ANY LPRs TRYING TO PETITION HUSBAND AND WIFE FOR A GREENCARD HERE IN THE US

[-mitch- 3]

we made it on the top of the list you guys for which the administrator has to close the thread for management purposes.

now, lets start a new one and work hand in hand again.

[RICARDO4EVA2 194]

Are you going to be around after your approval in a few short months to keep the thred going/updated?

[martintxo 0]

Hi everyone,

I have been reading for a while, and after having read thousands of comments in separate forums, I finally decided to ask a question here since people here seem very knowledgeable and extremely friendly. I have several questions regarding my situation, but one thing I hope I have misunderstood, is can my spouse be in the US with me while I apply for her LPR through the I130? I always assumed she could, but I have read some comments which make it seem like this is not the case.

I am actually not married yet, but will be getting married abroad next month. I will return alone, but my soon-to-be-wife was going to come in the fall as a tourist, at which point I planned on filing her I130 and assumed she could stay here while the (long) process chugs along. Is this correct? Or will she have to leave before her 3 month visa is up and therefore can only come in 3 month intervals?

Anyway, thanks a lot in advance for your help.

PS Things are so confusing that I was thinking of doing things through a lawyer, even though the costs are astronomical. In people's experience, is this helpful/necessary?

[Frank_kay 0]

Hi everyone,

I have been reading for a while, and after having read thousands of comments in separate forums, I finally decided to ask a question here since people here seem very knowledgeable and extremely friendly. I have several questions regarding my situation, but one thing I hope I have misunderstood, is can my spouse be in the US with me while I apply for her LPR through the I130? I always assumed she could, but I have read some comments which make it seem like this is not the case.

I am actually not married yet, but will be getting married abroad next month. I will return alone, but my soon-to-be-wife was going to come in the fall as a tourist, at which point I planned on filing her I130 and assumed she could stay here while the (long) process chugs along. Is this correct? Or will she have to leave before her 3 month visa is up and therefore can only come in 3 month intervals?

Anyway, thanks a lot in advance for your help.

PS Things are so confusing that I was thinking of doing things through a lawyer, even though the costs are astronomical. In people's experience, is this helpful/necessary?

Hi,

I have gone through a lawyer and I think that the cost is not worth it, it's relatively simple and with the wealth of knowledge here I don't think it's necessary, and a lawyer can't "speed it up" they just assist, you still have to fill out the forms- that being said I like the piece of mind that comes from having a lawyers assistance. (i found these forums after hiring a lawyer)

In regard to your fiance (I'm assuming) She will have to leave after the VW expires (unless she gets a H1B or some other type of dual intent visa) defiantly do not overstay as this will cause a range of problems.

I have visited twice now and the first time I stayed for just under 3 months and the second time 2 weeks (however i got puled into secondary questioning the second time- i think this was due to my long stay) so i'm hoping they let me in for Christmas!

Welcome to the board and good luck with your journey the people here are a great source of help!

[martintxo 0]

Hi,

I have gone through a lawyer and I think that the cost is not worth it, it's relatively simple and with the wealth of knowledge here I don't think it's necessary, and a lawyer can't "speed it up" they just assist, you still have to fill out the forms- that being said I like the piece of mind that comes from having a lawyers assistance. (i found these forums after hiring a lawyer)

In regard to your fiance (I'm assuming) She will have to leave after the VW expires (unless she gets a H1B or some other type of dual intent visa) defiantly do not overstay as this will cause a range of problems.

I have visited twice now and the first time I stayed for just under 3 months and the second time 2 weeks (however i got puled into secondary questioning the second time- i think this was due to my long stay) so i'm hoping they let me in for Christmas!

Welcome to the board and good luck with your journey the people here are a great source of help!

Thanks for the quick frank_kay. I will think about the lawyer thing. However, the news about my fiancee having to leave after the VW expires is very depressing. I assumed she could stay here during the process. We have already been apart for a few years.... Is there no way around this? I have coworkers who came under visas here and were able to bring their wife with them. We as LPR's cannot do the same? Basically then, until the priority date becomes active, she cannot stay here? How often would you come visit here? A few times a year, or is that looked down upon?

Thanks again for the help

[Jojo92122 1,924]

Hi everyone,

I have been reading for a while, and after having read thousands of comments in separate forums, I finally decided to ask a question here since people here seem very knowledgeable and extremely friendly. I have several questions regarding my situation, but one thing I hope I have misunderstood, is can my spouse be in the US with me while I apply for her LPR through the I130? I always assumed she could, but I have read some comments which make it seem like this is not the case.

I am actually not married yet, but will be getting married abroad next month. I will return alone, but my soon-to-be-wife was going to come in the fall as a tourist, at which point I planned on filing her I130 and assumed she could stay here while the (long) process chugs along. Is this correct? Or will she have to leave before her 3 month visa is up and therefore can only come in 3 month intervals?

Anyway, thanks a lot in advance for your help.

PS Things are so confusing that I was thinking of doing things through a lawyer, even though the costs are astronomical. In people's experience, is this helpful/necessary?

