Can we get a B1 visa for the spouse of a US citizen? 14 Answers as of September 11, 2012

I'm a US citizen living in Colombia. Can my wife get a traveling visa to visit the US as a tourist?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Maybe but only if she can sufficiently demonstrate that she has no intention of immigrating to the US and that you and she both live in Colombia. She has to bring a lot of evidence with her to the interview to overcome the immigrant intent presumption.
Answer Applies to: California
Replied: 9/11/2012
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Possible but unlikely unless she has strong ties to a job in her home country.
Answer Applies to: California
Replied: 8/15/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
Hello: Very unlikely. *Consulate Processing* Consulate Processing must be completed. This allows the petition to first be sent to the National Visa Center, and then the appropriate documents and package to go to the U.S. Consulate or Embassy.

If done correctly, you will be able to enter as a Lawful Permanent Resident and will be in the U.S. in less than one year.

Of course the time might be a bit less or more depending on the backlog of the U.S. Consulate or Embassy and whether or not a Waiver of Inadmissibility is needed.
Answer Applies to: California
Replied: 8/15/2012
Law Offices of Patricia M. Corrales
Law Offices of Patricia M. Corrales | Patricia M. Corrales
Yes, your wife can get a B-2 visa to come with you to the United States but, if your spouse intends to work in the U.S., you maybe questioned as to the legitimacy of the request for a visitor visa. One of the conditions of a visitor visa (B-2) is that you agree that you will not work in the US...just always be truthful.

If you wife intends to stay in the US to work, it would be best for you to file a family based visa petition on her behalf so that she can obtain employment authorization and her eventual residency lawfully.

As always, it best to seek legal guidance on this issues with an attorney with immigration experience. As a former ICE attorney, I have extensive experience with US immigration laws and could provide you with that needed guidance. Feel free to contact my offices.
Answer Applies to: California
Replied: 8/15/2012
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If the consulate believes that she comes for pleasure only, yes.
Answer Applies to: Nevada
Replied: 8/15/2012
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    Yes she can in theory since you her USC spouse is out abroad. But the problem with that is that the Consul usually views this as a ploy to get a non USC spouse in 1st so that the USC spouse can follow and adjust her status in the US in order to avoid waiting in line.

    You may be able to get one if you have not maintained domicile here in the US (if you always intended to return to live in the US in a relatively short period of time of residence abroad. Start with US Consulate website for Colombia and your specific area of the country. It will be tough to get though.
    Answer Applies to: California
    Replied: 8/15/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Possibly. However, you will have to prove to the consulate that your spouse has not intent to immigrate to the U.S. at that time.
    Answer Applies to: California
    Replied: 8/15/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    It is possible, but you will need to overcome the presumption that she is trying to immigrate which might be hard given the fact she is married to a US citizen.

    It might be better for her to apply for a K-1 visa or for Permanent Residency. You should contact an immigration attorney such as myself or another of your choice for further information.
    Answer Applies to: California
    Replied: 8/15/2012
    Gilgannon Law, LLC | Stuart D.P. Gilgannon
    If she is visiting with you, it will be difficult as there will be suspicions that her true purpose is to remain there permanently with you.
    Answer Applies to: Wisconsin
    Replied: 8/15/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    Yes, you can, but it will require some preparation and planning. The first assumption is going to be that she may be an intending immigrant, and you will need to be very well prepared with documentation that she will be visiting and returning to Columbia. If I can be of further assistance please let me know.
    Answer Applies to: Washington
    Replied: 8/15/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your wife can petition for a tourist visa to come to the United States. She may have difficulty obtaining the tourist visa as they may believe she intends to immigrate.

    Your wife should take sufficient evidence that she intends to return to Colombia on or before her authorized stay expires.
    Answer Applies to: New York
    Replied: 8/15/2012
    NAYAR & MCINTYRE LLP
    NAYAR & MCINTYRE LLP | MARIA MCINTYRE
    She can apply for the visa but it may be difficult to get approved. She will to show a reason to come and visit but have a bigger reason to go back to Colombia. It is her burden to prove that she has every intention of returning to Colombia.
    Answer Applies to: Texas
    Replied: 8/15/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    It is possible if she can prove to the consulate's satisfaction that she only intends to visit the US for a temporary period of time and that she will return to Colombia at the end of her authorized stay.
    Answer Applies to: Texas
    Replied: 8/15/2012
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    It will be very difficult because there will be a presumption she will remain in the U.S. Why don't you just file for her residency?
    Answer Applies to: New York
    Replied: 8/15/2012
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