Can a greencard holder file for is wife if he doesnt work in the usa. (merged)

[Kemesha Campbell 1]

My fiance and i have been together for over 4 years now. We have confirmed wedding plans and just got information that a petition that was filed for him many years ago, when we just met 4 years ago it was in the final stages such as his visa fee was to be paid for and he told his step-mom he doesnt want to come again as he didnt want to leave me behind and having to wait years to file for me. Now we just got info that the file is still open, the visa fee is to be paid for now and we want to take up the opportunity. We are suppose to get married just summer and it has been confirmed. So my question his: what if we push back the wedding date and got married this month. Would this cause his case to be cancelled or would i still be able to be added to the case and accompany him. And if i can accompany after the adjustment of status has been filed. How much longer would we have to wait to migrate together.

[kzielu 1,144]

If he has been petitioned in F1 category, getting married will cancel his petition and none of you will go anywhere. If he immigrates, then gets married and files for you, you will be able to join him in about 2 years.

[Kemesha Campbell 1]

If he has been petitioned in F1 category, getting married will cancel his petition and none of you will go anywhere. If he immigrates, then gets married and files for you, you will be able to join him in about 2 years.

Edited March 6, 2015 by Kemesha Campbell

[Kemesha Campbell 1]

Thanks for replying to my question but however I called the visa center at 6033340700 this morning and ask for advice. I told her the same and she said if his step-mom is a US citizen if we got married all she needs to do is file for adjustment of status. I had a coworker whose mom was filing for him he was at the same stage, just to pay for the visa fee and he got married before and his case was cancelled and when I asked him why it was cancelled he said his mom was filing on a green card she had not gotten her citizenship yet and that was the reason they told her why it was cancelled.

[Darnell 8,478]

visa center gave you wrong advice, maybe - I'm having problems following it, based on mom's citizenship status.

you talk with first person that answered the phone, or a supervisor?

AOS? Adjustment of status? sheesh ! a NVC 'worker' said this? crikey !

since you mentioned a K-1, I must assume you are the USCitizen in the USA. if you're not, please say so.

Suggest this - follow up with the NVC Doc/fees for the other visa, he has the interview in Jamaica, comes into the USA, and marries you.

Why? Instant green card for him, he can work quickly without the big wait involved for a K-1 visa holder.

Edited March 6, 2015 by Darnell

[jamaicankim 89]

so why can't you wait and then get married. it will be better in the long run for both of you. if you get married now it would add additional yrs of wait to his application.

[aaron2020 11,651]

Thanks for replying to my question but however I called the visa center at 6033340700 this morning and ask for advice. I told her the same and she said if his step-mom is a US citizen if we got married all she needs to do is file for adjustment of status. I had a coworker whose mom was filing for him he was at the same stage, just to pay for the visa fee and he got married before and his case was cancelled and when I asked him why it was cancelled he said his mom was filing on a green card she had not gotten her citizenship yet and that was the reason they told her why it was cancelled.

The information you got is wrong. She can not file to adjust him.

Your coworker's story is correct.

[Kemesha Campbell 1]

Yes Darnell a NVC rep. told me that, it was the first person I spoke with that gave me the advice, so I dont know if was a supervisor.

No I'm not us citizen and my fiancé and I r both in Jamaica. His step-mother is the citizen whose filing for him but he didn't want to have to leave me behind.

We are kinda already living a long distance relationship as he works in another Caribbean country while i am in Jamaica but his current job is very

flexible because he gets to come home to Jamaica every month and sometime twice per month. But if he has to leave me behind and then file for

me after he get his green-card we will understand just do that. But we were hoping we could get married first and i could leave with him at the

same time.

Another question: When he migrates gets his green-card, come back and we get married. How long do you think the filing will take to process for me to join him.

[Kemesha Campbell 1]

I can't believe the rep at the nvc told me that i even ask her if the filing wont cancel if we get married before he pays for the visa fee and she said no and ask if his step-mom is a citizen and i told her yes and she said after we get married, his step-mom should apply for adjustment of status so that i be added and accompany him at the same time. Smh wow.

[Pinkrlion 2,607]

You cannot get married, as he has to submit a non impediment of marriage to qualify to immigrate. If it says that he is married, then JA will issue a document that cancels his petition. Once he gets his GC, then he is free to marry and petition for you as a LPR spouse. The timeframe for that petition approval varies.

Edited March 6, 2015 by Pinkrlion

[Kemesha Campbell 1]

Jamaicankim is not that i cant wait because we dont have a problem to wait longer for if it will take a year or 2 more to immigrate if it could work like the nvc rep. told me as we are already doing the long distance relationship at the moment. the long relationship we have now has been taking a toll on him more. i can wait but you know how some men are.

[Darnell 8,478]

ok - you both jamaicans. sorry i missed that, from post #1.

so - after he gets a green card, he can go back and marry you in jamaica,

then file for a visa for you. unsure the length of waiting for you, but budget 2 to 4 years.

IMO - that's gonna be the fastest way for you two - as - if you two married now, he'd lose his current visa eligibility.

Edited March 6, 2015 by Darnell

[Kemesha Campbell 1]

Pinkrlion: Is that an example of a schedule of a filing process for someone after they got married. What do these mean ROC, EAD/AP, CR6

[Kemesha Campbell 1]

ok just spoke to a friend that is now living in the state now they migrated about 4 years now, dont know if her situation would be similar to mine. Her husband brother filed a petition for her husband, her oldest son and his other brother and sister. A couple years later my friend got married to one of the brothers that had been filed for. They later had 2 more children. When the second child was in the 6 grade her husband got a letter saying a visa is now available for him and ask for him to indicate if he was married and he said yes. When the nvc got back the reply they called him contacted him via the telephone, it was a Sunday they told him to go the the us embassy here in Jamaica the immediate Monday for documents to include his wife and the other 2 children.Tthe eldest son that was initially on the filing was near 21 in 2 months time. Little over a month they all did the criminal record (except the last 2 kids), medical examination and the married brother with is wife and 3 children all immigrated before the eldest son became 21.

They were married like 15 yrs already when his visa was available so i don't know what to say. Maybe my case is different but my fiance asked his step-mom to call the nvc about it to see if we can fall in the same category.

So we are waiting to on her to call us back to say what the nvc advice is.

[Starkilla09 366]

ROC = Romoval of conditions - A process which those with temporary 2 year green cards (marriage based green card issued to those married less than 2 years at the time of issuance), get to undergo to remove restrictions to get a permanent one with 10 year validity.

EAD/AP = Employment Authorization Document/ Advance Parole - A hybrid combo card issued in the U.S. Which allows one to travel abroad temporarily and also work while green card application is pending.

CR6 = Conditional Resident Category 6 - It's the greencard category of someone obtained through a marriage less than 2 years at the time of issuance. ( Conditional Greencard).

Pinkrlion: Is that an example of a schedule of a filing process for someone after they got married. What do these mean ROC, EAD/AP, CR6