GC holder stayed overseas more than 2 years and bring my wife with me on b1/b2 visa

[drivermessenger 0]

Hello guys,

 

i hope i had opened the topic in the right spot of the form if not so please forgive me!! my situation is very complicated. I hope there is someone could help me or give me an advise. here is my story i will try to explain all in short way. i was married in usa and live there from 2011 to 2015 i never been outside of the U.S more than 45 days during this period. But things went bad in the marriage and i got divorced on late date of 2014 i was already about to make an application of us citizenship but i rather to leave the house of my ex and find my way so i did not applied which i could without needing her signature anyway after that i live as a single one more year in usa then meet my present wife which she is from russia and i went to russia to meet her we met in person decided to get married next year and talked to her mother then when i was about leave the country in the airport i heard  her father came and cost alot of troubles for us. ( he is a military officer) well i flew back to the usa and stay there her father was about to change the home adress her school every information i know he wanted her to disappear from me so i  told her come to my home country we can get married there and i will make petition for you but i did not know in my country hard to get a permit for residence. well i came my home country ( my plan was to go back get citizenship and apply spouse visa for her) my car was still here just closed bank accounts and my ticket was roundtrip. in my country i tried to get a permit her to stay in my country but i was not because i m not working there no more and my home adress located to usa then i have to serve the military so and so then we stuck in my home country i went to military and came back then i got residence for my wife till 2019 and now she is pregnant . but i would like to move back to usa and now i m over stayed here since april 2015 is there any luck for me to get a sb-1 visa (returning LPR visa my gc is valid till 2023)if they will approve me  also i want to be honest i want to take b1/b2 visa for my wife and go together to usa and get married there as well i know my story is really hard to do and like really a dream is there any advise or help ?

 

sorry for my broken english

[Cyberfx1024 7,980]

10 minutes ago, drivermessenger said:

Hello guys,

 

i hope i had opened the topic in the right spot of the form if not so please forgive me!! my situation is very complicated. I hope there is someone could help me or give me an advise. here is my story i will try to explain all in short way. i was married in usa and live there from 2011 to 2015 i never been outside of the U.S more than 45 days during this period. But things went bad in the marriage and i got divorced on late date of 2014 i was already about to make an application of us citizenship but i rather to leave the house of my ex and find my way so i did not applied which i could without needing her signature anyway after that i live as a single one more year in usa then meet my present wife which she is from russia and i went to russia to meet her we met in person decided to get married next year and talked to her mother then when i was about leave the country in the airport i heard  her father came and cost alot of troubles for us. ( he is a military officer) well i flew back to the usa and stay there her father was about to change the home adress her school every information i know he wanted her to disappear from me so i  told her come to my home country we can get married there and i will make petition for you but i did not know in my country hard to get a permit for residence. well i came my home country ( my plan was to go back get citizenship and apply spouse visa for her) my car was still here just closed bank accounts and my ticket was roundtrip. in my country i tried to get a permit her to stay in my country but i was not because i m not working there no more and my home adress located to usa then i have to serve the military so and so then we stuck in my home country i went to military and came back then i got residence for my wife till 2019 and now she is pregnant . but i would like to move back to usa and now i m over stayed here since april 2015 is there any luck for me to get a sb-1 visa (returning LPR visa my gc is valid till 2023)if they will approve me  also i want to be honest i want to take b1/b2 visa for my wife and go together to usa and get married there as well i know my story is really hard to do and like really a dream is there any advise or help ?

 

sorry for my broken english

You have been out of the country for over 2 years now and if you try to come back they will consider you to have abandoned your green card. You can try to go to the embassy and get a returning visa but I seriously doubt it will happen at best. Also what are you going to do with your fiance if you are able to come to the USA, are you going to try bring her here to get married and stay illegally? 

[MeAlone 161]

You will be lucky to get your green card back, no citizenship, your 5 years time will start again, so you could petition your wife as a green card holder. If she comes in B1/B2 visa, she will stay illegal or needs to go back out of US and wait for your petition being approved and her visa as a wife for a green card holder approved. If she stays in US and becomes illegal, it means for her to stay 5 years illegal waiting for you to get the citizenship and petition her as a citizen yet there it will be a question in your citizenship application, did you ever helped any illegal person to stay?

