Process of wife and kids to join husband who got greencard.

[W.Nduts 0]

My husband went to the states using the F2 Visa (family based visa i.e got a green card for 10years),me and our two kids are currently in Africa and would like to join him.Kindly advise on the best and quick way forward to join him.Thank you in advance.

[aaron2020 11,651]

Hi,

How old are the kids?

You husband will need to file an I-130 for you. The kids are included if they are under age 21 and are single.

It will take about 2 years for visas to become available.

Best of luck.

[NikLR 13,227]

Uhm... how did he get F2 when he's married?

• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)

https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html

Or did he get that BEFORE you were married?

If so then follow the path from aaron2020.

Edited June 4, 2016 by NLR

[W.Nduts 0]

Thank you for your response.

The kids are both under 5years.

His visa was initially applied for under unmarried son,then we got married at our homeland after his visa came through.

Is it still the same process of applying the i-130?

[aaron2020 11,651]

Thank you for your response.

The kids are both under 5years.

His visa was initially applied for under unmarried son,then we got married at our homeland after his visa came through.

Is it still the same process of applying the i-130?

After the visa came through?

Did you get marry before he immigrated to the US?

His visa was for an unmarried son. Was he married when he immigrated to the US?

[aleful 1,905]

Hi

exactly, I hope you didn't get married before he entered the US

he could only marry you after he entered and returned to his country

[W.Nduts 0]

After the visa came through?

Did you get marry before he immigrated to the US?

His visa was for an unmarried son. Was he married when he immigrated to the US?

Yes,when his visa was being applied it was for unmarried son,it took a long time before he got it,within this period we met and got two kids,when the visa came we got married before he immigrated back to the US.

How do we go about that?

[aleful 1,905]

hi

big mistake, he committed visa fraud since he needed to enter the country unmarried,

so he lied to the immigration officers at port of entry? he handed in his packet and he got a visa for being an unmarried child of a resident, while he already was married

he should return to his country and hand in the GC, once his parent becomes a USC, they can file for him as a married child of a USC, it will take many years but that's the right thing to do

he cannot file for you or your children, and he can never file for citizenship since he committed fraud by entering married

[Reymund 1]

Yeah Aleful is right. Your husband commited a visa fraud in his point of entry in the US. It may be use as a subject for deportation. A very big mistake.

[aaron2020 11,651]

Yes,when his visa was being applied it was for unmarried son,it took a long time before he got it,within this period we met and got two kids,when the visa came we got married before he immigrated back to the US.

How do we go about that?

What does "immigrated back" mean?

If he was married when he used the immigration visa, then it's visa fraud.

Best to seek the advice of an experienced immigration lawyer to sort out his mess before he does anything else.

Why did you think it was okay for him to marry before he immigrated to the US?

Edited June 4, 2016 by aaron2020

[Transborderwife 4,666]

Yes,when his visa was being applied it was for unmarried son,it took a long time before he got it,within this period we met and got two kids,when the visa came we got married before he immigrated back to the US.

How do we go about that?

Big mistake

[MacUK 983]

Yes,when his visa was being applied it was for unmarried son,it took a long time before he got it,within this period we met and got two kids,when the visa came we got married before he immigrated back to the US.

How do we go about that?

You need to give us a more precise timeline.

When he got his visa did he marry you BEFORE he used that visa to go to the US?

Or did he go to the US still unmarried and then return to your country to marry you?

[templeton 120]

F2s must remain unmarried throughout the immigration process. In other words, if he was married at the time he used his visa, which SEEMS to be the case (based on what the OP has stated), he committed immigration fraud. While your intentions may have been innocent, there are obviously now going to be huge consequences.

As long as USCIS remains unaware of the marriage, he can probably fly under the radar and remain "legal". But petitioning you and your children to now immigrate would obviously bring his marital status to light, and obviously it wouldn't take long during the background checks for them to uncover that you were married before he immigrated. They would then likely invalidate his green card and deport him.

Either way, you likely have no legal path to the US at this time. Sorry.

Edited June 5, 2016 by templeton

[Cathi 5,771]

looks like he waited to get his visa until he got married, but did not wait until he immigrated to get married. Not very smart, he committed visa fraud. As Aleful said, he needs to turn in his green card and return home. He has to wait for his parents to become citizens, then they file for him, It will take a very, very long time-years upon year before he gets a visa.

[Boiler 45,673]

I always understood it to be marital status at the time of the interview to be the one that mattered.