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  • U.S. citizen marriage abroad ??

    thanks in advance for any information

    i currently live and work in venezuela, and i have a work visa to be here. i married a venezuelan and we have a child together, both within the past 12 months. it is my understanding that getting my childs "abroad" u.s. birth certificate and passport will not be dificult.

    my question is this: exactly which visa should i apply for, with regards to my spouse ?? we are not going back to the states to live anytime soon, i would like to merely visit for a few weeks when i get time from work. am i applying for a resident visa, even though we won't be moving to the u.s., or am i applying for a tourist visa ??

    let me tell you, that a co-worker who has been married over 2yrs to a venezuelan and has a child , applied for a tourist visa recently to take his wife to the states only for a 2week visit, and was denied and told by the embassy here that he should apply for a residency visa thru INS in the states due to the homeland act


    i don't want to apply for the "wrong" type, and be declined thus tainting our "record" -- i want to make sure that i apply for the correct one. in addition, this embassy in caracas seems to be very negative when it comes to tourist visas. i think it is a result of the economic/political problems here with regards to the president who is a Castro supporter.


    anyways, can someone tell me with regards to my specific situation, what type of visa i should apply for and whether i would get more "success" doing all of this direct thru the states (very difficult since i have very little free time), or whether or not the visa application would be the same here at the embassy ??



    thanks in advance

  • #2
    thanks in advance for any information

    i currently live and work in venezuela, and i have a work visa to be here. i married a venezuelan and we have a child together, both within the past 12 months. it is my understanding that getting my childs "abroad" u.s. birth certificate and passport will not be dificult.

    my question is this: exactly which visa should i apply for, with regards to my spouse ?? we are not going back to the states to live anytime soon, i would like to merely visit for a few weeks when i get time from work. am i applying for a resident visa, even though we won't be moving to the u.s., or am i applying for a tourist visa ??

    let me tell you, that a co-worker who has been married over 2yrs to a venezuelan and has a child , applied for a tourist visa recently to take his wife to the states only for a 2week visit, and was denied and told by the embassy here that he should apply for a residency visa thru INS in the states due to the homeland act


    i don't want to apply for the "wrong" type, and be declined thus tainting our "record" -- i want to make sure that i apply for the correct one. in addition, this embassy in caracas seems to be very negative when it comes to tourist visas. i think it is a result of the economic/political problems here with regards to the president who is a Castro supporter.


    anyways, can someone tell me with regards to my specific situation, what type of visa i should apply for and whether i would get more "success" doing all of this direct thru the states (very difficult since i have very little free time), or whether or not the visa application would be the same here at the embassy ??



    thanks in advance

    Comment


    • #3
      Unfortunately, it's unlikely that your wife will be able to obtain any kind of temporary visitor's visa to come to the US. BCIS and DOS presume that if someone is married to a USC, that person intends to be a permanent resident of the US. . . and if you have "immigrant" intent, you are not entitled to a temporary visa. You can attempt to show that the visit will be temporary, and evidence of long-term ties outside the US, but the consular staff are still going to be skeptical, and will probably deny a temporary visa.

      If you and your wife intend to move to the US at some point, you probably should get the ball rolling on an I-130 application for her. After she has the green card, if you pay US taxes and she physically comes to US soil at least once every year, she should be able to maintain the green card until you both move to the US permanently.

      Comment


      • #4
        Child born outside of United States of One Alien and one Citizen Parent at the time of birth:

        Sec.320(8U.S.C.1431)(a) A child born outside of the United States,one of whose parents at the time of childs birth was an alien and other parent is Citizen.
        This law was changed in November 14, 1986.Sec 301(g)INA;P.L.
        99-653,& P.L.100-525 Citizen parent physically present in US or possession 5years prior to the birth two of which after the age of 14.
        It used to be ten years to transmission requirement prior to 1986. citizen parent physically present in US or possession 10 years prior to chilhs birth five of which after the age 14.

