Jump to content
drivermessenger

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

139 posts in this topic

Recommended Posts

Posted
46 minutes ago, Nitas_man said:

Unfortunately stating in one post that you are already married and in a couple of posts later saying that you will marry and adjust status in the US are contradictory. 

İ already Said at the beginning that i am married to her in here. İf we both enter to usa as i am gc holder And she has visa should not i married to her in usa as well to start aos process ? İ did not play around did i Said she was my fiancee or not married to her yet İ have broken English maybe you guys misunderstood 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
1 minute ago, drivermessenger said:

İ already Said at the beginning that i am married to her in here. İf we both enter to usa as i am gc holder And she has visa should not i married to her in usa as well to start aos process ? İ did not play around did i Said she was my fiancee or not married to her yet İ have broken English maybe you guys misunderstood 

Married is married everywhere, you don't need to marry her in the US again.

There are many, many difficult steps to see if she even could come to the US with you. Even if you could come yourself. So don't worry about that yet.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
2 minutes ago, drivermessenger said:

And she has visa should not i married to her in usa as well to start aos process ?

Under what basis do you think she can AOS?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
1 hour ago, drivermessenger said:

...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 ?

You are already married. You cannot marry her again. And you cannot AOS because 1) you would be an LPR (if you somehow got back into the US), and 2) you cannot enter the US on a tourist visa with intent to AOS...this is fraud. I don't think we can make it any cleared for you: AOS is not an option.

 

What you can do, if you are somehow able to maintain your LPR status, is file an I-130 for her to get an immigrant visa. ETA: ~2 years form filing to visa in hand. That is your legal path.

 

1 hour ago, drivermessenger said:

Well then let say she came to visit And Meet me then decided to get married so its not counted as intent ? İs There any law  she cant marry ?

1) Don't play word games. You have expressed that you want her to stay in the US.

2) She cannot marry as she is already married to you.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
26 minutes ago, JR loves JR said:

You would be better off finding a way to get your wife legal residency in your home country than trying to get approval for you to return as a LPR AND then your wife getting legal status in America. 

Once i got married her in here she became legal residence but took a lot of time to get all paper works done in here i Must do it otherwise she will be deported and banned from here as well thats why i married to her in here to make sure she is safe to stay here then we can try to move to usa but its seems really hard to do that way coz she cant go back her home family wont accept her no more by the way in here you have to have serve the military of your göverment you cant escape or excuse from it so when i returned from usa they took me..... what all you Said is basicly means forget about usa And live ur life how it is 😩

Posted
9 minutes ago, geowrian said:

You are already married. You cannot marry her again. And you cannot AOS because 1) you would be an LPR (if you somehow got back into the US), and 2) you cannot enter the US on a tourist visa with intent to AOS...this is fraud. I don't think we can make it any cleared for you: AOS is not an option.

 

What you can do, if you are somehow able to maintain your LPR status, is file an I-130 for her to get an immigrant visa. ETA: ~2 years form filing to visa in hand. That is your legal path.

 

1) Don't play word games. You have expressed that you want her to stay in the US.

2) She cannot marry as she is already married to you.

Look i am not playing here if you believe so no need to answer noone is forcing you period... i already Said she has no where to go And plus she is my Wife i want her to be with me And more important thing she is pregnant i m not that crazy to ruin our life but trying to best option for us to stay together while she is pregnant if we can in usa And have nobody other than me well i dont also want to put my self in trouble And her making illegal things but the situation i have is looks impossible

Posted
4 minutes ago, drivermessenger said:

Look i am not playing here if you believe so no need to answer noone is forcing you period... i already Said she has no where to go And plus she is my Wife i want her to be with me And more important thing she is pregnant i m not that crazy to ruin our life but trying to best option for us to stay together while she is pregnant if we can in usa And have nobody other than me well i dont also want to put my self in trouble And her making illegal things but the situation i have is looks impossible

It's against the TOS to tell users not to comment.

