I'm & live in S.America. I married an usa citizen in 2007. Because of health problems, he just receives s.security & va check.

Asked almost 4 years ago - Rockwall, TX

He´s a vet from Vietnam. He couldn´t come to my country last year because he was being treated of a mass that began to grow in one of his nipples and the cause was the pills the va psychiatrist gave him for mood without taking the time to check the consequence of those pills. Probably this year he won't be able to come either. I'd wish to stay with him for at least for 3-4 months. I need to know if he is really ok as he tells me. the consulate denied me the visa. We stopped the petition (4 economic problems), anyway it expired too. how can i get a sponsor? Do we have to live this way forever? I really don't know where else to write. This is not good nor for him nor for me. Thanks

Attorney answers (2)

  1. Christina Weber Crudden

    Contributor Level 9

    Answered . It sounds like you tried to apply for a visitor's visa (B1/B2) in order to come to see your husband for a short stay. You also mention a petition that was filed--I assume that you also filed an I-130 based on your marriage, but that you had some trouble with the affidavit of support requirements, since your husband has a fixed income.

    There are a few things you should consider. First, you are unlikely to be approved for a non-immigrant visa while you are married to a US citizen and/or have an immigrant visa petition pending. The question is your intent, and even though you say that you want to come to the US only for a brief visit to check on your husband's heath, since he cannot visit you, the consular officers will assume that you intend to come to the US to live permanently with your husband. So, the best strategy is to try to proceed with your I-130 petition. You don't mention how long it has been stopped, or what you did to stop it, but it is often possible to restart the petition without refiling it. You can find helpful information about this on the website of the US Department of State, at http://travel.state.gov/visa/immigrants/info/in...

    If you need a co-sponsor because of financial difficulties, you may want to consider friends and family in the US who might be willing to help. A qualified immigration attorney can help your co-sponsor understand what is involved, but the most important thing to understand is that the co-sponsor is not responsible for your husband, and does not have a direct financial obligation to you. Instead, the co-sponsor is the person who is obligated to repay the US government for any needs-tested public benefits (like welfare) that you receive but are not entitled to. For most people, the co-sponsor will never incur any financial obligation at all, because most agencies will not give the immigrant public benefits to which he or she is not entitled. Some people talk to their church or other community organizations to find people willing to assume the co-sponsor role--it does not have to be someone you are related to.

    If your husband is well enough to do so, he may consider talking to a legal services provider in his area. I've attached a link from the immigration court in Texas of the legal services providers there. http://www.justice.gov/eoir/probono/freelglchtT...

    Good luck to you both, and I hope this answer is helpful to you.

  2. Ekaette Patty-Anne Eddings

    Contributor Level 20

    Answered . Contact an immigration lawyer or an organization that provided free legal advice in your area to discuss this case with and find a way forward.

    If your are attempting to immigrate then just proceed with that. You should have sufficient information to help you make an informed decision and move forward with your case.

    Goodluck.

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