Dear Mrs Walker-Huntington,

I am an American woman who recently married a Jamaican. We are both full-time volunteer missionaries living here in Jamaica. Prior to our marriage, immigration told me I would only need to 'file' for my husband if we were intending to live in the US. He would only need to apply for a visitor's visa in order to travel with me to visit my family. However, when our request for a visitor's visa was denied by the embassy, we were told that I would have to 'file' for him. We are confused.

Is this true? What is our next step? What is involved in 'filing' for someone? Am I able to do so while here in Jamaica? What are the costs associated with the process?

I would very much appreciate your assistance and any guidance you might be able to provide.

Thank you, in advance!

A.W.

Unfortunately, when a non-American marries an American citizen and applies for a visitor's visa, the US Embassy presumes that the non-American intends to migrate and denies them a non-immigrant (visitor's) visa.

Any person who applies for a non-immigrant visa is presumed to be an intending immigrant and will only be granted a non-immigrant visa if they can overcome that presumption by showing the consular officer that they have enough 'ties' to their home country that will force them to return.

Ties include - but are not limited to - spouse, children, employment and assets. Oftentimes, persons with all of the above apply for a non-immigrant visa and are still denied the visa because the consular officer subjectively forms an opinion that the person will not return to their home country if they are granted a visa. If the visa is denied, there is no appeal and the applicant is given a standard letter, telling them the consular officer is trained to make a determination in a short space of time, and is not required to review documentation or to ask detailed questions. The letter also tells the applicants that they can reapply when their situation changes.

In your situation, a United States citizen married to a Jamaican, a consular officer would consider that his ties are not to Jamaica but to the US. This presumption is made notwithstanding the fact you are both living in Jamaica doing missionary work. If your husband is granted a non-immigrant visa and goes to the US, there is a provision for him to remain and file to change his status to a lawful permanent resident based on his marriage. In other words, if he goes to the US on a visit, he would not have to return to Jamaica.

File a Petition

Since you are told you have to 'file' for him, you would need to file a Petition for Alien Relative at the US Embassy in Kingston, Jamaica. Please visit the Homeland Security website at www.uscis.gov and review the entire procedure and the costs to file for your husband to become a lawful permanent resident (green card holder). Once USCIS approves your petition, the Department of State will take over and process for the green card. The entire process should take six months to a year to complete.

During the second phase of the process, among the documents that you and your husband will need to provide is an Affidavit of Support (AOS). Among the supporting documents going along with the AOS includes your most recent US income tax return, i.e. the tax return filed the previous April 15. Even though you have been living in Jamaica, as a US citizen you are still required to file your income taxes by April 15 of each year. If you have not been filing your income tax returns, please consult with an accountant who is familiar with US citizens who live and work outside the country.

If your income does not qualify you to be the financial sponsor for your husband, you can secure a joint sponsor who earns enough to provide for their family and for your husband - according to the current poverty guidelines.

Since you are living in Jamaica, you should file your petition with the United States Citizenship and Immigration Services at the US Embassy in Kingston.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practices law in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com or editor@gleanerjm.com.