Q: Can I apply for a U.S. visitor visa to find a joint sponsor and save my marriage?
I am involved in a family immigration case, and the U.S. embassy has requested a joint sponsor, which I am struggling to find from Pakistan. I have never applied for a visitor visa before, but I want to visit the U.S. to personally search for a joint sponsor and also to save my relationship with my wife, as she is losing hope in finding a sponsor and considering ending our relationship. The embassy has not provided any information on the timeline or consequences of not securing a joint sponsor. Is there any possibility of my visitor visa being accepted given these circumstances?
A: OK before I answer your question, it’s important to point this out. I don’t know what your personal financial situation is but if you guys cannot satisfy the income test, you can satisfy the asset test if either of you have assets that equal three times the amount of minimum income required. For household size of two this would be roughly $75,000. So it’s important to note that even if, you have assets outside the United States, those can be counted in the 864 affidavit of support. As far as your question is concerned, yes, you should be able to get a visitor visa if you’re honest with the officer that you apply, and he reviews your case in its entirety.
A:
Applying for a U.S. visitor visa while actively seeking an immigration sponsor presents significant challenges. Immigration officers will likely question your intentions since visitor visas require proving you have no plans to immigrate permanently. Your stated purpose of finding a joint sponsor directly contradicts this requirement, and mentioning this during your interview would almost definitely result in denial.
Your personal circumstances with your wife are understandable and difficult, but unfortunately, they don't change how immigration laws work. The officers reviewing your case must follow strict guidelines about temporary versus permanent intent. Having an ongoing family immigration case makes it even harder to convince them you intend to return to Pakistan after your visit.
Instead of pursuing a visitor visa, you might consider alternative approaches to finding a joint sponsor. Ask your wife to connect with community organizations, religious institutions, or immigration advocacy groups in her area that might help identify potential sponsors. You could also request more information from the embassy about timelines and consequences of delayed sponsorship. While this situation is stressful for your marriage, addressing the immigration process through proper channels offers the best chance for eventual success.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.