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

[Chewbacca 18]

Even if you could get your LPR status back (which I doubt you will after staying outside the USA for so long), you cannot bring her on a tourist visa, marry her in the USA (since you're already married to her abroad) and apply for AOS. And since leaving her alone in your home country for 2 years is not an option for you, and I really believe she won't be able to obtain a tourism visa to visit you frequently in those 2 years, I think your best option is stay in your home country with your wife and child. 

It's your fault for leaving the USA when everyone knows that you're not allowed to stay outside the country for more than one year, otherwise you lose your green card. You should have applied for citizenship and you didn't. So it's all on you. Everyone here wants to be with the loved ones, but we have to follow the rules. 

[NigeriaorBust 4,087]

  Even if you get the SB1  ir sounds like your wife doesn't have a valid b1/b2.  There is no way that the pregant wife of a green card holder with no job in the US will be issued a visitors visa.  If she lies about her marital status in trying to get the visa that would be a material misrepresentation and she will never get a visa to the US. 

[Cyberfx1024 7,978]

2 hours 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 😩

What country is this? 

[mindthegap 2,537]

Wouldlovetogiveyousomeadvicebutyourpostgavemeaheadachefromthelackofparagraphs

[Ben&Zian 4,397]

[blooms 63]

 

From what I understood, you have abandoned you PR status by staying abroad for more than 1 year.

I have an acquaintance and she was granted an SB-1 by the embassy, but it was an arduous process. However, she INDEED qualified for sb-1 visa.

So you can try, if they approve you then great. If not, they may want you to surrender the GC. 

 

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

Edited October 5, 2017 by blooms

[Coco8 1,039]

9 hours 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 they approve your SB1 you have to go to the US and resume residence. Your wife will have to wait 2 years to get a GC while she stays in Russia (you'll have to do the paperwork).

 

There is no way she will get a B1/B2. You cannot apply for her. She is not going to get it because (1) She is Russian (2) She is married to a LPR. She cannot get a visitor visa to change status in the US, it is fraud, hence, they do not give them out. Plus, AOS is only if she were married to a US citizen, which she is not. She has to wait outside of the US.

 

There is no more discussion here. Apply for SB1 and let us know what happens.

 

 

[Nitas_man 3,100]

https://eforms.state.gov/Forms/ds117.pdf

 

Here's the application to determine if you qualify to apply for a Visa.  Have fun!

[Hypnos 6,576]

If you try to enter on your current green card you will likely be asked to surrender it by CBP. Should you decline, you will probably then be issued a Notice To Appear in immigration court where they will ask a judge to formally revoke your green card. Either way, I don't think you'll be keeping your status as a permanent resident...

 

... and that renders moot the rest of your question, since you wouldn't be able to petition your wife if you weren't at least an LPR.

 

As others have stated, you can apply for an SB-1 returning resident visa. Given the circumstances as you have described them, I don't think your application gets remotely close to the standard where it would be approved.

Edited October 5, 2017 by Hypnos

[Roel 7,191]

I will never understand how some green card holders can be so oblivious about their responsibilities..  Actual living in the US is kind of an important thing, or an least applying for the re entry permit. And later people are surprised when their status is taken away. 

[Roel 7,191]

I also wish VJ  a "report OP to the immigration for fraud/intent to fraud " button. Not just in this case, but in general lol. 

[sy1983 31]

13 hours 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 

Not anymore buddy , you are no longer one .. 

[sy1983 31]

Here is the logic that always get my mind boggled. You married a USC and was granted a GC because of your marriage and therefore start a life in the USA correct ?

But you got divorced and lived outside of the USA for 2 years. Tell me, in what logic do you think you have the right to live here ? You speak like you are entitled to. 

You have a much better chance putting your wife in the GC lottery and have her apply for you in the future than whatever craze ideas you have right now

[Soup Dragon 104]

14 hours 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 😩

So you married your wife just so she would be safe in your country? 

[drivermessenger 0]

4 hours ago, Sunflower18 said:

So you married your wife just so she would be safe in your country? 

why you guys have to pick up on a word in all sentence and being against to me.

i said so because she can not go back to her mother land .

thats not meaning i m married to her to keep her safe in my country.

i m not that silly to do that after living in usa around 4 years without staying out of the usa more than 45 days.

i did not intent to stay in my home country but what can i do and  as i said before my situation has changed when my wife's family was against to us and won't accept my wife back.

would you marry a person just to keep him/her safe in your country do you think is it only the reason why people getting married ? if i did not love her i would not be here and write asking advice.

8 hours ago, Roel said:

I also wish VJ  a "report OP to the immigration for fraud/intent to fraud " button. Not just in this case, but in general lol. 

wow very nice of you!!!