wtomatoo1030

It's highly unusual for a married couple to not only not live together, but also to not see each other for 3 years. I don't think your chances are high for a tourist visa, but there is no harm in trying. Why aren't you ready to start the spousal visa process?

OH, because my husband currently doing time in the prison so it's the reason why dont live together. and, because he still cannot find me the sponsor, so it's why we cannot start the i-130 process!!

Keep in mind they feel every person with a tourist visa is an intending immigrant. They also feel your ties are stronger to your USC husband once you enter the USA therefore you have no reason to leave. To be granted a tourist visa you have to offset that thinking. You must prove beyond a doubt that you must return to your country. If there is any uncertianty about your return you will be denied. Keep in mind you could be denied entry at the POE even if you have a visa.

I know. i haven't seen him for 3 years, i want to try but i am not sure if they deny me again even if i have company leave letter...

Where does your husband live?

He lives in US

Hello, I got denied when I applied B2visa at last year. My husband is US citizen but we are not ready to apply I-130 now. Last year I brought all doc. to there except company letter (But I had employee contract). If this time I bring along with my company letter, state that I will return to work on (date). I want to know if it's a strong evidence to prove that I will not stay in US? wil they deny me again because my husband is an US citizen? Should I try again?

Find a sponsor.

we've been finding for 2 years, but still haven't found one, so it's why I want to go visit him via travel visa. It seems no hope..

you don't need the i864 to start the process, the i864 comes later. being married to a USC makes it more difficult to travel because you might stay.

I know, but i still need it after we file I-130. I do worry about US consulate and USCIS will deny immigrant visa, and now I am thining of travel visa, but it seems hard...does it mean I cannot to be with him forever???.... so frustrated

You need the I 864.

thanks, i know. and now i am thinking of travel visa, becasue we still cannot find the sponsor yet. just dont know what to do..

Nobody can help you in this situation except you show strong tie with your country. The fact you are married a USC doesn't qualify the requirement, because you already have immigrant intention. I-130 doesn't need sponsor.

Thanks for your quick response. What's USC?? You said USC doesn't qualify the requirement, you mean I can never get the travel visa?

I-130 does need sponsor. We all need to file I-864. Or my information is wrong/?

I married my husband 2 and half years ago, after the wedding I returned to Hong Kong. We're now having a hard time find a sponsor/joint sponsor. My travel visa was expired at last year but when I went to re-apply again in April 2011, they denied me for 214 (b). I brought all necessary documents, but I wonder if the reason why they denied is my husband's situation. He's currently locked up in the prison.

I want to go visit him so bad. At this time we cannot file I-130 because the sponsor problems. And I do want to try apply travel visa again, but I am so worried they will deny me again for the same reason. I don't know what to do now. Can anybody help me how to get the travel visa before my husband can file I-130?? Please!

It depends what he is in prison for. He may be able to petition you, but there are two problems:

- the affidavit of support

- proving a bonafide marriage when you cannot see eachother more than an hour a month, or whatever he is allowed.

Not many people understand our situation and our marriage, but it's OK . Yes, he found sponsors, I think we still will try. Thanks Penguin_ie!!

I want to know, does a incarcerated spouse need to be out of prison in order for the immigrant spouse to immigrate to the US? my husband is currently in the prison and he's a lifer. I don't know who or where I can get the answer....????

If he is in for capital punishment, you will still have hard time to get your CR1\PR1. First thing CO would want to know would be if this marriage is legit or just for the purpose of getting an entry into US.

Why would someone from foreign country get to married to someone who is in prison in US for a murder.

You guys will have to prove a lot that this was a legit relation.

thanks for your reply. i/we know that it'll be very hard. if i only want to stay in USA, i would not get married to a prisoner and a lifer. no matter what, we're always husband and wife, no matter where we live!

I have seen a person sponsored in a similar situation. There is a forum for spouses of inmates, forget the name.

But no getting round the co sponsor.

that

thanks for your reply....we got married inside the prison 2 years ago, but we still love each other very much. it spent almost 1 year to get maried in there, so i do have prepare that we'll face many problems, paper work , difficulties etc....

he called me last night and told me he found the sponsor. so it's a good news. but as i said, if finally he cannot get me there, i still love him that much!!

It is very unlikely that you will get a B2. Once your husband is released from prison, he can sponsor you for an immigrant visa. Until then, even if he were to find a co-sponsor, you would have a hard time convincing a consular officer why you would want to immigrate to the US, since you can't live with your husband anyway. Forgive me for being frank here, but your hole marriage is . . . um, a big red flag.

why i would want to immigrate to the US since I cannot live with him, because he's my husband. Even we cannot live togehter when he's locked up, but at least i am there near him, can go visit him often, not like this , i am in HK that far away from him.

Being in the prison is tough, i am his wife, it makes sense i want to be there .

