Immigration Corner | How to get a visiting visa

Dear Mrs Huntington,

I am married to a US citizen who lives and works in the US. He was born and raised in Jamaica, moved to the States in his late teens and later got his US citizenship.

I live and work in Jamaica and am not desirous of migrating to the US just yet. My mother, who I live with, is now retired and I am the sole income earner for the both of us. I am also looking into purchasing a house. I have not made a deposit or applied for pre-approval from NHT, so I do not have any proof of this to present at the US Embassy. My father was a US citizen, but he died 10 years ago. I was never filed for by father. I had a J1 visa in 2010 and did not overstay my time.

Earlier this year before I got married, I applied for a US visa and was denied because of insufficient ties to Jamaica. I now want to reapply for a non-immigrant visa. What is the best way to go about doing this? And what will I need to do to prove that I will return?

Regards,

- C

Dear C

In order for a person to be positively considered for a non-immigrant visa, they have to demonstrate to the United States Embassy that they have sufficient ties in their home country to indicate that they do not intend to migrate. That is, if they receive a non-immigrant visa they will travel to the United States and go back home without trying to remain in the United States.

The embassy views persons with US citizen spouses as automatically having an intention to migrate and very rarely grant them first-time, non-immigrant visas. Such applicants are often told to have their US citizen spouse file for them for immigrant visa status so they can live together in America.

DISCOURAGED PRACTICE

As the spouse of a US citizen, if you are lawfully in the United States as a non-immigrant, your spouse can file for you to change your status to a permanent resident. Although this is perfectly legal, the US government discourages it and when there is an avenue for this to be done, that door is often closed.

All marriages are not always conventional and you appear to be setting up separate households and settling in Jamaica without your husband. You will have to explain your unconventional living arrangements and the reason(s) for them to the US Embassy. But if you think that you can give a plausible explanation, you should go ahead and apply for the non-immigrant visa. Keep in mind that you may not be asked any questions at the interview, but you should take as much documentation as possible to convince the consular officer that you do not wish to remain permanently in the United States.

If at some time in the future you wish to join your husband in the United States, be reminded that your non-immigrant application will be in your permanent file.

- Dahlia A. Walker-Huntington, esq, is a Jamaican-American attorney who practises immigration law in the United States, and family, criminal and international law in Florida. She is a mediator and special magistrate in Broward County, Florida. info@walkerhuntington.com