If you are an LPR, there is absolutely no way for your wife to "wait" in the US for a green card. It takes 3-4 years for an LPR to petition for a spouse. Filing the I-130 and I-865 concurrently to adjust her status will not work because she will not have a current Priority Date. If she stays after her I-94 expires, she becomes an overstay. There is no "forgiving" of an overstay for the spouse of an LPR. The AOS will be denied, she will be deportable, and she could end up with a 3 or 10 years ban from the US.

If you are a US citizen, she may be able to adjust her status in the US. However, it is illegal to enter the US on a visitor visa with the intent to adjust. While many have done and gotten away with it by hiding the fact that the foreign spouses entered the US with the intent to immigrate, the consequences are severe. Your wife could ended up being deported and ban from the US, or she could end up getting away with entering the US on a visa visa with the intent to immigrate.

Since you and your fiancee (future wife) are intending that she enters the US on a visitor visa with the intent to file the I-130 afterwards, you are taking a big and unnecessary risk which could be detrimental to both of you. God forbid that she gets deported after having children.

Do it the right and legal way. If you are a US citizen, apply for a K1 visa (fiancee visa) and then adjust her status after you get marry here in the US. If you file after she gets marry, she should wait in her country for a visa.

[martintxo 0]

If you are an LPR, there is absolutely no way for your wife to "wait" in the US for a green card. It takes 3-4 years for an LPR to petition for a spouse. Filing the I-130 and I-865 concurrently to adjust her status will not work because she will not have a current Priority Date. If she stays after her I-94 expires, she becomes an overstay. There is no "forgiving" of an overstay for the spouse of an LPR. The AOS will be denied, she will be deportable, and she could end up with a 3 or 10 years ban from the US.

If you are a US citizen, she may be able to adjust her status in the US. However, it is illegal to enter the US on a visitor visa with the intent to adjust. While many have done and gotten away with it by hiding the fact that the foreign spouses entered the US with the intent to immigrate, the consequences are severe. Your wife could ended up being deported and ban from the US, or she could end up getting away with entering the US on a visa visa with the intent to immigrate.

Since you and your fiancee (future wife) are intending that she enters the US on a visitor visa with the intent to file the I-130 afterwards, you are taking a big and unnecessary risk which could be detrimental to both of you. God forbid that she gets deported after having children.

Do it the right and legal way. If you are a US citizen, apply for a K1 visa (fiancee visa) and then adjust her status after you get marry here in the US. If you file after she gets marry, she should wait in her country for a visa.

OK thanks for the help. I am an LPR, so I guess I will have to file the I130 when I come back in August (she will stay abroad). My other option is to wait to file for citizenship. I have been an LPR for over 25 years. However, I spent the last 5 years abroad in graduate school, and only returned last year. I have read that I have to physically be in US for 30 months in previous 5 years, so I suppose that means I will have to wait until the end of next year to apply for citizenship. Once I apply for citizenship and assuming I am approved, is that equivalent to having a current priority date, meaning she will finally be able to come here? In addition, in the interim period between August and my filing for citizenship, she can at least come as a tourist say for 2 and a half months at a time, right? Say, for xmas, bdays, etc. Is their a possibility that she will not be allowed entry even if she comes as tourist?

My other option is to relinquish my LPR status, and get an H1B visa through my employer. Many people I work with arrived with an H1B and were able to bring their spouse. Even though she couldn't work, at least we would be together. Has anyone every thought about doing this?

Thanks a lot everyone!

[Jojo92122 1,924]

OK thanks for the help. I am an LPR, so I guess I will have to file the I130 when I come back in August (she will stay abroad). My other option is to wait to file for citizenship. I have been an LPR for over 25 years. However, I spent the last 5 years abroad in graduate school, and only returned last year. I have read that I have to physically be in US for 30 months in previous 5 years, so I suppose that means I will have to wait until the end of next year to apply for citizenship. Once I apply for citizenship and assuming I am approved, is that equivalent to having a current priority date, meaning she will finally be able to come here? In addition, in the interim period between August and my filing for citizenship, she can at least come as a tourist say for 2 and a half months at a time, right? Say, for xmas, bdays, etc. Is their a possibility that she will not be allowed entry even if she comes as tourist?

My other option is to relinquish my LPR status, and get an H1B visa through my employer. Many people I work with arrived with an H1B and were able to bring their spouse. Even though she couldn't work, at least we would be together. Has anyone every thought about doing this?

Thanks a lot everyone!

As an LPR, you can file an I-130 for her when she becomes your wife. This would be an F2a case, LPR petitioning for a spouse, which has a current wait of 3-4 years for a visa.

When you become a US citizen, you need to upgrade the I-130 petition by sending in a copy of your marriage certificate. This will move your wife's case from the F2a category to the Immediate Relative category. A visa would then be available to her.

I don't thinking giving up your green card for an H1-B visa is a good idea. You would lose your H1-B status if you lost your job. This would mean that you and your wife would have to leave the US. God forbid if you die, your wife would lose her status and have to leave the US. If you suffer an illness and can't work, what happens then? An H1-B visa holder is a much more precarious situation than an LPR. Don't give up your green card.

