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spousal visa for the US

Hi- I've reviewed posts but couldn't find the exact answer to my question -- sorry to be repetitive! My sister and law just married an american citizen, in Colombia (church ceremony, all notarized, stamped, etc.). Her new husband was thinking that it was better for him to return to the states and apply for her visa to come to the US through his local INS office in Arizona. I heard that it was faster for him/her to apply for the visa directly from the cousulate in Bogota. Is this true? Any insight into timing, tricks for expediting what I imagine will be a nightmarish process?
Thank you!
Catinthehat

By catinthehat on Aug 31, 2005, 15:16 in Visa & paperwork. AddThis Social Bookmark Button


silviat says on Aug 31, 2005, 16:06:

I think he can just DCF (Direct Consular Filling) if hes been a legal colombian resident for at least six months... otherwise they'll have to apply for a K3 visa.

I havent heard much about DCF but if he is a legal resident I would guest thats a much faster way of bringing her to the US

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catinthehat says on Aug 31, 2005, 16:21:

K3 VISA Thanks Silviat. The thing is, he isn't a resident of colombia -- just visiting as a tourist. Would he then need to apply for a K3 you think? Would it be better to do so through the embassy, or, through his local INS office?
thanks again,
cat

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utopiacowboy says on Aug 31, 2005, 17:35:

If he is not a US citizen residing in Colombia, he cannot file a petition directly with the US embassy in Bogota. That option is called Direct Consular Filing (DCF) and as of July 1, 2003 it is no longer available to anyone but US citizens residing in Colombia. He has to go home and file his petition with the USCIS service center that serves his area of the US. Go to the USCIS web site or visajourney for more info.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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silviat says on Sep 1, 2005, 10:29:

Cat As utopiacowboy just say so... if he isnt resident he wont be able to do DCF. He will have to do a K3 process (I think they arent taking to long lately). A great site that helps people a lot is www.visajourney.com you should definately tell him to check it. We just went through a K1 process and we found that website very very helpful

Good luck

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mikecolombia says on Sep 4, 2005, 21:34:

marriage visa I was in your place 2 years ago. I married in Colombia also. You have to file the marriage through the courthouse in Colombia. I had to come back here and file for a marriage visa through the nearest Colombian embassy which for me was in Atlanta, GA. The marriage visa last for 6 months. I then flew back to Colombia to put in the Direct Consular Filing (DCF )at the U.S embassy in Bogota and had the inicial interview with my wife. They then gave her the same day an appointment to come back three weeks later for the physical exam, proof of shot records (the yellow form ), and etc. And on the second appointment, They stamped her passport to come here; all within 3 weeks of putting in the DCF. Good luck!

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esteban says on Sep 11, 2005, 15:36:

expect a visa pay your taxes Those wishing to apply for a visa for a spose or girl friend must have no tax debts and a good earning record. That is above the poverty line, about 16 or 17 mil for one sponsorship.

You cannot sponsor anyone you are not directly related to, meaning wife, or son etc. No mother-in-laws. All income requirements are based on the number you have sponsored in the past or present. You may apply for a conditional visa for your girl friend but if you don't marry in a certain amount of time she gets deported, her visa must be upgraded to conditional resident after you marry.

If you or your girl friend can't pass an FBI character investigation don't apply. If you have had criminal charges in the past don't apply. tip... only give the information they request,nothing more,additions will be filled in the trash.You don't need a lawyer they are a waste of money.It takes time so be patient, good luck Esteban

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saltygeo says on Sep 13, 2005, 11:35:

Tell Your Sister-in-law to go to the American Embassy in Bogata If your sister-in-law's new husband is an American Citizen tell them both to go to the American Embassy in Bogota and apply for a spousal visa together. It's that simple. The is no guarantee she will get a visa but, it is highly unlikely that they will decline her application for a visa if she has married an American citizen. That is provided he can support her financially, he nor she has any criminal record, and neither of them are HIV positive.

I cannot believe some of the insane responses you have gotten to your post. Quite obvoiusly from people that really don't know the answer to your question and are merely speculating. Therefore, all the while giving you inaccurate information.

My wife is from Popayan then, lived in Cali for 7 years. We were married in Cali in 2000 at a notary -- all legal plus we had all the papers in order.

We were married on July 15, 2000 then, flew to Bogota on July 17th to go to the American Embassy to petition for her spousal visa. When we arrived at the embassy there was a huge long line of Colombians waiting to get in the embassy. I went to the front of the line, showed my American passport and went right in the emabssy. Of course, no suprise, I'm American.

