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Sponsoring spouse question

Sponsoring spouse question

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Old May 10th 2001, 12:05 am
  #1  
rararavis
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Hi, I am a US citizen. I got married overseas. I am planning to sponsor her. She is
also planning to apply for a visitor visa from the US consulate back there, so that
she can be with me here in US while I she files her petition here in US. Is that
going to cause any problem in sponsoring her, specially if her application for
visitor visa is rejected? Will appreciate your help.

Thanks
 
Old May 13th 2001, 10:25 pm
  #2  
Ed MacNeil
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Hi,

THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!

In all likelihood she will not be able to get a visitor's visa. The rationale is that
in order to be eligible for a non-immigrant visa such as a visitors visa a person
must not be an intending immigrant. Since she is married to a US citizen INS will
(correctly) assume her to be an intending immigrant.

The correct way to handle this is for you to submit form I-130 to the INS Service
Center serving your US residence address. When this petition is approved an overseas
consulate will issue her an immigrant visa. This whole process will probably take
about one year (more or less). For further information see the INS home page at
<http://www.ins.usdoj.gov/graphics/index.htm>. At this site you will also be able to
download INS forms.

Ed MacNeil Ancient Aviator North Hampton, NH USA

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Old May 14th 2001, 9:05 pm
  #3  
MoonRose13
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Dear Ed,

<< In all likelihood she will not be able to get a visitor's visa. The rationale is
that in order to be eligible for a non-immigrant visa such as a visitors visa a
person must not be an intending immigrant. Since she is married to a US citizen INS
will (correctly) assume her to be an intending immigrant. >>

This is very true! My husband and I know this from experience. Immigration at the
American Embassy at Singapore refused to issue my husband a tourist visa to visit the
United States. He had to complete the process for his PR Visa before he was permitted
to come to this country. It is interesting to know that now Singaporeans do not need
a visa to visit here for ninety days. I am still sure, though, that my husband would
have had to complete the process before entering the United States.

<< The correct way to handle this is for you to submit form I-130 to the INS Service
Center serving your US residence address. When this petition is approved an overseas
consulate will issue her an immigrant visa. This whole process willprobably take
about one year (more or less). >>

Yes, the I-30 is the correct way to go. But it takes a lot longer than one year. The
average wait is two years. It took us two-and-a-half years. We also know quite a few
others who went through the same process we did. It took them two years. American
immigration has something about waiting two years.

Love and Blessed Be, Theresa
 

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