completely honest if asked about what they are doing. They don't want to get slapped with a mis-represent for going for a spousal without intent to stay in the USA. Although who's to say that they wouldn't get there on a spousal and she decides that she could make a much better living with her event planning business in the USA.. She'd have that option. Could be great choice! If they are open to it then it makes the whole application better. Certainly it seems immigration seems to think that is exactly what she's going to do.
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Halo Bule reacted to JE57 in My Indo wife was denied twice for tourist visa
I think your path to getting her a tourist Visa no longer involves her strong ties to Indonesia that has already proved to be a non-starter. The key then would be to turn her strong ties to you (her Husband) into a positive. How to do that. You move to Indonesia. She says on the next interview that you live with her in Indonesia more than 6 months of the year. (which is sounds like you do). You go back to the USA for some months to do your job that nets 100K plus in a short time. It is unlikely that any ties or future travel that she could accumulate will overcome the presumption that she will stay and adjust status once she gets to the USA. The current process for getting a spousal visa is 1 to 2 years and expensive and time consuming so the presumption is that it would be faster and easier for your wife to migrate with a tourist visa and then to adjust from that once she's in the USA.
So the other path you have is to file for the spousal visa... Enventually when she gets it use that, visit the USA , and then go back to Indonesia as planned and return the greencard and apply for a B2 at about the same time. Ideally submit the B2 application and then return the greencard. Proves she doesn't need the B2 to go but has desire to go with you occasionally
to visit. Others have done this with success but bear in mind it is at least a 1 year process.
Also, you may want to consider that if you are eligible for Social Security in the future that she will not be eligible for benefits on your earnings records even as your wife unless she has 'status' in the USA (A resident (green card) or citizen). After being married for 2 years she gets a 10 year greencard and more importantly is eligible for citizenship after 3 years if she has spend at 180+ days in the USA. Bigger picture kind of things to consider perhaps.
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Halo Bule reacted to SalishSea in My Indo wife was denied twice for tourist visa
There is no sponsoring of a tourist visa.
Prove what? Each subsequent application is adjudicated based on the totality of the applicant’s current situation. If they suspect she lied in an attempt to increase her odds of getting a tourist visa, then they suspect she lied. There really is nothing to refute and they certainly won’t modify any notes from that interview.
Their suspicion that she has immigrant intent now is Based on her most recent interview, not that first one.
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Halo Bule got a reaction from Cyberfx1024 in My Indo wife was denied twice for tourist visa
@calicolom thanks for clarifying that... in the back of my head I assumed trump had already changed some things for immigration but hasn’t .... Why would anyone ever think this? Thanks calicolom
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Halo Bule got a reaction from Crazy Cat in My Indo wife was denied twice for tourist visa
@arken thank you , I think they already knew we were traveling together and returning to Indonesia once finished visiting USA . I think I will try to figure out work here in Indonesia since I won’t be able to climb roofs forever. But yes it seems as though my original thinking was backwards. I now understand the consulates thinking. Thanks
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Halo Bule reacted to Boiler in My Indo wife was denied twice for tourist visa
She can apply as often as she likes, seems to have a weak case but nobody on here can say she will or will not at some point get a visa.
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Halo Bule reacted to Crazy Cat in My Indo wife was denied twice for tourist visa
1. They don't think your marriage is fake......they think she is likely to stay inside the US beyond her authorized stay.......
2. A spouse inside the US is a very strong tie....
3. Married couples normally seek to live together.
4. She can apply for a B2 as many times as she likes....but, unless her situation changes somehow, you can expect the same results.
5. No, she has no right to visit the US, married or not.
6. She can thank the thousands and thousands of people who abuse US law every year.
I don't intend to be insensitive, but that is the harsh truth about the situation. I wish you well.
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Halo Bule reacted to Dashinka in My Indo wife was denied twice for tourist visa
The simple answer here is no, she does not have that right by simply being married to a USC.
GCs are not meant to be multi-entry visas, so this would be a lot of money and you would have to show some form of domicile to the US at some point in the process.
Unless things have changed significantly from the past two applications as to the evidence presented, then another application is just a #######-shoot, but each subsequent consular officer will see the previous denials as well as any notes.
They don't automatically deny all foreigners married to USCs and they don't assume all marriages are fake, however they do generally assume that anyone applying for an NIV has immigration intent. Btw, you mentioned you wanted your wife to accompany you on a trip to the states, so wouldn't she be traveling with family?
Maybe more travel if possible to show more of a entry and exit history from other countries. I know it is tough, especially for a spouse working abroad not being able to come to the US for a visit. I had a similar situation, but at the time it was my fiancé, she tried twice to get a B2 and was denied both times primarily due to a US based fiancé (me), my parents were older and sadly both died before she was able to meet them in person, it sucks, but the history of abuse of B2s and other NIVs drives most of this.
Good Luck!
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Halo Bule reacted to aleful in My Indo wife was denied twice for tourist visa
hi
you are her strongest tie, as she stated, her daughter is 26 and can take care of herself, she can take care of the business and properties for her as well. the questions were about the daughter and the importance of her age, since she will inherit the business, she can take care of the business for her for now and then the business will be her own in the future. she is old enough to be in charge of everything she has, and administrate it while your wife comes to live with you in the US.
she can come here and adjust status, I don't believe they think it is fake, but that she can immigrate to the US because of you. This is most likely somewhat their thinking for the denials, travel more and wait for things to change before applying again
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Halo Bule reacted to SusieQQQ in My Indo wife was denied twice for tourist visa
First thoughts
- no, a visa is not a right
- the answer about what you do = job in the US. Big red flag for immigrant intent. If you were settled in & had a permanent job in Indonesia then the implication is different.