My Divorce From Argentina

[earlyretirement]

I am sorry that your wife was put through that. I would definitely ask for help from the Senator or Congressman in whose district you last lived (or one in which you have family). The consular staff at the embassy is there to help you, and by extension, your wife. If you can interest a congressperson in helping, you'll almost certainly have a better outcome. Good luck!

Absolutely this is good advice and I was also going to suggest you take it a step further. Before you try your Senator/Congressman you should ask to set up a face to face appointment with someone in an authority position at the US Embassy in Buenos Aires.

They are VERY nice there at the Embassy. I've had to go over the years many times and they were always very friendly, police and helpful.

With the exception of your wife having some police arrest record (which I assume is definitely not the case) you should definitely be able to get your wife a simple tourist visa to visit the USA and your family.

I wouldn't try to only do things with emails with the Embassy. Set up a face to face meeting as it's much more personable and they can see you and see your face when you explain the situation. Emails are hard to display things like that.

 

[ElQueso]

My now wife (then girlfriend) just got out of school, didn't have a bank account, didn't have any assets and she easily got a tourist visa to visit the USA many years ago and we weren't even married. We were just dating. I also know others in the same situation and they easily got tourist visas for their significant others.

As far as many years ago, it was much easier, I'm told. Since 9/11/2001, ability to get visas for certain demographics have gotten much tougher, and seem to get tougher every year.

I have friends here in Argentina in their late 20s/early 30s who have had no problem. I know older people, more my age, in Paraguay who have had no problems getting a visa. I think maybe (just maybe) our problem was a grumpy supervisor or something.

We're definitely going to try again though!

 

[ElQueso]

Yeah thanks guys, that's a great idea about a face-to-face prior to her appointment.

I don't know so much about the congressmen - I have so little faith in our dear leaders back in the States these days and have a hard time thinking I will get any time from them. However, nothing ventured, nothing gained.

 

[Crema Americana]

I wonder if it would make any difference to apply from Paraguay? Although it shouldn't matter... a lot of it is just luck of the draw and the impression you give to the interviewer.

When my husband went to get his tourist visa to visit my parents, he took all the paperwork, pictures of me and my family, etc and explained that he wanted to visit because we were going to get engaged... the interviewer seemed more interested in knowing my family background (what does my father do, what does my mother do, etc) and didn't even look at his bank statements or papers at all.

My husband is from here, though - so that may influence. He also went dressed in a suit and tie and looked as professional as possible. As shallow as it sounds, it might make a difference.

 

[db887]

The reason she keeps getting rejected is that she is applying for wrong visa. She should be applying for permanent residence based on marriage with US citizen regardless whether she wants to live in the US or not. Once permanent visa is granted, she can travel to the US and obtain green card. Next step is to apply for Reentry Permit with 2 year validity.

 

[earlyretirement]

The reason she keeps getting rejected is that she is applying for wrong visa. She should be applying for permanent residence based on marriage with US citizen regardless whether she wants to live in the US or not. Once permanent visa is granted, she can travel to the US and obtain green card. Next step is to apply for Reentry Permit with 2 year validity.

I'm not sure this is correct. Back when I was living in Buenos Aires, the US Embassy told us that my wife shouldn't apply for permanent residency until we were ready to live in the USA at least the majority of the time. In fact, there are limits to how long you can stay out of the USA the first 2 years while you have the conditional permanent residency.

Unless something recently changed that was the case when we were going through the permanent residency process. We had to wait until we were ready to move to the USA.

Before that, they told her to just travel on a tourist visa when we'd go to visit the USA.

 

[ElQueso]

According to a good buddy of mine, who married an Argentina and has been working on getting her permanent residency in the States, he feels like he need to spend at least 6 months in the US during the first two years of residency, until permanent residency is granted.

It seems the question is the phrase (and I'm paraphrasing the phrase) "must maintain a principle residence in the US." Of course someone can claim to have residence in the US with something as simple as a mail forwarding service that gives you a physical address, but in most places to prove residency for "official" purposes you have to prove you are living there. You have to have utility bills and such in your name, shown being paid. Even that can be gotten around by a family member agreeing to put their light bill in your name.

