Observations please... US Consulate

[cavok]

From my own personal experience, that of friends, and stories I've read on the internet, the length of time married before applying for a tourist visa and whether or not the spouse was living here in the DR as a resident are major factors.

If you are married only a short time, not a DR resident, living out of the country, even part time, or frequently going out of the country after getting married, the chances of your spouse getting a tourist visa are nil.

 

[inet]

I went a completely different route with this pesky travel problem. My girlfriend got a visitors visa for Spain and after 2 years she became a citizen. Problem solved.
Of course that's not for everyone and I think it helped that we bought property there.

 

[peep2]

My wife was denied also even though we had a kid who was technically a U.S. citizen. I had my wife get a fiancee visa. We got married in the U.S. and now my wife has an immigrant visa. It does require she make regular trips back to U.S. to keep her "green card" valid.

 

[cavok]

My wife was denied also even though we had a kid who was technically a U.S. citizen. I had my wife get a fiancee visa. We got married in the U.S. and now my wife has an immigrant visa. It does require she make regular trips back to U.S. to keep her "green card" valid.

If she was your wife, why/how did you get a fiancee visa?

 

[windeguy]

My wife was denied also even though we had a kid who was technically a U.S. citizen. I had my wife get a fiancee visa. We got married in the U.S. and now my wife has an immigrant visa. It does require she make regular trips back to U.S. to keep her "green card" valid.

"Regular" trips are probably not going to do it. They will probably catch up on that and pull her green card. If that happens, have her trade the green card for a 10 year visitor's visa.

 

[SKY]

A 10 year Visa is way better than a green card for someone living in the DR. You can just renew it when it expires.

 

[AlterEgo]

A 10 year Visa is way better than a green card for someone living in the DR. You can just renew it when it expires.

I agree, my brother-in-law and sister-in-law both turned in their green card for 10 year visas. The whole family has them, except for one nephew who has somehow held on to his permanent residency, despite living in SD. I'm sure his day will come though.

 

[bienamor]

A 10 year Visa is way better than a green card for someone living in the DR. You can just renew it when it expires.

waiting to see how this plays out you still have to apply for the new visa, you could be turned down on the renewal I think, is somewhat automatic I think but could happen.

 

[windeguy]

waiting to see how this plays out you still have to apply for the new visa, you could be turned down on the renewal I think, is somewhat automatic I think but could happen.

Denial could happen if you overstay. Otherwise, there is not much reason to deny renewals. After all, the ultimate reason for denial of US visas is that people will overstay.

 

[Aguaita29]

It doesn't really matter if you have a lot of money in the bank. You can be on CICLA, and still get a visa. A car is a nice perk, but it's not a critical element.

You talk about her having assets, but I don't see you mention her having a job. How about kids? Does she have many illegal relatives in the US?
For what you have posted, she doesn't seem to have a lot of ties. She owns a home......WITH HER MOTHER. So, easier to leave the home at her mother's care anyway.

Also, why did she come back so soon? That might seem like she's in a rush. I think people should wait at least a year, and come back with a better profile.

 

[Aguaita29]

waiting to see how this plays out you still have to apply for the new visa, you could be turned down on the renewal I think, is somewhat automatic I think but could happen.

Renewing is such a breeze. I did a couple of years ago, and all I had to do was go to the VAC, which lasted like 20 minutes. There's no consular interview, and no need for financial or work proof.
In the past, you had to loose half a day at the consulate and bring the same documents you did the first time.

 

[peep2]

"Regular" trips are probably not going to do it. They will probably catch up on that and pull her green card. If that happens, have her trade the green card for a 10 year visitor's visa.

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.

 

[ROLLOUT]

and I'll appreciate if comments about age difference or gold digging are avoided. However, if you can't help it, I'll understand.

As most of you know, I remarried last year. My wife is a devoutly Christian girl (the whole family is for that matter)

We did both the civil and religious ceremonies.

We went through the VISA process back in July, and she was rejected but told to apply again. She was told by the interviewer that she had no reason to return if she went to the states.

