US citizen bride, Argentinian/Israeli citizen/Canadian perm. res. groom: living in the US, bringing over/caring for family from Arg.

[argentinaUSAcanad 0]

I am an American citizen living in the US and am planning to marry my boyfriend who has dual citizenship in Argentina and Israel, and lives in Canada as a permanent resident.

Here are my questions:

(1) When we get married, in the USA, probably in NYC, where does that put him in the world of immigration? I know that makes him eligible for a green card, but what does that really mean? Does it take years after that? Will he be unable to leave the US for a while (even if he has family who is ill in another country, whom he cares for)?

(2) What if we marry but he doesn't live in the US immediately, and still lives in Canada? (He still has a job in Canada and would prefer not to move to the US until he has a new one here.)

(3) My soon-to-be mother- and brother-in-law are both ill and need care. We would like to bring them to live with us in the US after we are married (they are also both Argentinian/Israeli citizens). Is this possible for me to do?

Additional information: he has PhD in physics and works in engineering so he is a special category for work as a highly trained specialized individual. I was born in the US.

Thank you!

[Harpa Timsah 13,258]

If he needs to travel then the spousal visa is the best route to go to. You can marry, he can go home, and you can file the spousal visa and wait for it to process (it does take 8-10 months or so). That gives plenty of time to settle things with this job in Canada.

Once he gets the spousal visa, he can travel to the US and that will trigger his Permanent Resident Status in the US. He can leave that same day and travel freely. All other options include a period of time where the immigrant cannot travel.

His mom and brother cannot live in the US, though. If he becomes a citizen (at least 3 years after he moves to the US on his spousal visa) then he can petition the mother and brother, the mom can come in about a year, but the brother will have to wait for 12 years or so to be able to move here.

For family immigration, no one is better or worse than anyone else. There are no special categories for family-based US immigration.

Edited August 25, 2013 by Harpa Timsah

[NigeriaorBust 4,087]

Agreed with both of the above , although it might be a tad quicker for the mother to come then petition the brother depending on his age. If they have pre existing conditions requiring expensive treatments you may not only have to show enough income as most people but have to show insurance ( if you can get it ) or the money to pay as new immigrants do NOT qualify for most medical assistance. Also the mother will probably not work enough to ever get social security or medicare and you will have to provide for her.

[NikLR 13,220]

***Moved to what visa do I need from bringing family members of permanent residents to the USA because question is dealing with what visas to multiple types of family members of a USC and LPR***

[aaron2020 11,651]

I am an American citizen living in the US and am planning to marry my boyfriend who has dual citizenship in Argentina and Israel, and lives in Canada as a permanent resident.

Here are my questions:

(1) When we get married, in the USA, probably in NYC, where does that put him in the world of immigration? He remains a foreign visitor - marriage by itself does not change his legal status. I know that makes him eligible for a green card, but what does that really mean? It means that you are eligible to petition for him which eventually leads him to a green card. You have to apply for the green card, it is not automatically granted because of marriage to a US citizen. You want to read the Guides on this forum for your different options for getting him a green card. Does it take years after that? 6 months to a year for a green card after you file. Will he be unable to leave the US for a while (even if he has family who is ill in another country, whom he cares for)? He can leave any time he wants. However, if he tries to adjust status and leaves before getting his AP or green card, then he is considered to have abandoned the process. Since he has immigrant intent (as evidenced by filing to adjust), he would not be let back in without a spousal visa. That entails staying outside the US for 6-12 months while the spousal visa is being processed.

(2) What if we marry but he doesn't live in the US immediately, and still lives in Canada? (He still has a job in Canada and would prefer not to move to the US until he has a new one here.) He can go back to Canada. However, with a US wife who can adjust his status on any visit, it will be harder for him to get across the border. He needs to show strong ties to Canada. Some Canadians married to US citizens have no problem crossing to visit, others do. It will depend on your circumstances.

(3) My soon-to-be mother- and brother-in-law are both ill and need care. We would like to bring them to live with us in the US after we are married (they are also both Argentinian/Israeli citizens). Is this possible for me to do? No. You can never petition for an in-law. Only a US citizen can petition for a parent or sibling. Your husband has to be a green card holder for 3 years and living with you for three years before he can apply for US citizenship. It takes 6-12 months to petition for his mother. It takes 12 years for a brother.

Additional information: he has PhD in physics and works in engineering so he is a special category for work as a highly trained specialized individual. I was born in the US. Neither of this matters for a family based immigration case. The beneficiary's education and specialized training is irrelevant. Whether you were born in the US or naturalize doesn't make a difference.

Thank you!

Before you do anything, you need to brush up on legal paths to immigrate to the US. You do not want to take an illegal path.

There are two legal paths to a green card.

Path 1: Spousal visa. You get marry. He leaves the US. You file for a spousal visa. He may be able to visit depending on your circumstances. In 6-12 months, he arrives in the US with his immigrant visa and automatically gets a green card.

Path 2: Adjustment of Status. If he is already in the US and plans to remain here for at least 3 months, then you can go this route. He abandons the process if he leaves without AP.

ILLEGAL PATH: He is currently outside the US. He enters the US without a K-1 fiancee visa with the intent to marry and adjust his status. It's illegal and different from Path 2 because he violated US immigration laws by having the intent to adjust and immigrate when he entered on a non-immigrant visa. BE VERY CAREFUL HERE. It is not illegal to enter the US to marry. It is illegal to enter the US to marry with the intent to immigrate.

Nothing is automatic. Nothing should be taken for granted. These are not complex procedures. But not understanding the little mistakes that can cause major problems can be devastating. Be careful. Educate yourself before you do anything.

Edited August 25, 2013 by aaron2020

[Boiler 43,696]

Bringing sick people to the US unless you are very wealthy is not a good idea.