But according to my buddy's lawyer, there are other federal codes that determine residency, as well as the fact that if you leave the country after you're given your temporary residency, it will be registered with INS, as well as the fact that you didn't come back.

His lawyer advised him to spend at least 6 months a year in the US with his wife so they would not fail to be upgraded to permanent residency, or even have the temporary residency revoked.

Therefore, unless I want to go back and live in the States or fly back and forth and go through the rigamarole of maintaining a "residency" in the States for two years (I don't, not right now anyway, either option) the only other way to visit is a tourist visa (B-2).

B-2 is perfectly valid for a spouse of an American Citizen.

However, here are the problems with getting a visa:

http://www.immihelp.com/visitor-visa/

 

[gusgutier]

Giery86, I'm going to give you the benefit of the doubt and assume that you didn't communicate well what you were trying to say. Or, at worst, that you have listened to your suegros talk about how all the Peruvians and Bolivians commit all the crimes.

However, if you even remotely believe what you wrote, you should stay very far away from Puan (Facultad de Filosofia y Letras). You will probably hate it. And they will probably hate you.

Why ? I´m curious.

 

[earlyretirement]

According to a good buddy of mine, who married an Argentina and has been working on getting her permanent residency in the States, he feels like he need to spend at least 6 months in the US during the first two years of residency, until permanent residency is granted.

It seems the question is the phrase (and I'm paraphrasing the phrase) "must maintain a principle residence in the US." Of course someone can claim to have residence in the US with something as simple as a mail forwarding service that gives you a physical address, but in most places to prove residency for "official" purposes you have to prove you are living there. You have to have utility bills and such in your name, shown being paid. Even that can be gotten around by a family member agreeing to put their light bill in your name.

But according to my buddy's lawyer, there are other federal codes that determine residency, as well as the fact that if you leave the country after you're given your temporary residency, it will be registered with INS, as well as the fact that you didn't come back.

His lawyer advised him to spend at least 6 months a year in the US with his wife so they would not fail to be upgraded to permanent residency, or even have the temporary residency revoked.

Therefore, unless I want to go back and live in the States or fly back and forth and go through the rigamarole of maintaining a "residency" in the States for two years (I don't, not right now anyway, either option) the only other way to visit is a tourist visa (B-2).

B-2 is perfectly valid for a spouse of an American Citizen.

However, here are the problems with getting a visa:

http://www.immihelp.com/visitor-visa/

Exactly ElQueso. This is what the US Embassy told us as well. In fact, we applied for it while we were still living in Argentina because we were going back and forth. We had a place rented in the USA but we also still had our place in Buenos Aires. They actually hassled my wife when she was coming back into the USA one of the times as they told her that she should be spending the majority of time in the USA. I think the first year we applied it was about half and half.

Yeah, you can probably get around it as you mentioned, but we didn't want to take a chance on her not getting per permanent residency. They first grant you a 2 year CONDITIONAL green card and then you have to renew it. After the 2 years were up and we had to renew it, they ask for a TON of documentation including bank statements for both, health insurance documentation, car loan/car insurance paperwork, utility bills in your name at your primary residence and a few other documents.

And trust me if you're spending the majority of the time outside of the USA, I'm sure they are going to notice it and really question it. I'm not saying it's impossible but my feeling was why take the chance? So we just followed what the US Embassy in Buenos Aires told us which was to wait until right before we were going to permanently head back to the USA.

But I still say there should be NO reason why your wife can't get a tourist visa to visit, especially if you've been married 5 years. I've never heard of anything like that before.

 

[ElQueso]

But I still say there should be NO reason why your wife can't get a tourist visa to visit, especially if you've been married 5 years. I've never heard of anything like that before.

There were two big negatives in the list in that link I provided that hurt her chances and not enough positives. One was her lack of income tax statements the other her age. It may take me a couple of years to get those requirements fulfilled.

This says it all right here, along with those negatives specifically listed:

"The presumption in the law is that every visitor visa applicant is an intending immigrant."

It goes on to say a bit more about that, but I can't copy from the site and didn't want to write any more