 

I understand. She has nowhere to go. She is pregnant. You want to be with her. But that doesn't impact her ability to live in the US. There is no legal way for her to stay in the USA with you for at least about 2 years at the soonest. The legal option is for you to file an I-130, wait for an immigrant visa number to become available, then she can apply for an IR-1 visa.

 

Illegal activities are not an option here and you will not find them on this website.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted (edited)
22 minutes ago, drivermessenger said:

Once i got married her in here she became legal residence but took a lot of time to get all paper works done in here i Must do it otherwise she will be deported and banned from here as well thats why i married to her in here to make sure she is safe to stay here then we can try to move to usa but its seems really hard to do that way coz she cant go back her home family wont accept her no more by the way in here you have to have serve the military of your göverment you cant escape or excuse from it so when i returned from usa they took me..... what all you Said is basicly means forget about usa And live ur life how it is 😩

This is not correct. She will NOT become a permanent resident because you are NOT a US citizen. ONLY A US CITIZEN CAN MAKE THEIR WIFE A PERMANENT RESIDENT FROM A TOURIST VISA. 

 

You are NOT a US citizen. So when your wife enters and stays, she will become illegal.

 

The only option you have is to file a spousal visa for her which will take 2 years. She can continue to visit. But she can not overstay her visits and she must complete the process in her own country.

 

Once again... since you are NOT a US citizen, your plan to bring your wife here on a tourist visa and make her a permanent resident will not work.

 

ETA: That is just one issue. You still don't know if you will even continue to be a permanent resident since you have been out of the US for so long. What is your back up plan if you have lost your permanent resident status? Speak with an immigration lawyer soon about these issues. 

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: F-1 Visa Country:
Timeline
Posted

I think you should consult a good lawyer.  Get your GC status straighten out and then take  the next step; how to get your wife legal into the country.

Personally my main concern would be if you're still considered a LPR and that's something a lawyer can help you with.

 

Good luck.

 

 

 

 

 

 

 

image-2017-12-29 (1).jpg

Posted
2 hours ago, Mollie09 said:

I think OP is under the assumption that he would need to get married again in the US to have a legal marriage here. That's not the case, the US recognizes marriages done anywhere as long as they are not bigamous or break US law in any other way.

You're right, and as far as I understand getting legally married again, even with the same person, would not be smart at all because I understand that you can only have one marriage at time and I think that it would be consider bigamy.

02/14/2012 - Meet in person for the first time after talking online for over a year! :wub:

04/11/2012 - His first Visit to Brazil!!! (He was there twice).

09/12/2012 - Trip together to Cancun.

09/18/2012 - My First arrival/visit to United States (I visited about 4 to 6 times until my last arrival)

09/27/2016 - Last Arrival on B1/B2 Visa

02/01/2017 - MARRIED!!!

05/28/2017 - Package Sent

05/30/2017 - Package delivered 

06/09/2017 - Package returned (outdated I-130)

06/12/2017 - New package sent

06/14/2017 - New Package delivered

06/20/2017 - Check cashed

06/21/2017 - e-mails and texts received

06/24/2017 - Notice of action (Acceptance letter) received in the mail.

06/30/2017 - Biometrics appointment received in mail.

07/03/2017 - Biometrics done! (it was a successful walk in, my appointment was 07/10)

09/02/2017 - Service Request for EAD.

09/25/2017 - Call to tier 2 after no update on SR.

09/25/2017 - New Card Is Being Produced!!! (YAY)

09/30/2017 - EAD in hands!!!

04/08/2018 - Online Status Changed! - Interview Scheduled!!!

04/11/2018 - Inteview letter on the mail!

05/11/2018 - Interview at West Palm Beach field Office - Approved on spot!!!

Posted
2 minutes ago, GabiMatch said:

You're right, and as far as I understand getting legally married again, even with the same person, would not be smart at all because I understand that you can only have one marriage at time and I think that it would be consider bigamy.

I think the issue is how would you even get legally married again in the US? Marriage applications (at least in the US) require you to state that you are not married and/or how previous marriages were dissolved (and sometimes the clerks or a judge will require you to take an oath as well).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...