They inteviewed my wife that morning, gave her the forms she needed to fill out, and told her about medical exams, HIV and blood tests, vacinations, criminal investigation, etc. We went back to the hotel, that afternoon and filled out the forms. The next day we did everything; the vacinations, blood test, chest x-ray, medical exam (she already had the police background check). The second day we returned to the embassy, handed in the forms, proof of vacinations, medical exams, blood test results, police check, x-rays and paid the visa application fee. Here's Tip #1, get the police background check dne in advance. It's the one thing that will take a little longer to get done.

Remember you ARE in Colombia and "things ARE different" in Colombia. If she asks the staff at the hotel where she and her husband are staying where to go to get the things done that they need to get done the hotel will probably already know EXACTLY where to tell them to go and will probably already have a taxi driver ready to take them around Bogota to get things done. In Colombia, you can eaisily do all this in 1 day. In the United States, with all our bureaucratic muck to get the same things done would probably take a month or more after spending several thousands of dollars and filling out numerous insurance forms until you develop callices on your fingers. You can probably get all this done for $100-$150 dollars including the taxi fare around Bogota to get everything done.

The administrator told her to come back for her 2nd interview and she would get her visa in 10 days if the interview went successfully. She flew back to Cali then, flew back to Bogota 10 days later, had her interview and got her visa exactly as they told her.

If your sister-in-law's husband returns here without her and he applies for the visa from here in the United States, it will take a long, long time. I know several people who married women from Colombia, Peru and even Russia. They waited for a minimum of 1 year and some waited as long as 2 years to get their wives here with a visa.

Here's Tip #2. When your sister-in-law returns for the interview take lots of proof that the marriage is legal and in good faith. They will ask questions about her husband's family (brothers, sisters and parents name, where they live, how long they've been married, what they do for a living, etc. Also, take several photos of the wedding and photos of them both together smiling and having fun). GO TO BOGOTA -- NOW!!

saltygeo

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Crazy4Cali says on Sep 13, 2005, 13:23:

I think... ...a lot has changed in the visa process since saltygeo had the pleasure of experiencing it. The events of 9/11/01 sort of shook the American public's faith in the immigration system. (I can't imagine why...)

I'm sure saltygeo's experience five years ago was as quick and painless as described, however, at this point it is of little more than anecdotal interest.

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saltygeo says on Sep 13, 2005, 13:29:

I'm Afraid You're Mistaken There is a speacial relationship with the American government when you marry abroad and want to bring your "family" to the United States. My wife's good friend (a Colombiana) whom also married an American citizen just came here 4 months ago by the same method I describe in my post.......................

In fact, we introduced the two newly weds!!

10 to 30 days is what they told her at the American Embassy in Bogota. She flew into Miami 16 days after she petitioned for her visa.

I'm telling you all. If you go to the BCIS site they tell you if is shorter to marry then apply for the visa here but, the opposite is true. Go directly to the Embassy in Bogota. And don't let some shister Colombian lawyer tell you he can help. You don't need a lawyer ---- just your American passport.

saltygeo

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stlexpat says on Sep 13, 2005, 13:52:

oh how times have changed crazy4cali is right - US citizens can't just walk into the embassy to file petitions... you do have to be a legal resident of colombia to file there; extremely recent experience talking here.

I felt no special relationship with anyone at the embassy; in fact the idea of flashing the blue passport to get special treatment there just makes me laugh.

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saltygeo says on Sep 13, 2005, 14:16:

Okay I Give Up ---- UNCLE, UNCLE, UNCLE!!!! You guys don't seem to get it so, I give up. I didn't petition for the visa. My wife did and she was a legal resident. I simply accompanied her to the Embassy. In fact in the 1st interview they didn't even want to speak with me -- only her.

That's what I've been trying to tell you all that it's better for your wife to petition for it in Colombia instead of you petitioning for it here.

The main reason it is so hard for Colombianns to even get visas to come to the United States is that the Colombian government (and the American government too I suppose) is afraid that the Colombians will not return to Colombia. For example, Colombians coming here on a tourist visa. The main reason they have made this so difficault is becuase all the "haves" as opposed to the "have nots" were leaving Colombia and subsequently taking money out of the country.

Well, if a Colombian woman marries a extranjero it relives all the concern about her not coming back there. She probably isn't with exception on visits to see family members.

HOWEVER, you guys are the experts so, I'll say again UNCLE, UNCLE, UNCLE and now I shut up on this subject and let the experts navigate the masses.

saltygeo

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Crazy4Cali says on Sep 13, 2005, 14:31:

You don't have to give up... ...but what saltygeo is saying seems to be in conflict with what literally hundreds of other people have said, with varying degrees of recency, accuracy, and authority.

