I am a US citizen, and my wife is Mexican citizen, with tourist visa here in the US. We live in Mexico, and I do part time work in US. We have been married for 8 years; she had a tourist visa before we got married. She is not interested in living in the US, and her tourist visa is expired. Can she apply for renewal of her tourist visa, or does she has to change her status, because she is married to US citizen?
Your wife can apply for a tourist visa but she needs to be honest on her application. If it is denied you will have to file a spousal visa.
Marriage should not affect her ability to get a tourist visa; just explain all facts and have her be prepared to show her ties to Mexico
She will likely be denied a tourist visa because of her Immigrant Intent based on your marriage. She can try and get it, but they will likely tell you to sponsor her for her green card.
Her getting married to you(a US citizen) does not change her status in anyway, unless she files for a change of status. The fact that you both live in Mexico and you are a US citizen, should make it as easy or easier for her to continue to get a tourist visa.
She can apply for the visitor visa, and needs to prove to the consular officer that she does not intend to apply for permanent residence while in the US. She should be prepared to show all of your ties to Mexico, and a sworn statement for you would be helpful.
Your wife can apply for a tourist visa, but it may be denied as she is married to the United States. The U.S. Embassy/Consulate may believe she is an immigrant rather than a non-immigrant as required to obtain a tourist visa. Your wife's prior compliance with her visa as well as any evidence of her intent to return to Mexico (i.e. real property, family ties, employment, etc.) will also help to rebut the immigrant intent presumption. She may want to consider lawful permanent residence if she is unable to obtain a tourist visa.
The only way to change her status is for you as the US citizen to petition for her as you wife. Otherwise she has to renew her tourist visa to travel. Good luck.
In general, she should be able to renew her tourist visa, provided that she has complied with all relevant requirements under the law and is also eligible for change of status as a spouse of a US citizen.
She can still apply for a tourist visa to us. However, the consulate may suspect her immigrant intent even she does not have. She has the burden to prove the intent.
Your wife can attempt to renew her tourist visa, but there may be obstacles to doing so. The tourist visa is for individuals who seek to enter the U.S. on a temporary basis for tourist intentions. In order to obtain the tourist visa, she must demonstrate that she has nonimmigrant intent and that she will return to her come country at the expiration of her stay in the U.S. (up to six months). She can demonstrate nonimmigrant intent by showing her connections to the home country: ownership of property, significant family ties that will remain behind, a job awaiting her on her return, car registrations, bank accounts, stock ownership, retirement plans and social security, etc. She must also demonstrate that she has the financial capability of funding any trips to the U.S. This can be done by demonstrating her financial worth, or by a letter from a sponsor with whom she will stay in the U.S. and who will provide her with room and board during her trip. The difficulty in her case is that she is married to a U.S. citizen. There will be a presumption, based on the marriage, that she will be coming to the U.S. to stay, and it will be difficult to overcome that presumption. You, like her, will have to show that you are residing in Mexico and that you only come to the U.S. on a part-time basis for work. Tourist visas are very difficult to obtain but with proper documentation, can be approved.
If you do not live in the U.S., she may very well be able to get another visitor's visa. If she applies for residency based on your marriage, she can receive a green card. However, she is required to return to the U.S. every six months in order to keep her residency.
It is doubtful she would be approved under the circumstances.
She can simply say so (that she lives in Mexico, and wishes to continue doing so, is married to an American citizen who does part time work in the US, and wishes to simply visit the US). She needs to show intent to return to Mexico and money to travel to the US, just as she probably done in the past. Good luck.
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