Edited June 23, 2011 by Jojo92122

[-mitch- 3]

Are you going to be around after your approval in a few short months to keep the thred going/updated?

im already approved and is excitedly waiting for his interview this coming tuesday. visa will be there in 2-3 days and he'll be here right after his PDOS! im praying its not gonna take a month for all these... im aiming that he'll be here JULY 8

i will stick around as much as i can to help answer questions and all... been checking this site twice a day for 2 years now and its been a part of my daily routine and i believe it will be hard to take that out.

[martintxo 0]

As an LPR, you can file an I-130 for her when she becomes your wife. This would be an F2a case, LPR petitioning for a spouse, which has a current wait of 3-4 years for a visa.

When you become a US citizen, you need to upgrade the I-130 petition by sending in a copy of your marriage certificate. This will move your wife's case from the F2a category to the Immediate Relative category. A visa would then be available to her.

I don't thinking giving up your green card for an H1-B visa is a good idea. You would lose your H1-B status if you lost your job. This would mean that you and your wife would have to leave the US. God forbid if you die, your wife would lose her status and have to leave the US. If you suffer an illness and can't work, what happens then? An H1-B visa holder is a much more precarious situation than an LPR. Don't give up your green card.

When you say 3-4 years, I assume you refer to when the priority is expected to become current, correct? We will marry in July, and when I come back to the US I plan on filing the I-130 then. Eventually, when I finally am able to become a citizen, I would then be able to have her come, assuming the priority date hasn't become current by then (which is highly unlikely from what I have read). If she can visit me on a regular tourist visa during the wait, of course for less than 3 months at a time, then I wouldn't have too much of a problem with it.

Depending how long it takes, I may give up the green card. I want to have children at some point and do not wish to wait forever. My current position is secure for a couple more years. I will probably just end up going back to Europe if it becomes drawn out. I would actually feel welcome there.

Thanks again for the help. Your comments are greatly appreciated!

[Frank_kay 0]

Thanks for the quick frank_kay. I will think about the lawyer thing. However, the news about my fiancee having to leave after the VW expires is very depressing. I assumed she could stay here during the process. We have already been apart for a few years.... Is there no way around this? I have coworkers who came under visas here and were able to bring their wife with them. We as LPR's cannot do the same? Basically then, until the priority date becomes active, she cannot stay here? How often would you come visit here? A few times a year, or is that looked down upon?

Thanks again for the help

Yes it is depressing! I came for 3 months in winter 1 month currently and hopefully back for Christmas. I think if you have an H1B you cna bring a spouse but they can't work i think...

[martintxo 0]

Yes it is depressing! I came for 3 months in winter 1 month currently and hopefully back for Christmas. I think if you have an H1B you cna bring a spouse but they can't work i think...

I am leaning towards getting the H1B. It is true my wife will not be able to work, but at least we will be together. I'd rather live together and start a family, then work apart and have to wait several years...

I have an appointment with a lawyer tomorrow. Hopefully he can give some good advice on what to do. Thanks for the info everyone!

[kzielu 1,147]

I am leaning towards getting the H1B. It is true my wife will not be able to work, but at least we will be together. I'd rather live together and start a family, then work apart and have to wait several years...

I have an appointment with a lawyer tomorrow. Hopefully he can give some good advice on what to do. Thanks for the info everyone!

If you already are an LPR, I am not sure if you can get an H-1B, since being LPR means you can work and do not need it. H-1B alone does not do anything for your spouse, you'd have to get H-4 (if I recall correctly for her).

[martintxo 0]

If you already are an LPR, I am not sure if you can get an H-1B, since being LPR means you can work and do not need it. H-1B alone does not do anything for your spouse, you'd have to get H-4 (if I recall correctly for her).

I would have to go to an embassy abroad and give up my LPR status. Then I would have to apply for the H-1B. It seems really backwards, but for now seems like my only option if I want my wife to come live with me (with an H-4 of course). I have to make sure my employer is OK with this, but my lawyer also recommended this option. If people who are in a similar position are interested I can let you know how things progress.

Thanks again for the help!

[RCozerCA 0]

I would have to go to an embassy abroad and give up my LPR status. Then I would have to apply for the H-1B. It seems really backwards, but for now seems like my only option if I want my wife to come live with me (with an H-4 of course). I have to make sure my employer is OK with this, but my lawyer also recommended this option. If people who are in a similar position are interested I can let you know how things progress.

Thanks again for the help!

My wife was LPR and I'm Canadian. We decided to wait 5 years until she could apply for US Citizenship. Then she applied for my I-551 which took about 1 year for the whole process. So, after 6 years of marriage, my wife and I are finally living together in USA. Yes, it was tough to do that.

If you give up LPR then (I think) you are back to square one if you ever decide to apply for it again. At least right now you are closer to applying for US Citizenship, after which you wife can get I-551 too. Then she can apply for US citizenship in 3 years after receiving I-551.

So the question is your long term plan to return to your current country of citizenship or to immigrate to USA.

Cheers