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.
- Thread starter JD Jones
- Start date
Observations please... US Consulate
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.
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.
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.
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.
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
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
I think, Direct Consular Filing. Not sure, but I recall reading about that a while back.
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.
There are a few people that get visas in JDJones' situation. VERY FEW. It encourages people in that situation to spend money and try again and again. The US loves that money.
Good answer La Profe!
Direct Consular Filing (DCF) is a process related to immigration to the United States whereby Form I-130 (Petition for Alien Relative), I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), or I-600 (Petition to Classify Orphan as an Immediate Relative), is filed with a United States embassy or consulate in another country rather than with the United States Citizenship and Immigration Services lockbox or service center facilities located within the US.
(You do have to be a legal resident in the DR to do this process in Santo Domingo.)
Not sure if this would work for US immigration, but I had a case of a British woman who wanted a British fiance visa for her Dominican husband to be. These are different from the US ones in that you have to marry within 6 months (as opposed to 90 days) and the Dominican husband has to return to the DR within those 6 months - married or not. You as the sponsor have to prove that the marriage is planned to take place.
He was denied several times as thought not enough ties to the DR. So she turned the table to focus on her, to say she was an upstanding member of the community and no way would she connive to break UK law by allowing her Dominican husband to overstay. It worked.
Maybe if you JDJones show that you are upstanding etc, and would not allow your wife to break the law and add that as additional information?
matilda
He was denied several times as thought not enough ties to the DR. So she turned the table to focus on her, to say she was an upstanding member of the community and no way would she connive to break UK law by allowing her Dominican husband to overstay. It worked.
Maybe if you JDJones show that you are upstanding etc, and would not allow your wife to break the law and add that as additional information?
matilda
jd just saying...maybe interviewer is looking at 32 yrs difference and saying no on biased reasons ..
I haven't discounted that. My first wife's interview was with a man(took about 30 seconds if that much) and both interviews with my new partner were women.
Could definitely be the "He's a dirty old man" syndrome on their part.
She's not even that interested in getting a VISA because she doesn't want me to think that's why she's with me. Maybe she's giving off negative vibes in the interviews..
JD, there is definite bias - against giving any spouse of a US citizen a tourist visa! The cards are stacked against you from the get go. From the second your wife walks into the interview she already has two strikes against her.
It's not easy for the spouse of a US citizen to get a tourist visa. Go online and Google it - you'll see for yourself. You'll find plenty of stories of spouses of US citizens who were denied a tourist visa.
It's not easy for the spouse of a US citizen to get a tourist visa. Go online and Google it - you'll see for yourself. You'll find plenty of stories of spouses of US citizens who were denied a tourist visa.
Not that I think that would work anyway, but there would be no way for him to even try that since he won't even be allowed inside the embassy, let alone attend the interview with her.
That little detail had completely slipped my mind with respect to applying for visitor's visas. The last few times I was at the embassy was for sponsoring my wife and then her daughter to the US for green cards where the sponsor is a part of the process. When it comes to the visitor's visa there is no "sponsor" and any connection to the US is a negative factor which is something spouses learn the hard way.