cannot bring wife to US

K

kevin shelton

New Member
Hello. I am sure this question has been brought up before. But here goes.
Ok, I met my wife in June 2008. She lives in the philippines. Applied for a K-1 visa and it was approved. It was even placed in her passport. Very soon after she had some family issues going on and by the time theyhad been resolved the visa expired. So we decided to get married in the philippines (June 2009). We had two children (Both are US citizens and Philippine citizens ( I know, US does not rrecognize dual citizenship) .
About a year and ago we applied for a tourist visa. We wanted to visit the US. Not immigrate here. To our surprise we were denied. I wrote emails to the US Embassy and all the senators and legislators in Washington asking them why my wife had been denied. The answers kept coming back that there was nothing to prevent my wife from staying in the US.

I think this is ridiculous. Also in addition the Consular Officer told my wife during the interview that she should apply for a C-1 visa.

So what is going on these days. I had figured that since we had been married over three years applying for a visa would be a formality only.

Now illegal immigrants are getting better health care and government benefits than our veterans?
I told a congressman in an email that I am just going to fly my wife to Mexico and have her swim across into the US ( I am not serious about that). But it dies seem to be the most logical way to get her here to meet my part of the family.

So if anyone knows how I can get my wife across the border (legally), I am all eyes and ears.
 
It is hard for a spouse of a U.S. citizen to get a tourist visa to the U.S., because it would be so easy for them to stay there and immigrate. This is especially true in her case since she applied for a K-1 before, indicating that she was planning on immigrating at some time in the past (and the assumption would be that she very likely still plans to do so).

Unless she can get a work visa, the only feasible alternative for her to get to the U.S. is to apply for her to immigrate and get an immigrant visa (CR-1/IR-1). Of course, this is a very expensive process that takes around a year to complete. And even if she gets to the U.S. and becomes a permanent resident, she will lose it if she doesn't maintain residence there. So it's a big waste of money and time just to give it up afterwards. But, if visiting the U.S. is that important, this is the way. (Also, it may be possible to get a K-3 visa instead. It still requires filing petitions, and the time taken is about the same, so there isn't much difference.)
 
kevin shelton said:
The US embassy consular officer in Manilathat interviewed my 10 month old son (he's 4 years old now). And when the same officer interviewed my 6 month old daughter ( she's 2 years old now).


However both of them are philippine citizens and US citizens.
Click to expand...
The
kevin shelton said:
The US embassy consular officer in Manilathat interviewed my 10 month old son (he's 4 years old now). And when the same officer interviewed my 6 month old daughter ( she's 2 years old now).


However both of them are philippine citizens and US citizens.
Click to expand...
Literally, "country X doesn't recognize dual nationality" means that, if a person who has dual nationality of country X and another country, country X "doesn't recognize" that dual nationality, and just recognizes the person as only country X's national, and not any other country's national.

In this sense, the U.S. "doesn't recognize dual nationality", as in the U.S. only cares whether you are a U.S. national or not, and if you are a U.S. national, you are treated just like any other U.S. national; your other nationalities, if any, are meaningless to the U.S.

But this is true of essentially every country in the world. In pretty much any country, if you have that country's nationality, you are treated by that country as just that country's national. You can't claim special treatment in a country that you're the national of just because you may have other nationalities.

It is kind of a meaningless statement, because why does it matter whether U.S. recognizes the person's Philippine nationality? What matters is that the U.S. recognizes a person's U.S. nationality, and the Philippines recognizes a person's Philippine nationality.
 
kevin shelton said:
So if anyone knows how I can get my wife across the border (legally), I am all eyes and ears.
Click to expand...

Apply for her green card using I-130. You're a US citizen, so she should be able to immigrate within a year using that option. If she runs into trouble after the immigrant visa is approved and is unable to enter the US before the 6-month deadline of the visa, she can explain the situation to the embassy and request an extension (that's what you could have done back in 2008 when she was having problems with being able to travel before the visa deadline).

Also be aware that it is not necessary to enter the mainland US to initiate her permanent resident status; she visit Guam or Hawaii which are much closer to the Philippines.
 
You must log in or register to reply here.
Top