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How soon a new LPR may file petition for his/her spouse

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Hi everyone. 

 

I got few questions, cannot find any information about it (specially first one). My mom will get a LPR status soon and she needs to file petition for her husband (my stepfather, I cannot file petition for him). We would like to do it as soon as it possible to shorter time when they cannot live together here. Here is my questions:

 

1. When she will arrive in the Airport she will get a stamp in her passport. Do we have to wait her Green Card and SSN to file petition or the stamp is enough and we do not need SSN? Can we file petition right in the first day? Any experience?

 

2. He has a visitor visa and would like to come with her for couple months while they do petition. Then they are planning to go back to stay together. Does it going to be a problem for him to cross the border with his wife who becomes a LPR? He was in U.S. for 4 times already,  each time for 2 months.

 

3. Just wonder if here is any LEGAL way (no any illegal ways accepted) for him to stay here for 2 years while his visa will be current. Just to stay with the family, no work permit or something else. I was thinking about F1 visa to study English (he will need it anyway), but he is about 50 years old with High School Degree and I do not think his F1 visa will be approved (specially if his wife is LPR).

 

Thanks for recommendations.

 

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Posted (edited)

1. No she doesn’t have to wait to get her green card physically. She can put in a petition for him the very next day after being admitted as a LPR using her endorsed immigrant visa as evidence of it. She equally doesn’t need to wait to receive her SSN.

 

2. He can visit with his visit visa, however; having a pending immigrant petition increases the risk of being denied entry because it now makes his non-immigrant intent weak with a spouse who is already a permanent resident. He will need to have strong ties just in case to demonstrate he will depart the U.S. after initial brief visit and continue to wait for the process overseas. He has better odds since he’s been a regular visitor 4 times and departed though it’s not a 100% guarantee. Also as a LPR his wife is allowed to have short stay trips overseas but want to keep it minimal under 6 months preferably and needs to spend more of her time in the U.S. than out or risk losing her residency. 

 

3. The only other way to stay lawfully in the U.S. for 2 plus years will be for him to have a non-immigrant visa that allows a long stay and must be in lawful status the entire time such as student or work visa. Factoring his age and education it will be hard and besides F-1 requires strong financial commitments to pay tuition all the time. His best bet will be to wait it out and visit his wife temporarily time to time. He just wants to make sure he’s spending more time out of the U.S. though than within or risk being denied entry. In addition your mom can also visit and spend time with him abroad as well while the process phases.

Edited by Starkilla09

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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Answer to #3 is No.  Next to impossible for spouse of an LPR spend 2 years in the US considering age of the beneficiary.  Most immigrants start out spending considerable time (months/years) away separated from loved ones. 

 

It's challenging in your mom's case because without a re-entry permit she can't spend lots of time overseas, while stepdad can't be in the US too long on a B2. Hopefully you made them aware of the separation time before beginning her petition. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Thanks WeGuyGal,

 

Yes, I told them about worst scenario (to leave separately for 2 years). They do not want to do it. So, the other option is to live like about 6 months here/6 months there for 2 years. If He will not be allowed to get here in this period on his tourist visa (I would like to know it in advance) will do re-entry permit for my mom.

 

Just checking for fastest and best way.

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If they can’t be separated for that long the other viable option will be for your mom to apply for a re entry permit. When she applies she can chose to have it sent to be picked up at the U.S. embassy in her home country. She must wait first in the U.S. after applying to have her biometrics done then she can depart the U.S. then and go back home. Once it’s at the embassy she will be notified to go pick it up there in person. She must return to the U.S. prior to it expiring.


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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Posted (edited)

If she has been living abroad with a re-entry permit for so long waiting for his priority date, how can she prove US income to sponsor him when the time comes for that? Will you be the co-sponsor?

Edited by SusieQQQ

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What does he do? Work visa?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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So you Mum does not work and he presumably will not be able to visit much but he does have a skill to get a job relatively easy in the US.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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52 minutes ago, MVR said:

He is a truck driver. I think there is no work visa for truck drivers :)

There is actually some form of one, I am not sure exactly what it is but I know someone who regularly spends 6 months a year driving trucks here. Makes a lot of $$$ to take home, enough to live on for the other 6 months over there.

Of course you’re spending the time driving trucks all over the country and not at “home” anyway. 

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37 minutes ago, SusieQQQ said:

There is actually some form of one, I am not sure exactly what it is but I know someone who regularly spends 6 months a year driving trucks here. Makes a lot of $$$ to take home, enough to live on for the other 6 months over there.

Of course you’re spending the time driving trucks all over the country and not at “home” anyway. 

I think this is kind of illegal way when people work with tourist visa. I didn't hear anything about work visa for truck driver. 

I don't care about money or job for them for 2 years. I will support them for that period. 

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Posted (edited)
29 minutes ago, MVR said:

I think this is kind of illegal way when people work with tourist visa. I didn't hear anything about work visa for truck driver. 

I don't care about money or job for them for 2 years. I will support them for that period. 

No, it’s not illegal. It may be H2B seasonal. Just because you didn’t hear about something doesn’t mean it doesn’t exist.  

 

You do understand if you co-sponsor that’s not just for 2 years, right? And that your stepdad can’t just stay for 2 years?

Edited by SusieQQQ

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7 hours ago, MVR said:

I will be co-sponsor anyway. She will not have enough income in two years.

 

Your mother needs to getting a job and saving for retirement.  I doubt you are going to want to support even partially two aging adults for the rest of their lives.

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