We applied again and she went for her second interview yesterday and was rejected again, and was told nothing has changed and to wait a little longer and apply again.

Both times, she told them in the interview that she is married to and lives with a U.S. Citizen who has lived on the island for 4 decades and is the manager of a Free Zone business. She owns a house with her mother in La Romana.

She (we) have sufficient money in the bank. She has a car. She told them we only want to go to the states for a family reunion so she can meet everyone.

Seems like a slam dunk, right? Anything but.

Of course they don't tell you why.

Here are some possible mitigating circumstances.

I was married to a Dominican previously and she received a visa back in 2000 after 2 months of marriage.

We had an age difference of 28 yrs, and were divorced in 2010.

My current partner and I have an age difference of 32 years and we were married in Dec of last year.

Would anyone like to suggest what may be holding her back?

I would ask what type of visa you are applying for, spousal, or visitor? If spousal, there should be no concern about her returning to the DR. Sounds like Visitor visa to me, and there could be any number of reasons.

 

[keepcoming]

Too many prolonged absences will affect her ability to qualify for citizenship. Yes they do keep track, trust me..been there done that. You can have residency for 15 years and still have a problem qualifying for US citizenship if there are too many absences, Doesn't matter 1 day or 180 days.

 

[cavok]

There was a big immigration crackdown on this back in February. Several dozen Dominicans that arrived on flights into NYC, MIA, and BOS were asked to relinquish their residency for having stayed out of the country for more than 180 days.

Dominicans are well known to abuse the terms of their residency. February was a warning. Next time, if you get caught you cold very well be considered to have abandoned your residency.

At a bare minimum, you could have a problem qualifying for citizenship and/or be denied a request for a 10 year visa. Being a US resident should be treated as the privilege it is.

 

[william webster]

US Immigration has been difficult for years and not just for Dominicans.

We are Canadians..
my family enjoyed US residency for years under the umbrella of my working visa (E-2).

The younger daughter lived in the US from the time she about 8-9 yrs old.
At college age, she successfully applied for the student visa which includes the college years and one further year to apply the knowledge in the workplace.
The intent is that the company will hire you.

This worked well for her in NYC - the company offered to hire her.

BUT - the company's lawyer returned her application saying she would never pass..
no work experience.

Catch-22 certainly.

The company shipped her to the UK to work, sje applied 11 months later and was granted an H1-B.

That was 10 yrs ago.
US Immigration is and has been difficult - even for a Canadian.

Good luck JD

 

[JD Jones]

It doesn't really matter if you have a lot of money in the bank. You can be on CICLA, and still get a visa. A car is a nice perk, but it's not a critical element.

You talk about her having assets, but I don't see you mention her having a job. How about kids? Does she have many illegal relatives in the US?
For what you have posted, she doesn't seem to have a lot of ties. She owns a home......WITH HER MOTHER. So, easier to leave the home at her mother's care anyway.

Also, why did she come back so soon? That might seem like she's in a rush. I think people should wait at least a year, and come back with a better profile.

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.

 

[windeguy]

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.

The visa process is designed so that your type of case will be denied. I am surprised that they told her the reason for denial is that she cannot prove she will return, but your situation, by default, is one that the interviewer will not trust she will return, hence the denial.

I know it is hard to understand, but I also went through the same thing as I described above. And others have chimed in that they got the same results in similar situations. No visa.

If you want to visit the US with her, get her a green card.

 

[JD Jones]

The visa process is designed so that your type of case will be denied. I am surprised that they told her the reason for denial is that she cannot prove she will return, but your situation, by default, is one that the interviewer will not trust she will return, hence the denial.

I know it is hard to understand, but I also went through the same thing as I described above. And others have chimed in that they got the same results in similar situations. No visa.

If you want to visit the US with her, get her a green card.

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.

 

[windeguy]

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?

Yes that is 100% correct

You're right, that is difficult to understand.

Yes, it was difficult to understand. Then I got her a green card which got turned into a tourist visa and I moved on from trying to understand to realizing how it works.