 

This is the best scenario. Another one is you won't get your green card back and you lost your legal residence in US and you will need to live where you are now

[MeAlone 161]

Bringing your fiance to marry her in US, you can marry, it's not prohibited but she can't come on a tourist visa knowing she will stay here, it's a fraud

[geowrian 22,338]

Since you were abroad so long, if you try to return on that green card, they will likely determine that you abandoned it and took of residence abroad. Typically, I would say if you had ties to the US and could be re-petitioned, you could be fine with this route since LPR status won't terminate until an immigration judge makes a determination. But it sounds like that's not the case here, so I think it would be quite risky to try this in this circumstance.

 

You can try for an SB-1 visa, but they are rarely granted and you must show a strong case as for why you were unable to return to the US. To be a little blunt, it sounds like you chose to live abroad for so long...there was nothing compelling you to stay abroad.

 

43 minutes ago, drivermessenger said:

i want to be honest i want to take b1/b2 visa for my wife and go together to usa and get married there

Why not get married abroad since you're with your fiancee now? As others noted, if your plan is for her to stay in the US, this would be fraud.

 

9 minutes ago, MeAlone said:

your 5 years time will start again

Technically it's 4 years + 1 day if you broke continuous residence (as is the case here).

[MeAlone 161]

42 minutes ago, geowrian said:

Since you were abroad so long, if you try to return on that green card, they will likely determine that you abandoned it and took of residence abroad. Typically, I would say if you had ties to the US and could be re-petitioned, you could be fine with this route since LPR status won't terminate until an immigration judge makes a determination. But it sounds like that's not the case here, so I think it would be quite risky to try this in this circumstance.

 

You can try for an SB-1 visa, but they are rarely granted and you must show a strong case as for why you were unable to return to the US. To be a little blunt, it sounds like you chose to live abroad for so long...there was nothing compelling you to stay abroad.

 

Why not get married abroad since you're with your fiancee now? As others noted, if your plan is for her to stay in the US, this would be fraud.

 

Technically it's 4 years + 1 day if you broke continuous residence (as is the case here).

All correct and well explained

[drivermessenger 0]

1 minute ago, MeAlone said:

All correct and well explained

Ps we already married since 2015 Well the thing i was not able to go back to usa bec my Wife had nowhere to go her family does not accept her at all even she will try to go back to Russia she will be in  a trouble big time since her father is military commander. So what i did is i married to her here at least to keep her safe. İ made all my tax returns even the last one while i was still here And got my check i really wanted to apply to her as asylum since father was forcing her not to come back to her own house  i sold my car when i was about to go back to usa even i was in The air plane on way to come usa ( i was out the costum Side in the airport where you waiting departure of international Flight) i did not want to abonded my rights as a LPR i had to stay in here that long so i can apply for her residence here And now she is pregnant 5 months how i could leave like that since There is no one to take care of her. Well i would like to try SB1 visa And lets see how it goes then i can make another step. Thanks for all your answers if i dont try i will never know even sb1 interview i would like to mention all in honest way if they will listen to me though And There are also some cases approved who married gc holder on a b1/b2 visas after aos. Thanks again all

[drivermessenger 0]

1 hour ago, MeAlone said:

You will be lucky to get your green card back, no citizenship, your 5 years time will start again, so you could petition your wife as a green card holder. If she comes in B1/B2 visa, she will stay illegal or needs to go back out of US and wait for your petition being approved and her visa as a wife for a green card holder approved. If she stays in US and becomes illegal, it means for her to stay 5 years illegal waiting for you to get the citizenship and petition her as a citizen yet there it will be a question in your citizenship application, did you ever helped any illegal person to stay?

