People often believe that marrying a foreigner gives the foreigner a right to be in the U.S. The U.S. government takes a different view. Here is an example with my answer below.

Question

We have been together for 3 years and finally married on a recent visit to Philippines. I had applied for a fiance visa and was turned down. Now that we are married, we have the right to be together. She is a permanent resident of Toronto, Canada but holds a Philippines passport. Immigration will not let her in the country because of passport status.

Answer

Kevin, Thank you for your comments. Unfortunately, immigration agencies and the courts do not agree that you have rights to have your wife in the U.S. simply because you married. If you are denied a spousal visa, rights in marriage is something you will need to argue and may include a law suit. People who work independently often misunderstand how immigration works. The government is interested in what is best for the government. A sense of fairness comes second.

I look for cases that may head for litigation. I am concerned you have been working on your own and have been denied twice. Typically, this situation is messy and is not set up well for possible litigation. It is important to make as few mistakes as possible along the way. I would be glad to discuss if you have an interest in working with me on your immigration matters.

Kind regards,
Allan