QUESTION
Can we get a B1 visa for the spouse of a US citizen?
Asked on Aug 09th, 2012 on Immigration - California
More details to this question:
I'm a US citizen living in Colombia. Can my wife get a traveling visa to visit the US as a tourist?
10 ANSWERS
Maybe but only if she can sufficiently demonstrate that she has no intention of immigrating to the US and that you and she both live in Colombia. She has to bring a lot of evidence with her to the interview to overcome the immigrant intent presumption.
Answered on Sep 11th, 2012 at 2:45 PM
Yes, your wife can get a B-2 visa to come with you to the United States but, if your spouse intends to work in the U.S., you maybe questioned as to the legitimacy of the request for a visitor visa. One of the conditions of a visitor visa (B-2) is that you agree that you will not work in the US...just always be truthful.
If you wife intends to stay in the US to work, it would be best for you to file a family based visa petition on her behalf so that she can obtain employment authorization and her eventual residency lawfully.
As always, it best to seek legal guidance on this issues with an attorney with immigration experience. As a former ICE attorney, I have extensive experience with US immigration laws and could provide you with that needed guidance. Feel free to contact my offices.
Answered on Aug 15th, 2012 at 1:02 PM
It is possible, but you will need to overcome the presumption that she is trying to immigrate which might be hard given the fact she is married to a US citizen.
It might be better for her to apply for a K-1 visa or for Permanent Residency. You should contact an immigration attorney such as myself or another of your choice for further information.
Answered on Aug 15th, 2012 at 1:01 PM
Criminal Defense Attorney serving New York, NY
at
Law Offices of Nicklaus Misiti, PLLC
Update Your Profile
It will be very difficult because there will be a presumption she will remain in the U.S. Why don't you just file for her residency?
Answered on Aug 15th, 2012 at 1:01 PM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
Update Your Profile
If the consulate believes that she comes for pleasure only, yes.
Answered on Aug 15th, 2012 at 1:01 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Possibly. However, you will have to prove to the consulate that your spouse has not intent to immigrate to the U.S. at that time.
Answered on Aug 15th, 2012 at 1:01 PM
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
Update Your Profile
Hello: Very unlikely. *Consulate Processing* Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy.
If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year.
Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed.
Answered on Aug 15th, 2012 at 1:00 PM
Rebecca T White
Yes, you can, but it will require some preparation and planning. The first assumption is going to be that she may be an intending immigrant, and you will need to be very well prepared with documentation that she will be visiting and returning to Columbia. If I can be of further assistance please let me know.
Answered on Aug 15th, 2012 at 1:00 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
It is possible if she can prove to the consulate's satisfaction that she only intends to visit the US for a temporary period of time and that she will return to Colombia at the end of her authorized stay.
Answered on Aug 15th, 2012 at 12:59 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Possible but unlikely unless she has strong ties to a job in her home country.
Answered on Aug 15th, 2012 at 12:59 PM