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Thread: Observations please... US Consulate

  1. #41
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    Quote Originally Posted by JDJones View Post
    Our situation (a decades long term American resident living and working in the DR with a legally married Dominican wife) cannot be trusted to return?

    You're right, that is difficult to understand.
    Big age difference, married a short time, no children, and the house is not in both of your names. No surprise to me that you got turned down. That's exactly what I would have expected.

  2. #42
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    In most cases, in order for a US citizen to sponsor a spouse for a green card, you must have residence in the US or show conclusively that you intend to reside in the US. With the OP living and working in the DR for four decades, this could be very difficult, if not impossible, to do. Add in the age difference and the short time they've been married and you can expect an extremely intense interview.

  3. #43
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    Quote Originally Posted by cavok View Post
    In most cases, in order for a US citizen to sponsor a spouse for a green card, you must have residence in the US or show conclusively that you intend to reside in the US. With the OP living and working in the DR for four decades, this could be very difficult, if not impossible, to do. Add in the age difference and the short time they've been married and you can expect an extremely intense interview.
    I had no residence in the US and did not have to show that. I simply used my brothers address for any mail that needed to be sent. Just an address and no further information. I actually had to show that I resided in the DR in order to sponsor her from here. I agree that they should wait several years.

  4. #44
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    Quote Originally Posted by windeguy View Post
    I had no residence in the US and did not have to show that. I simply used my brothers address for any mail that needed to be sent. Just an address and no further information. I actually had to show that I resided in the DR in order to sponsor her from here. I agree that they should wait several years.
    Maybe they have changed things, or they just assumed that when you showed them the US address(?). If you can show you are a legal resident here in the DR you can do a DCF right here and it saves quite a bit of time. The DR is one of only a few countries where a DCF is available.

    Anyway, here is the rule direct from the USCIS site:

    Is Residence in the U.S. Required for the U.S. Sponsor?
    Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

  5. #45
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    Quote Originally Posted by peep2 View Post
    We make sure to get back to the U.S. in under 180 days since her last entry. I think that since you don't have to go through immigration in the U.S. when you leave the country that they don't keep track of how long she is actually in the U.S. If it does become a problem, we will go for the 10 yr visitor but in the mean time we will keep the door open for her to get her U.S. citizenship. Kind of like me becoming a D.R. citizen some day. In the mean time I just renew my residency with little or no hassle.
    We tried that, did not work. It was easy for them to verify the lack of time spent in the US. It is not frequent visits that they check, it is how much time spent in the US and they can certainly verify that. We were warned twice about it on entry to the US during those less than 180 trips.

  6. #46
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    Quote Originally Posted by windeguy View Post
    We tried that, did not work. It was easy for them to verify the lack of time spent in the US. It is not frequent visits that they check, it is how much time spent in the US and they can certainly verify that. We were warned twice about it on entry to the US during those less than 180 trips.
    And in my case, we may go for a week every two years or so at best.

  7. #47
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    Old I94's are online show entry and exit days. entry from customs, exit from airline manifests.

    Am going to have to fight this one as they missed my girls exit. but we saved the airline ticket stubs, and then there are the arrival custom stamp in DR. should not be a problem

  8. #48
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    Quote Originally Posted by cavok View Post
    Maybe they have changed things, or they just assumed that when you showed them the US address(?). If you can show you are a legal resident here in the DR you can do a DCF right here and it saves quite a bit of time. The DR is one of only a few countries where a DCF is available.

    Anyway, here is the rule direct from the USCIS site:

    Is Residence in the U.S. Required for the U.S. Sponsor?
    Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.
    I've missed something. DCF?

  9. #49
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    Quote Originally Posted by JDJones View Post
    I've missed something. DCF?
    I think, Direct Consular Filing. Not sure, but I recall reading about that a while back.

  10. #50
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    Quote Originally Posted by JDJones View Post
    She went back so soon because at the first interview, she was told she could reapply immediately. The interviewer told her there's no was no way to guarantee she would return.

    But, a reminder... We're talking about my wife who lives with me in the Dominican Republic. We want to get a VISA so we can go to the states for a week or so for her to meet the family.

    Lord knows when we will go back to the states again.

    I'm not some guy who lives in the states and wants a girl to come and visit me for a few days. Our circumstances are quite different.

    It's almost like the whole VISA process is not designed for our type of case.
    I understand that she's your wife, but what are her attachments to the country? From what you have posted, it seems that the only positive thing on her profile, as an applicant of a US tourist visa, is that she's married, and being married doesn't guarantee a visa.
    To get a tourist visa, you need to look good ON PAPER. It's like a package. We all have negative and positive points, and we need to show is that we have more positive points than negative ones, or that a few key positive ones are stronger.

    Also, she's been married for a short period of time, and to a US citizen, with a considerable age difference. To me, those would be red flags. What would stop her from staying in the US if she wanted to? She's not a minor whose parents are responsible for her.

    Your former wife got a visa in the early 2000's just because back then there was a different policy than now. Visa criteria often changes from time to time.

    I know someone who's married to a US citizen who got a US visa (both living here), but she does have kids and goes to college. So even though it's not that of a common situation, it's not impossible.
    I also know a Dominican woman whose husband is a US legal resident (He's Dominican). She's also got a US visa, but she has a good job here and their kids are here and go to school too.

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