On Non Immigrant Visas and the American Consulate's Bad Faith

[NotLurking]

macocael, I'm sorry to hear your spouse was refused a nonimmigrant visa but I'm not surprised. Can I assume that your spouse applied for a B1 or B2 nonimmigrant visa? If so, therein is the problem. Spouses of US citizens are considered "Immediate relatives" of a US citizen under INA 201(b)(2)(A)(i). Therefore, the alien spouse of a US citizen is afforded certain rights under INA not afforded other nonimmigrant visa applicants and the consular officers will usually reject nonimmigrant visa applications B1/B2 under these circumstances. The spouse of a US citizen is ALSO an immigrant! Spouses of US citizen wishing to enter the US should consider completing the US immigration process (file I-130 as mentioned by Musicqueen and also I-129F). I know this is not ideal to your situation but it might be the best way to proceed.

If you live in DR and do not wish to move to the US with your spouse in the future things can get a bit complicated.

Good luck,
NotLurking

[MikeFisher]

yeap Sky, good question,
but not only US embassy specific.
for a german visit in summer 2006 i started to contact the german embassy in st dgo about needed documentation/papers aso to bring my partners by that time 9 years old son with me, just him and me, without his father or mother, and of course the little one is dominican.
know what? i did not get the answers til today, i spent that vaca there alone. i contacted them by e-mails in german, spanish and english,i dropped countless phonecalls and til today i have no clue about "what would be needed" to do what i planned to do.
not that something got disapproved, i did not even get a chance to start a request to get something approved or disapproved.
reading in the papers about our embassy's big Fiestas aso always boils my blood, those big parties are paid by tax money of our homecountries, i still pay my taxes on house aso in germany, and what happen when you need them?
in that specific case, that a american citizen(or what ever country, would await that from other countries, too) is married to a foreign lady and want's to visit his own country with his wife and get's denied, that's the 100% opposite from what i name a free country with free people.
Mike

[windeguy]

Originally Posted by Musicqueen

I have one question...Why haven't you applied for a visa for your wife? You can fill out form I-130 and have her obtain a multiple entry visa...where she can then visit the US as many times as she wants...and you can also then file for Adjustment of Status and she would become a lawful legal resident and in 3 years obtain her US Citizenship...

The idea of getting residency (aka a Green Card) and then citizenship applies only if you plan on living in the US. While you could get residency and leave the country for periods of up to six months at a time without losing it, the residency visa will most likely not be renewed and you will certainly not be able to become a citizen later unless you spend sufficient time and prove you live in the US.

As pointed out by NotLurking, you have little other choice but to try that not so appropriate route of legal permanent residency since there isn't anything in between that I have found that will allow a spouse to enter the US. By the way, the process will take the better part of a year and is not simple.

[MikeFisher]

and that's the law/rule of a country who's citizens just need a huilty passport and to pay a $10.- tourist card at the airport to visit the islnad, even when not maried to a dominican. and they do not need to proof any bank account activities or such, we let even the poo spend their vacations over here.
Mike

[Tamborista]

Originally Posted by MikeFisher

and that's the law/rule of a country who's citizens just need a huilty passport and to pay a $10.- tourist card at the airport to visit the islnad, even when not maried to a dominican. and they do not need to proof any bank account activities or such, we let even the poo spend their vacations over here.
Mike

Mike:

I am sure you have no problem accepting Greenbacks to charter one of your boats for the day!

tambo'

[boca chica dave]

This is very unfortunate and yet it is the way they operate. Several years ago my wife applied for a tourist visa and was flatly denied. The next time I went with her, no questions asked to enter. The interviewer glanced at the papers, asked my wife a brief question or 2 and then asked me what I was after. Told him I was worried I might get sick, lose my time off from work and not be able to see each other. He gave her a tourist visa for one year and said they would monitor travel. She came here 3 times on the visa. When she went to renew I figured it would be a cake walk-- the interviewer told her - you are married and not living together no visa! I appealled it thru my congressman here. After 6-8 weeks I re'cd the response from the section chief in SD to my congressman's office. She cited all the tipical crap of not enough money, homes,good job etc. and standing by some directive or law. Not what my wife was told. I called my congressman's office and had a lenghtly chat. The guy that handled our case told me he was amazed that we ever got the 1st visa, that they never do that with married people and we were very lucky. HB probably has it right. These people have heard every story and lie there is and are fed up. There is no consistency. Tell you one thing and doc. the file with something else. Since 9-11 and homeland security they can do what they like. I originally checked with and old friend retired about a yr. from the state dept. then. He made some calls and ran into a wall. He said prior to 9-11 he could have made one phone call and all would have been done. It' a shame to be treated this way especially with the child. We are forced to do the wait, file for spousal visas or as some people have mentioned other forms and pay the loot. Please keep us informed. Maybe with all the NY congress folks harrassing them you'll get something. Good Luck!!

[MikeFisher]

Dave,
that sound's like your country kick'smhis people out because they get married to a dominican woman. and most of them are not that rich to show bank papers, so if you are not a rich american who can open big additional bank accounts you can not visit your homecountry with your wife and kids. maybe those laws are just made for the rich guy like so many laws are. what's the next step: loosing your born citizenship because you visited a country where moslems live?
i am not trying to offend, i am writing out my very own opinion, and the denying of a visa for the wife and the kids of a citizen can not be the law nor rule in immigrantion's behavior of a "free" country.
Tambo,
sorry, did not get your point what my business has to do with the discussion of the facts of the US immigrantion's handling of their citizens.
Mike

[SKY]

I will give anyone that wants to know a good tip for a Dominican to get a Visa from the lice at the US Embassy.

Instead of jumping through all the hoops, just get a Visa for another country, like Venezuela for example. Easy to get for a Dominican, no bank accounts necessary. Go to Venezuela and come back. Maybe one more country if you can afford it. Turks and Caicos is a cinch Visa. Anyway the imbeciles at the US Embassy look very carefully at your passport for other Visas. This is their top priority in granting a Visa to the US. That you visited another country and came back.