marriage, now no tourist visa?

Hi,

I wanted to let you know I will be answering your question tomorrow. This past week was exhausting. You could run into issues on a non-immigrant visa (tourist B1).


Matt-

Thank you, I look forward to reading it! Please note that she will only stay one or two months max

Hi,

Okay. So my suggestion to you is to apply to correct way for the K-3 [Nonimmigrant Visa for a Spouse.] However, yes, you can have her travel on a B-2 tourist visa. The problem is with a tourist visa you will have to prove serious intent to return to the Philippines after your vacation is over. You won't be permitted in the visa interview with your wife so she will need to present documents, financial sponsorship, marriage certificate, proof of relationship with you and always the most difficult - proof that she will return. The K-3 process is a bit lengthy but odds increase dramatically with a few exceptions (listed below.)


If you decide on the K-3 visa, here are the steps:

First you must petition for your spouse. This is done via. Form I-129F. And can be downloaded HERE.

After you get approval from USCIS, the petition is then forwarded to the National Visa Center and the US Embassy / Consulate closest to where she lives - which in your case I believe is the US Embassy in Manila.

You and your spouse must then:

1) Complete Form DS-160: Your wife must complete Form DS-160 to apply for a K-3 visa. Go to ceac.state.gov to complete the DS-160. She must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview. Have a digital passport photo ready to electronically attach to the application.

2) Divorce or death certificate(s) of any previous spouse(s) for both you and your spouse.

3) Police certificates from your wife's present country of residence and all countries where she has lived for 6 months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)

4) Medical examination

5) Evidence of financial support (Form I-134, Affidavit of Support, may be requested)

6) Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements

7) Evidence of relationship with your wife (photos, letters, joint account statements, etc.)

8) Payment of fees

FULL DETAILS FOUND HERE: http://travel.state.gov/visa/immigrants … _2993.html

You should plan on the process taking 5-8 months. While it is highly unlikely she will not get a visa, just because she married a US Citizen does not guarantee her or entitle her to US residence or a visa.

If she ever violated immigration law in the United States (illegal entry, overstay, lying to a FO, etc.) or committed a felony in her country of residence and it shows on her police clearance letter you should anticipate problems and potentially start considering another vacation spot or meeting place. That is about the only thing that will prevent her from getting a visa other than answering YES on the DS-160 to the questions about being a communist, Nazi, rebel/terrorist group, etc.

If you want to pursue the B-2 option let me know and I can give you more information on that. The B-2 presents more issues at the US Port of Entry rather than during the visa interview in the embassy or consulate. CBP will 9 times out of 10 send her to secondary inspection and interview her and you. By definition during this process your wife will be 'detained' while checks and interviews are performed. This is usually a very uncomfortable process and offends a lot of people because they feel they are entitled to entry just because they are married to a US Citizen.

Good luck - questions, ask away.

Matt-