Repatriation with spouse on short notice

[keithbrand 0]

Hi,

I am planning on moving back to the united states because of a new career opportunity and I am having a hard time finding out the process of bringing my spouse.

We were married in 2012 in New York and she has already gone through the immigration process and received her residence card with work authorization.

We have since moved back to France and we RENOUNCED the residence card because that was the procedure.

Since she has ALREADY gone through the background checks and been approved in the past I was thinking it might go more quickly this time.

Also, We plan on moving in 2 months. What is the process and time needed to pull this off? I know we need to file an I-130 but that's about all I 'think' I know.

I would appreciate any advice on this subject and thank you in advance!

I forgot to add that I am a US citizen and currently have permanent resident status in Michigan.

[Anh map 2,098]

She won't have a green card in 2 months. You go through the same process as before to obtain the GC. 9 months to a year seems to be the time range.

You file the I-130 petition and she will interview in France. http://www.visajourney.com/content/i130guide1

You will need to submit an affidavit of support. That's a few months down the road so if you are starting your new job in 2 months you ought to be ok. Have you been filing US tax returns while living overseas? If not, you would need to get that sorted out too.

[Georgia16 2,858]

Having a GC in the past and have done background check back then won't make it more fast. A lot could have happened in those years overseas and they need to do the whole check again. Sorry but 2 months is to optimistic.

[aleful 1,905]

hi

nope, rather close to 1 year or a year, doesn't matter what happened in the past, you start the process from scratch

the average for the approval of the i130 is 5 months

depending on the service center, maybe more, maybe less

but impossible for him to come that soon

[Penny Pincher 11]

Hi,

I am planning on moving back to the united states because of a new career opportunity and I am having a hard time finding out the process of bringing my spouse.

We were married in 2012 in New York and she has already gone through the immigration process and received her residence card with work authorization.

We have since moved back to France and we RENOUNCED the residence card because that was the procedure.

Since she has ALREADY gone through the background checks and been approved in the past I was thinking it might go more quickly this time.

Also, We plan on moving in 2 months. What is the process and time needed to pull this off? I know we need to file an I-130 but that's about all I 'think' I know.

I would appreciate any advice on this subject and thank you in advance!

I forgot to add that I am a US citizen and currently have permanent resident status in Michigan.

How long have you been staying in France?

[Transborderwife 4,666]

Nope. She'd need an ir1 which will take about a year

[keithbrand 0]

We have been living in france for two years now.

I understand that the green card may take longer to get, but she will be able to come with me when we move right?

The last time we went through this process, she came on a tourist visa, we got married two months later and after

about 9 months, she received her green card. I imagine you can bring your spouse with you when you move and

do all the filing and paperwork from the states....right??

[Georgia16 2,858]

We have been living in france for two years now.

I understand that the green card may take longer to get, but she will be able to come with me when we move right?

The last time we went through this process, she came on a tourist visa, we got married two months later and after

about 9 months, she received her green card. I imagine you can bring your spouse with you when you move and

do all the filing and paperwork from the states....right??

No sorry...

[Transborderwife 4,666]

We have been living in france for two years now.

I understand that the green card may take longer to get, but she will be able to come with me when we move right?

The last time we went through this process, she came on a tourist visa, we got married two months later and after

about 9 months, she received her green card. I imagine you can bring your spouse with you when you move and

do all the filing and paperwork from the states....right??

Nope you assume wrong. That's fraud

[keithbrand 0]

Nope you assume wrong. That's fraud

So the last time we went through the process, it was fraudulent? Well in any case, it worked and there were no questions asked. But this time, she could just visit on a tourist visa and leave and come back every three months until the process is completed then?

[Transborderwife 4,666]

So the last time we went through the process, it was fraudulent? Well in any case, it worked and there were no questions asked. But this time, she could just visit on a tourist visa and leave and come back every three months until the process is completed then?

But did she intend on being married? Did she tell the cbp that she was entering to get married and adjust? There in lies the rub.

She can, but she'd better be prepared to show strong ties to her home country. She may or may not have difficulty entering depending on frequency.

[Ryan H 3,790]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.

[Gretch 11]

Read the book Committed for what can happen when someone tries to just leave the US every three months (short answer: immigration was watching, denied entry, taken into custody, the non-citizen was barred from the US until visa proceedings were sorted--and if the petitioner hadn't been a well-known author, and the beneficiary fairly wealthy, it would probably have been a lot worse). You're fortunate in that you presumably have VWP available so she can visit at least some of the time while you're waiting; my husband is unlikely to be granted a tourist visa.

The first time was judged non-fraudulent since she got the green card, but what you're proposing this time is not according to the letter of the law. It sounds like you need to plan on a long-distance marriage for a year, and feel fortunate that you will probably be able to plan some visits in the US and France.

[JFH 12,189]

But this time, she could just visit on a tourist visa and leave and come back every three months until the process is completed then?

No. The VWP and visitor visas are for visiting. Not for living n the USA in 90-day installments with short trips back to France in between.

Welcome to our world. You're not alone.

[NikLR 13,220]

The VWP gives you 180 days in a year, in 90 day max installments. You can use those 180 days how you wish, but no stay can be longer than 90 days at one time. If weather or unforeseen circumstances causes an overstay, that's your fault and you lose the VWP privilege. In their minds, you should have given yourself more time to leave.