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

[CEE53147 559]

3 hours 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. 

 

You will be supporting them for much longer. Two years out of their remaining working life is a lot.

[JFH 12,189]

4 hours 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. 

Be prepared for this sort of chain migration being cancelled under any immigration reform (son becomes USC and petitions mother, mother petitions husband, etc). 

 

Have you researched how much medical coverage will be for the two of them? They won’t qualify for Medicaid as LPRs.  

[Boiler 43,430]

He is a truck driver, I know it is hard work and long hours but is reasonably well paid.

[TM92 527]

13 hours ago, MVR said:

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.

Just a FYI, only USCs are guaranteed entry to the US. CBP even has the authority to deny entry to LPRs in certain scenarios. A re-entry permit is a document that substantiates that she is leaving temporarily, but that it is her intention to return after her absence. Below are some criteria CBP can use to determine abandonment of LPR status, https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence:

Quote

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
• ---The reason for your trip;
• ---How long you intended to be absent from the United States;
• ---Any other circumstances of your absence; and
• ---Any events that may have prolonged your absence.
• ---Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

[SunflowerSweet 1,321]

I would second the suggestion of looking into a possibly visa for his work truck driving. I know certain parts of the country are really looking for truck drivers. With the rise in popularity of online shopping, there’s a growing demand. Brings to mind the billboard I used to pass on the way to work for a place advertising $5,000 sign-on bonuses for new drivers. If some places are willing to throw that kinda cash at ya, I don’t see it as a stretch to think some places would be utilizing outside labor. 

[TM92 527]

7 hours ago, SusieQQQ said:

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.

Spot-on. Looks like it is the H-2B. @MVR, here is a link with info: https://www.visaplace.com/blog-immigration-law/us-work-visa/truck-drivers-work-visa-3-easy-steps/

[MVR 3]

Thanks to everyone. Really appreciate your help.

 

I didn't know about H2B visa. That might be a good way for some people. Still not for us, here is why:

 

1. You have to find an employer who will sponsor your visa which is not easy. Found some messages on another forum where some person send resume to many companies (he said a hundred) and nobody want to do that for truck drivers. I personally was talking with 3 companies last year and they told me here is no way to work for him as a truck driver. Probably just do not want to do it. Still probably possible if find the company but not for us (see #2).

 

2. I've checked here https://www.uscis.gov/working-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers and found that H2B only for qualified countries and our country (Kazakhstan) is not in the list.

 

So, will think about re-entry permit or more often visits during 2 years of waiting.

[TM92 527]

29 minutes ago, MVR said:

Still not for us, here is why

Good call. Even though he could qualify in theory (see below), chances of approval would be extremely low.

Quote

A national from a country not on the list may only be the beneficiary of an approved H-2B petition if the Secretary of Homeland Security determines that it is in the U.S. interest for him or her to be the beneficiary of such a petition. (See 8 CFR 214.2(h)(2)(iii) and 8 CFR 214.2(h)(6)(i)(E)(2) for additional evidentiary requirements.)

[Boiler 43,430]

Is he aware of what he needs to do to drive in the US?