That a Colombian citizen could go to the U.S. Embassy and petition them for a visa to the U.S. AND get it in less than a month (even less than a year!) seems beyond belief, especially nowadays.

Because this information is in direct conflict with the "conventional wisdom" as well as what I've read on the subject, more information is needed to understand how that process could work.

Perhaps there are some extenuating circumstances or some "magic" form or whatever saltygeo knows about and we don't, but absent any corroboration, saltygeo's story seems to be the exception, not the rule.

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utopiacowboy says on Sep 13, 2005, 17:58:

Saltygeo, you are so far off the planet in terms of what is going on today in immigration law and the current process, it is unbelieveable. I think people should take your advice, go to the US embassy and then see how far they get with it. Any takers?

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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saltygeo says on Sep 15, 2005, 04:33:

Seems Odd Then To FInd This Post From You Senior Cowboy Under the forun topic: "Question for UC (the immigration attorney)."


Submitted by utopiacowboy on Wed, 09/14/2005 - 19:05.
They are approving spousal visas (K-3) in less than a month so even if you can't DCF, you can still get her back to the US fast.

saltygeo

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utopiacowboy says on Sep 15, 2005, 11:08:

The K-3 is a nonimmigrant visa that you obtain by filing an I-130 with the USCIS in the US and then filing an I-129F after you receive notice that your I-130 has been received. You do not get it by filing directly with the US embassy in Bogota. If you don't know what a K-3 is, why are you giving immigration advice?

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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saltygeo says on Sep 15, 2005, 13:29:

Excuse Me Oh, excuse me. I forgot you are one of the experts and everyone should listen to you for the most accurate advice about visas.

You know, you might do well to realize that you are not in a position to give immigration advice better than anyone else on this thread. All postings here are just hearsay and have absolutely no accuracy -- including yours. The only real couple of valid sources are the state department and BCIS.

saltygeo

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Gator says on Sep 15, 2005, 19:08:

Here is what... the U.S, Embassy's policy is:

"Change in Immigrant Visa petition filing rules beginning July 1, 2003.

U.S. citizens who are legal residents of Colombia and have currently completed at least six months continuous presence in the country, may petition for their spouses and their unmarried children and step-children (under 21 years of age). Stepchildren must have been under the age of 18 at the time of the marriage to the U.S. citizen. Petitions for all other categories of Immigrant Visas (including siblings and parents of U.S. citizens and adult children of citizens and legal permanent residents) must be submitted at a (DHS) office in the United States with jurisdiction over the U.S. resident or citizen's residence."

Other wise make a wasted trip to Bogotá

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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utopiacowboy says on Sep 16, 2005, 11:25:

I am an attorney. What are your qualifications?

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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KariAnn says on Sep 23, 2005, 19:11:

citizenship via marriage Our daughter is living with a man from Columbia. He claims he married a woman (citizen of USA) 5 yrs. ago to obtain his citizenship. He is still married to her and his claims he will divorce her when he "saves up enough money". He lived with her for one year of the marriage.

He cannot provide proof of a social security number or green card certificate but claims he is legal, yet only works jobs that he is payed "under the table" (in cash only). Is there a specific length of time you must remain married to a US citizen to keep your green card? If so, how long and what happens if you divorce prior to that time commitment?

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KariAnn says on Sep 23, 2005, 19:14:

citizenship via marriage Our daughter is living with a man from Columbia. He claims he married a woman (citizen of USA) 5 yrs. ago to obtain his citizenship. He is still married to her and he claims he will divorce her when he "saves up enough money". He lived with her for one year of the marriage.

He cannot provide proof of a social security number or green card certificate but claims he is legal, yet only works jobs that he is payed "under the table" (in cash only). Is there a specific length of time you must remain married to a US citizen to keep your green card? If so, how long and what happens if you divorce prior to that time commitment?

» edit | reply

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stripes says on Sep 23, 2005, 20:19:

Generally... two years, though there are some exceptions (though most apply only to women). Basically, you are issued a 'conditional' green card for two years, and then must come back and prove you deserve a permanent one. Most likely, he lost his green card and is illegal in the US.

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utopiacowboy says on Sep 23, 2005, 22:08:

He's as illegal as they come. Your daughter is as gullible as some of the gringos chasing Colombianas. Cripes, I've got a nice new bridge to sell her.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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megs622 says on Sep 25, 2005, 19:23:

-

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