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

[Kemesha Campbell 1]

My finace got info that a visa is available now from the nvc. If he immigrates gets his greencard and return to his job in the caribbean. so he would not be working in the states. Can he still file a petition for his wife that resides in jamaica to immigrate to the states.

Does he have to be working in the states to file a petition for his wife?

[jamaicankim 89]

each category is different. when a parent is filing for its either you're under 21 which is about 6 months to 2 yrs or you're single which take about 7 yrs or you're married which is about 10 yrs. brothers and sister filing is about 13 yrs and it doesn't matter is if you're single or married .

Edited March 6, 2015 by jamaicankim

[Starkilla09 366]

The case you just described above is different and won't apply to you since the petition was filed by a U.S. Citizen sibling to sponsor a brother. That petition falls under fourth preference category which has the longest wait time of 12 years on average on most countries and as long as 22 years in Philippines and Mexico. It allows a U.S. citizen's sibling to immigrate as a brother or sister together with their spouses and minor children.

Edited March 6, 2015 by Starkilla09

[Darnell 8,478]

1. he can file after his greencard in hand

2. he has to show income in usa or have a joint sponser (study I-864)

3. he has to have established domicile in the usa (study I-864)

4. foreign income not count, but usd in usa bank account does (study I-864)

finally, I-864 not evaluated/adjudicated until interview day, which for you, i think, might be 2 to 4 years past his date of receiving a greencard.

[Kemesha Campbell 1]

Ok thanks i understand now learning a lot about from you guys. So i guess i have to let my fiance know we cant get married before he immigrates. i honestly didn't want to hurry our wedding either from summer because the planning is going so good so far.

[ChicagoSarah 127]

how will he move back to the caribbean without abandoning his greencard and US resident status?

[Kemesha Campbell 1]

where he works in the Caribbean, it is us$ that he works. so what would he need to file to be allowed to work in the Caribbean. it wouldn't be for long just so that he can save some money to go live in the states. so my question is, can he inform the state hes working in the Caribbean and still be able to file for his wife. We can get family members to sponsor me. my dad his wife and my fiance have his dad and step-mom also who can stand for other sponsors. So is it possible

[aaron2020 11,651]

Hi,

A green card is for living in the US. If he returns to his job in Jamaica, he will not be able to petition for you. He must live in the US to petition you.

[Penguin_ie 5,986]

***** Moving from Bringing Family of US Citizens to Bringing Family of Greencard holders forum ****

[Jawaree 717]

When he obtain GC he should be living and paying tax

in the US, as a new-comer he needs to be providing

a home and stability for you to join him even if

he will be having co-sponsors, going to another

country to work would be GC abandonment, hope he does

not tell them this plan at his interview.

Get married after he get his GC then he can file for you

[hari29 24]

where he works in the Caribbean, it is us$ that he works. so what would he need to file to be allowed to work in the Caribbean. it wouldn't be for long just so that he can save some money to go live in the states. so my question is, can he inform the state hes working in the Caribbean and still be able to file for his wife. We can get family members to sponsor me. my dad his wife and my fiance have his dad and step-mom also who can stand for other sponsors. So is it possible

Ok...There are lot of info floating here. Just to make it clear...If your fiancé gets his greencard, he needs to stay and work in USA atleast 6 months and one day in a calendar year to be able to keep his greencard until he gets his citizenship in 5 years. If he gets his greencard and moves back to Jamaica and works and lives there for long periods (like more than 6months), then the next time he tries to come in to USA, the immigration officer at the airport may detain him, revoke his greencard and send him back. There is a way to go around it by getting a Re-entry permit which is valid for 2 years. With that he can stay out of USA for upto 2 years without abandoning his greencard. He can apply for your visa while he is on Re-entry permit. He has to apply for this permit after he gets his greencard. He has to come back to USA after that 2 years or else he will lose his greencard.

Now coming to your visa, since your fiancé is the one petitioning your visa as a greencard holder, he needs to show Affidavit of support (AOS) in form I-864 saying that he has enough financial means to support you in USA. You fiancé has never worked in USA. So it will impossible for him to show that. But someone else can co-sponsor you e.g. his stepmom. But she also need to show that she has enough income and assets in USA to support you.

She needs to make 125% of the minimum requirement of poverty level (this is like 20000 $/year...little less than that). If she is supporting more people, she needs to make more money to sponsor you.

At current conditions, your visa takes 2 years approximately. I would suggest you contact an immigration attorney and talk about all your options. In any case, just like all of us, you have to endure long periods of separation.

Hope this helps

[Kemesha Campbell 1]

hari29: ok, I think your advice fits well with our plans we had already. My fiancé did not want to resign his job here until a year or so to secure is pension with that company. So i will let him know he can apply for Re-Entry permit so that he doesn't abandon his GC and to allow him time to secure his pension there and also have him file a petition for me at the same period of his Re-Entry permit. My dad own his own business and my step-mom is a LPN nurse so i amgood for a co-sponsor.

I will tell him not to let them know at his interview what he his planning to do Jawaree.

Thanks a lot everyone, if you guys only new how much you have been helping us. Appreciate it.

Does anyone know how long after receiving his GC he can apply for the Re-Entry permit and how soon after can he file a petition for me.

[Jawaree 717]

Can he get a leave of absence from TT for 6 mths(he could then work in US)

He can petition you after he receive GC then marry you

At 6 mths mark working in the US he can apply for re-entry (must be done in US)

[Kemesha Campbell 1]

I don't think so but its worth asking his employer. What if he cant get 6 months leave of absence, do you think he will have to resign his job?

[hari29 24]

I don't think so but its worth asking his employer. What if he cant get 6 months leave of absence, do you think he will have to resign his job?

He needs to be in USA to apply for re-entry permit. It takes atleast couple of months for the permit to be approved by USCIS if it will be approved. Asking for a re-entry permit immediately after receiving the greencard is a red flag. You might want to wait for few months before you do that. You also need a good story why you want to stay out of USA. Also it takes couple of months to get the greencard after your fiancé comes here.

In all, he will need to stay in USA for at least six months before he can apply for re-entry permit and your visa. Plan for that.