        YOU CHILD SHOULD BE A CITIZEN.UNDER NOV.14, 1986,lAW.
        YOU SHOULD GO TO THE NEAREST US EMBASSY/CONSULATE AND COMPLETE CONSULAR REPORT OF BITH ABROAD FORM WITH YOUR MARRIAGE CERTIFICATE , YOUR US PASSPORT, YOUR HUSNABD/WIFE PASSPORT AT THE SAME TIME FILL OUT PASSPORT APPLICATION FORM WITH THREE PHOTOS 2"X2" THAT SHOULD TAKE CARE OF YOUR CHILDS ISSUE.
        I HOPE THIS WILL CLEAR ONE THING.

        Comment


        • #5
          For your spouse: It is better to file I-130, it will take about three to 4 month to get his visa abroad for a spouse of a US citizen.
          or you can keep this I-130 pending at the Emabssy/Consulate.
          Now (a) How long you plan to workabroard?
          (b) Is your spouse ready to move now?
          (c) will he get the job in US?
          (d) Will you have a job when you move to US?
          Consider this things before you get him a visa Visitor visa is out of question for spouse of a US Citizen.

          Comment


          • #6
            i will be working abroad for approx 4-5 years minimum

            at this point i have no intention of moving back to the states anytime soon, i merely want to vacation for the holidays


            thanks for the replys, seems that my situation is a very difficult one

            Comment


            • #7
              lawgal,

              if i go through the process of the green card for my spouse, what are the parameters ??


              how much time does she/we have to spend physically in the u.s. ??

              i pay my taxes every year as required by law even though i work abroad


              thanks

              Comment


              • #8
                J how are u.I live in Venezuela.My wife is Venezuelan,I have lived here for 23 years,my wife has a tourist visa and she doesnt have any problems with going to the states regularly,so what these people aare telling you is not exactly right.On the other hand we began the I-130 process for her permanent residence as we a re moving to the U S .The process a ctually quite simple the forms you will need are:I-130 Petition,G325 biographic data(4 each,although when turning these in to the Embassy the willonly ask for 1 each)ds 169(checlist),DS-230 part 1 and part 2),and I 864affadavit of support,you can dowload these from the internet,they are also fillable on line(visapro.com).Please do get you last 3 years taxes you will need that.You can do what another poster told you,get her permanent residence and go back and forth to the US to maintain it.Venezuela has DCF (direct consular filing)since u r a resident this can apply to you,you dont needto go to the States an process.And NO a visitor visa is not out of the quetion for the spouse of a US citizen(I say again my wife has one and has had it since weve been married 17 years).
                If I can be of any help my email is alirioparra@cantv.net.
                PS a friend of mine filed the I130 petition las week and it was approved on the spot.

                Comment


                • #9
                  One other thing,register your child at the U S embassy they wiil get their papers immediately ,both passport and consular report of birth abroad,shouldnt be a problem.It wasnt for with our 2 children(the passport wil take about 3 weeks)
                  regards AAP

                  Comment


                  • #10
                    Indeed your child is a US Citizen but you need to take the steps to report the birth to the US Embassy along with an official certified copy of the birth certificate. Once you follow the established procedure....your child gets a US Passport.

                    I agree you should file an I-130 but DO NOT PROCESS it through BCIS in the US if at all possible. Contact the nearest US consulate or US Embassy and inquire if you can do a Direct COnsular Filing. If you can....in 1/4 the time it would take someone living in the US to do by filing at a regional service center. Your wife gets a green card after arriving in the US and no more dealing with BCIS unless she wants to be naturalized.

                    Comment


                    • #11
                      What if you get naturalized right after your child is born? What papers is the child eligible for if born abroad?

                      Comment


                      • #12
                        J on the tax question afyter she obtains LPR status you will not be able to file the foreign income exclusion because you are claiming you are permanent residents.If you leave the thing the way they are now you will have an exemption of 80000 dollars a year plus your standard deductions.something to think about.

                        Comment


                        • #13
                          Remi- THat issue was recently discussed on a different thread. If neither [arent was a citizen *at time of birth* then child must enter under an immigrant visa, but becomes a citizen immediately after arriving at U.S. home of USC parent with IV. Child can apply immediately for U.S. passport.

                          Comment


                          • #14
                            Katycab: REMI:WE have recently discussed this case INA is very clear about this please see thread of Sept. 25, 2003.
                            Katycab, are you from Philippines?

                            Comment


                            • #15
                              No- I am from New Jersey. Do I have an accent?

                              Comment

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