My marriage is not a big red flag, of course it's harder than other couples, we need to face to many problems, many obstacle, but we'll get through this together, good times or bad times... Even if he cannot get me there, I still love him that much and will not leave him.

thank you all yoru advice , i do appreciate!!!!!!

No, it will have no effect.

It depends on the offense. USCIS will want to determine that there is no risk of harm to you, the beneficiary. Expect the file to receive scrutiny once it is filed. Furthermore, expect to be asked about it extensively in a interview in at the Consulate.

I agree with Penguin_ie; if he is incarcerated at the time of filing and/or when an interview takes place at the Consulate, you will have difficulty proving your marriage is legitimate.

he's committed a first degree murder and he's a lifer. i told the consular everything when i applied travel visa. we got married inside the prison, had minister and witness there. of course our marriage is real. i already know it'll be very hard, i just didn't relaize that they didn't approve my travel visa when we're not ready for I-130..

IMO, being married to a US Citizen or US green card holder is hurdle that is too high to clear when trying to overcome the presumption of immigrant intent. You can reapply but my opinion is the Consulate will not issue you a tourist visa, even with the evidence of ties you have.

Thank you for your reply. Now they turned down my travel visa application. Does it effect when my husband submits I-130 ? we 're still having hard time to find sponsor. So it means I cannot go to USA until he finds me one now.?! One day when we submit I-130, will they deny it because he's a prisoner? because of his crime?

What country are you from?

Can you produce any other ties other than the ones you already supplied?

Why can't your husband get a sponsor? A friend? Family member?

GOod luck

\\

I live in Hong Kong. my husband friends and family don't want to help us, or cannot help us, that's why...

i cannot produce other ties now. i showed him everything...but he still denied ..it's so sad!!

my husband lives in USA and he is currently incaratered ni the prison. because he cannot find me the sponsor so the only way i can go see him is apply travel visa. i did have one but it's expired. anyway, today i went to the consulate, showed them my employment letter, bank book, house proof etc and told him my family and the kids still live in HK, but finally he still denied my application!! it means i cannot see my husband again UNTIl one day he can get me there!!

does it mean, as long as he's my husband , the consulate will never issue me a travel visa? they will always think taht i will not return to the country that i live?!

he asked me lot of questions about us, his crime, sentences, where he is locked up etc..i even gave him the pic we took inside the prison. i am realy so sad they denied my applciation!!! and i dont know what to do now. who can help me...

There is nothing you can do other than keep looking for a US based sponsor.

The only other way would be if you had significant assets.

How did you marry? If it was by proxy, the marriage must be consumated before you can file.

Thanks for your reply. Yes, we will keep looking for a sponsor...

It was not by proxy, we married inside the prison, almost 1 year to do all the paper work. i wonder if any lawyer can help us??

thanks for quick replies...the questions magical asked..it's because he's currently locked up in the prison. That's why. He's a lifer and he cannot come to HK even one day he's released. He's been finding me the sponsor for 2 years. But still no luck. What can we do at thsi stage?

Hello, my husband and I got married in USA in year 2009, and we're still having a hard time to find a sponsor. I would like to know what if we cannot find a sponsor? Does it mean he will never get me there? He has no income, his family, friends don't help us. What can we do now??

I just want to know POA and Life insurance is a evidence of Bonafide marriage or not?? I only have marriage cert., letters, phone records, photos but no any assets, bank a/c or car with our both names! THx

thanks for all your replies, my husband is currently in the prison. He's a lifer and we got married in the prison at last year. So it's why we want to try apply fee waive.

ALso, I do have another question I asked before but I stil didn't get the answer yet...the question is.....at the top of right hand side (I-864), it has a number: OMB No. 1615-0075; Expires 10/31/10, does it mean this form only valid until 10/13/10? After that date, I cannot submit this form???

the i864A is only if he lives in the same house. if not he has to fill another i864. Your husband would mark that he is the sponsor on his i864 and his friend would mark I am the only joint sponsor on his i864.

the i864A is a contract between the sponsor and a household member.

Thanks, how about the Q. 3?

Also, at the top of right hand side (I-864), it has a number: OMB No. 1615-0075; Expires 10/31/10, does it mean this form only valid until 10/13/10? After that date, I cannot submit this form???

Hello, I do have several questions about I-864 form.

My husband's income in not enough to support me, so he found me his friend to be my sponsor too. Is it correct that:

1. My husband fills out I-864 form?

2. His friend fills out I-864A form?

3. His friend's family/friend uses I-864A form??

And, can we apply fee waive when file I-130 form??

Hello,we plan to submit the I-130, but my husband has no income, so he found his friend as my sponsor. In this case, should they (my husband and his friend) need to file I-864 or I-864A??

Also, can he apply the fee waive when file I-130??