NON-immigrant visit by citizen's spouse

This is a discussion on NON-immigrant visit by citizen's spouse within the K-1 Fiance and K-3 Spouse Visas forum, part of the Family-Sponsored Visas category; I have a rather odd problem. My wife is from the Philippines (I'm American). We met in China, where we ...

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Old Jun 8th, 2007, 02:15 PM   #1
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Default NON-immigrant visit by citizen's spouse

I have a rather odd problem.

My wife is from the Philippines (I'm American). We met in China, where we both live now.

I want to take her to the U.S. for a visit. We DO NOT intend to live there at this time (or maybe ever).

I see that the non-immigrant spouse visa requires filing for an immigrant spouse visa. But we don't want one!

So should we apply for a regular visitors' visa (B2?) or for the non-immigrant spouse visa?

Thanks
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Old Jun 9th, 2007, 03:35 PM   #2
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Default Re: NON-immigrant visit by citizen's spouse

You can enter as tourists then.
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Old Feb 6th, 2008, 11:31 PM   #3
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Default Re: NON-immigrant visit by citizen's spouse

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I have a rather odd problem.

My wife is from the Philippines (I'm American). We met in China, where we both live now.

I want to take her to the U.S. for a visit. We DO NOT intend to live there at this time (or maybe ever).

I see that the non-immigrant spouse visa requires filing for an immigrant spouse visa. But we don't want one!

So should we apply for a regular visitors' visa (B2?) or for the non-immigrant spouse visa?

Thanks
If you are only coming to visit you should apply for the B2...
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Old Aug 11th, 2009, 06:03 PM   #4
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Default Re: NON-immigrant visit by citizen's spouse

There are many people in the same situation ... one spouse is a U.S Citizen and they both want to simply visit the U.S but do not intend to live in the U.S permanently ... yet the folks at the State Department haven't yet realized that there are millions of U.S citizens who live abroad and are like you. So, although an immigrant visa is immediately available and both you and your spouse can travel to the U.S with your spouse as a potential immigrant, a visitor visa for your spouse may be unlikely! The reason is because the consular officer assumes that your spouse will be going to the U.S and staying there with you so will be reluctant to issue a visitor's visa. That is one problem with current visa laws ... your spouse can immediately immigrate by obtaining an immediate immigrant visa but would likely not be eligible to obtain a visitor's (B2) visa.

The law is also unfair because while millions of people from certain countries i.e Canada, U.K, Germany, etc., may visit the U.S visa free your spouse must obtaina visa although you are a Citizen!
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Old Aug 12th, 2009, 10:31 AM   #5
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Default Re: NON-immigrant visit by citizen's spouse

I think the laws don't reflect the more international nature of society today.
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