 

This is the best scenario. Another one is you won't get your green card back and you lost your legal residence in US and you will need to live where you are now

No i never helped anyone illegal way also no criminal background if you mean that 

[Nitas_man 3,100]

9 minutes ago, drivermessenger said:

Ps we already married since 2015 Well the thing i was not able to go back to usa bec my Wife had nowhere to go her family does not accept her at all even she will try to go back to Russia she will be in  a trouble big time since her father is military commander. So what i did is i married to her here at least to keep her safe. İ made all my tax returns even the last one while i was still here And got my check i really wanted to apply to her as asylum since father was forcing her not to come back to her own house  i sold my car when i was about to go back to usa even i was in The air plane on way to come usa ( i was out the costum Side in the airport where you waiting departure of international Flight) i did not want to abonded my rights as a LPR i had to stay in here that long so i can apply for her residence here And now she is pregnant 5 months how i could leave like that since There is no one to take care of her. Well i would like to try SB1 visa And lets see how it goes then i can make another step. Thanks for all your answers if i dont try i will never know even sb1 interview i would like to mention all in honest way if they will listen to me though And There are also some cases approved who married gc holder on a b1/b2 visas after aos. Thanks again all

Bad news:

 

To qualify for SB-1 they first determine whether or not you qualify for an immigrant visa in all other ways. 

 

If you do not, they don't care what your reason was for being out of the country.  When you file the application to determine returning resident status, you bring your green card in and turn it in with your application.  So look at it like this:  You qualify for returning resident status if you can leave your green card at the embassy and still qualify for an immigrant visa if they never give it back.

 

https://travel.state.gov/content/visas/en/immigrate/returning-residents.html

Edited October 4, 2017 by Nitas_man

[Merrytooth 5,748]

4 minutes ago, drivermessenger said:

 And There are also some cases approved who married gc holder on a b1/b2 visas after aos. Thanks again all

Really? How do those people able to adjust status inside US from b1/b2 visa by marrying GC holder?

[geowrian 22,338]

2 minutes ago, drivermessenger said:

Ps we already married since 2015

Okay. You said in your original post that you wanted to go the the USA and get married there, hence the confusion. I'm assuming it was lost in translation.

 

2 minutes ago, drivermessenger said:

There are also some cases approved who married gc holder on a b1/b2 visas after aos.

There's a difference between being able to AOS from a B1/B2 versus entering on a B1/B2 with the intent to stay. As noted before, it is fraud to enter the US with the intent to adjust status.

And to reiterate the above, as an LPR, AOS is not available unless she maintains legal status the entire time, which she cannot do on a B1/B2 anyway.

[Nitas_man 3,100]

2 minutes ago, Merrytooth said:

Really? How do those people able to adjust status inside US from b1/b2 visa by marrying GC holder?

Word

[drivermessenger 0]

10 minutes ago, geowrian said:

Okay. You said in your original post that you wanted to go the the USA and get married there, hence the confusion. I'm assuming it was lost in translation.

 

There's a difference between being able to AOS from a B1/B2 versus entering on a B1/B2 with the intent to stay. As noted before, it is fraud to enter the US with the intent to adjust status.

And to reiterate the above, as an LPR, AOS is not available unless she maintains legal status the entire time, which she cannot do on a B1/B2 anyway.

Ok let me say like this in short way And all of them are scenerio for now if my sb1 visa was approved then will apply b1/b2 visa for my Wife And let her to come usa i heard after 90 days of ur stay you are able to get married its not intent to stay is it not acceptable? Yes i Said i will marry to her in usa otherwise how i can make aos processes for her ?

[drivermessenger 0]

24 minutes ago, Nitas_man said:

Bad news:

 

To qualify for SB-1 they first determine whether or not you qualify for an immigrant visa in all other ways. 

 

If you do not, they don't care what your reason was for being out of the country.  When you file the application to determine returning resident status, you bring your green card in and turn it in with your application.  So look at it like this:  You qualify for returning resident status if you can leave your green card at the embassy and still qualify for an immigrant visa if they never give it back.

 

https://travel.state.gov/content/visas/en/immigrate/returning-residents.html

Yes i know that i have to return my gc to them well if they decide not to approvedmy Sb1 visa then what can i do ? İ can do my best to prove that i did not want to abonded my gc under my Control i serve military 6 months then Applied my Wife to stay here as a legally those takes time to do And she is pregnant have no place to go 

[az2014 381]

13 minutes ago, drivermessenger said:

Ok let me say like this in short way And all of them are scenerio for now if my sb1 visa was approved then will apply b1/b2 visa for my Wife And let her to come usa i heard after 90 days of ur stay you are able to get married its not intent to stay is it not acceptable? Yes i Said i will marry to her in usa otherwise how i can make aos processes for her ?

If she comes to the USA on a B2 visa with the intent to get married and adjust status then this is illegal. End of story.