barry100

31 minutes ago, Dashinka said:

Good luck!  Unfortunately there are to many folks before that have taken advantage of a B2 visa and never left.  I don't think it is just from one specific location though, my now wife applied twice to get a B2 visa and was denied both times.  Our intent was to give her at least a brief view of the US and see if she wanted to actually come here before doing a K1.  We did not get the chance, but in a way, it made it more important for me to communicate what it was like here, and she is happy now. 

Yes, exactly, too many people that come on the B2 and stay. Thanks for sharing.

13 minutes ago, Crazy Cat said:

That will come with her US citizenship....not a day sooner.  By law, every person applying to enter the US as a visitor is already assumed to have immigrant intent.  In addition, EVERY visit is at the discretion of CBP when that visitor arrives at the border.   Marriage to a US citizen confers NO immigration rights....as you will see when you apply.  USCIS prints that in LARGE print on every document.

Without exceptional circumstances, you will apply stateside using this guide:

 

IR1 / CR1 Spouse Visa Step-by-Step Guide on Filing an I-130 for a US Spouse Visa - US Immigration & Visa Guides - VisaJourney

 

You will have to prove domicile or intent to re-domicile in the US.  Good luck.

 

Yep, and when the visitor is from south of the border the belief of intent to stay is magnified. At this point I would be happy if she could just meet my mother before she passes. WE have applied ofr a tourist visa but that is still a year out, and as yo say no guarantee of entry. Thanks for providing the link.

3 minutes ago, Boiler said:

You do not have to be living on the US when you file.

Thank you, you have been very helpful. I have talked to immigration lawyers who have been less helpful!

On 2/21/2023 at 10:48 AM, Boiler said:

You file through the lockbox, you will need to show US domicile and meet the I 864 requirements but nothing else you have mentioned suggests an issue.

5 minutes ago, Boiler said:

You have the right to petition your wife to immigrate to the US, you do of course need to meet the requirements,

 

On current processing times I would start the process about 2 years before you want to move.

 

She can of course apply for a Tourist Visa bit that is a different issue.

Thank you. I need to revisit the requirements, but I always thought I had to be living in the US when I filed. I do not have a home in the US although I maintain a US address, phone and bank for business purposes.

Ok, thank you everyone, this has been helpful. I do not have any concrete plans for moving back to the US, but I would like to travel back and forth freely with my wife, and allow her the rights of being married to a US citizen. Right now we are waiting for her approval to get a tourist visa, but even then she can be denied  entry at the whim of any US immigration officer at the airport, so it is quite scary. I know Colombians with US spouses who have been denied entry. But as far as I can tell nothing can be done.

Ok, so all three of you are saying there has to be exceptional circumstances, although this quote from the Visa Journey article leads one to believe you can file if you are living overseas and have established residency :
"Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence. In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition."

So I am living in Colombia with a Colombian Spousal visa, and I have been here for a total of over three years and the spousal visa for two years. The above statement led me to believe I may be able to file at the US Embassy here, but it sounds like I am mistaken. The article also led me to believe that filing a DCF is the only way I can file if I am not living in the US. Is this correct? Thank you so much.

Hello all,

I am confused on getting the DCF started. I have been living in Colombia for three years and have been married to a Colombian for two years. According to the DCF article on Visa Journeys, I need to file the DCF here in Colombia at the US Embassy. However the Colombian US Embassy site has no information on filing a DCF or form I-130. Most of the links on the site about immigration send you back to USCIS. Any advice would be very much appreciated.