We had an inquiry recently about a lady in Vietnam who is waiting to have her visa interview for a spouse visa. Her parents visited the US as tourists last year but overstayed their B2 visas. What effect will this overstay have on the spouse visa application of the lady in Vietnam?
When I saw this question, it reminded me of the phrase from the Christian bible about “The Sins of the Fathers”. It says that when the son or daughter has done everything that is lawful and right, then he or she will not suffer because of the parents’ wrongful actions.
It’s the same thing with immigration law. If the lady in Vietnam has done everything that is lawful and right, then there will not be any negative effects as the result of her parents’ overstay. The only problem in the family will be for the parents, who are unlikely to get another tourist visa in future.
In all visa cases, CIS and the US Consulate just look at the proof of relationship. So, a lady who is legally married to her sponsor and who can present good evidence of relationship will have a good result at the visa interview.
Another recent question was about a foreign same-sex marriage partner applying for a Green Card in the US. Specifically, our listener asked if there was any difference in the procedure for WT holders compared to B1/B2 holders.
There are two points here: One point is that until recently, all WT visa holders were forbidden from changing status while in the US. They had to return home
when their visas expired. They were required to leave the US with no change in category. However, during the past year or two, CIS has been accepting adjustment applications from WT holders who have married American citizens during their visit to the US.
The other point is that B1/B2 visa holders are not forbidden to apply for an adjustment of status, even if they have overstayed their visas. Thus, if a B2 tourist is given a three month visa by CIS when entering the US, and he or she overstays because of marriage to an American, the couple can file an immigrant visa petition and apply for a Green Card without regard to the overstay.
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Q.1. Does the US Consulate or CIS keep a record of the parents’ visa overstay?
A.1. Yes, both agencies keep a record of the overstay, but this record is not included in the file of the daughter who is applying for a spouse visa. Thus, the parents’ overstay will not cause any negative consequences for the daughter.
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Q.2. In general, what are the processing differences between ordinary marriage and fiancée cases compared to same-sex relationships?
A.2. According to the US Supreme Court, and USCIS, and the US Consulate, and Secretary of State John Kerry, same sex-cases must be treated the same way as traditional relationships. This means that the requirements for evidence of relationship are the same. Of course, some officers have not yet fully accepted the idea of same-sex unions, so their requests for evidence might be more demanding.
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Q.3. With regard to US CIS processing of Green Card applications for foreign spouses, what are the main obstacles that WT and B2 visa holders face?
A.3. They will need to convince CIS that the relationship is genuine, even though they have known each other for only a short time. And it is possible that CIS will accuse the foreign partner of concealing his or her original intent in applying for a B2 or WT visa. They may say that the alien wanted to avoid waiting overseas for visa processing and so applied for a tourist visa.
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ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru
9070 Bolsa Ave., Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Rang Mi - 47 Phung Khac Khoan, Q1, HCMC (848) 3914-7638
When I saw this question, it reminded me of the phrase from the Christian bible about “The Sins of the Fathers”. It says that when the son or daughter has done everything that is lawful and right, then he or she will not suffer because of the parents’ wrongful actions.
It’s the same thing with immigration law. If the lady in Vietnam has done everything that is lawful and right, then there will not be any negative effects as the result of her parents’ overstay. The only problem in the family will be for the parents, who are unlikely to get another tourist visa in future.
In all visa cases, CIS and the US Consulate just look at the proof of relationship. So, a lady who is legally married to her sponsor and who can present good evidence of relationship will have a good result at the visa interview.
Another recent question was about a foreign same-sex marriage partner applying for a Green Card in the US. Specifically, our listener asked if there was any difference in the procedure for WT holders compared to B1/B2 holders.
There are two points here: One point is that until recently, all WT visa holders were forbidden from changing status while in the US. They had to return home
when their visas expired. They were required to leave the US with no change in category. However, during the past year or two, CIS has been accepting adjustment applications from WT holders who have married American citizens during their visit to the US.
The other point is that B1/B2 visa holders are not forbidden to apply for an adjustment of status, even if they have overstayed their visas. Thus, if a B2 tourist is given a three month visa by CIS when entering the US, and he or she overstays because of marriage to an American, the couple can file an immigrant visa petition and apply for a Green Card without regard to the overstay.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.1. Does the US Consulate or CIS keep a record of the parents’ visa overstay?
A.1. Yes, both agencies keep a record of the overstay, but this record is not included in the file of the daughter who is applying for a spouse visa. Thus, the parents’ overstay will not cause any negative consequences for the daughter.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.2. In general, what are the processing differences between ordinary marriage and fiancée cases compared to same-sex relationships?
A.2. According to the US Supreme Court, and USCIS, and the US Consulate, and Secretary of State John Kerry, same sex-cases must be treated the same way as traditional relationships. This means that the requirements for evidence of relationship are the same. Of course, some officers have not yet fully accepted the idea of same-sex unions, so their requests for evidence might be more demanding.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Q.3. With regard to US CIS processing of Green Card applications for foreign spouses, what are the main obstacles that WT and B2 visa holders face?
A.3. They will need to convince CIS that the relationship is genuine, even though they have known each other for only a short time. And it is possible that CIS will accuse the foreign partner of concealing his or her original intent in applying for a B2 or WT visa. They may say that the alien wanted to avoid waiting overseas for visa processing and so applied for a tourist visa.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ROBERT MULLINS INTERNATIONAL www.rmiodp.com www.facebook.com/rmiodp
Immigration Support Services - Tham Van Di Tru
9070 Bolsa Ave., Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Rang Mi - 47 Phung Khac Khoan, Q1, HCMC (848) 3914-7638
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