This is a unique case... I hope someone will help

[HonoraryCitizen 179]

28 minutes ago, Going through said:

From my understanding of the original post, it sounds like he's presently in the US now with a valid greencard, after taking a lengthy trip abroad in 2014 to finish his schooling.

That is correct however actually being back in the USA means nothing. There are people who have been admitted in error, many in fact.

 

Filing a petition for someone provides an opportunity for USCIS to look at your own immigration file, thoroughly.

Edited January 15, 2019 by HonoraryCitizen

[Going through 5,668]

4 minutes ago, HonoraryCitizen said:

That is correct however actually being back in the USA means nothing. There are people who have been admitted in error, many in fact.

Just thinking aloud here.....Assuming he had a re-entry permit when he traveled back to the USA as a LPR (I think he'd said he was abroad for a year?) his status would have remained intact.  If he did NOT have a re-entry permit and CBP admitted him with his GC (which is at their discretion), they would have also determined at that time he had valid residency (legal basis) upon entry.

 

If he was "admitted in error", I believe the onus would be on CBP/USCIS to prove that happened 4+ years ago.  Presuming he last entered the US in 2014 and didn't have complications afterwards (ie. NTA for his LPR status to be revoked).  I think they might be hard-pressed to prove it since CBP inspected and admitted him at the border at their discretion, and he had a non-expired green card?  It's an interesting situation nonetheless, as yes, people have had LPR status revoked after-the-fact for various reasons...I've not yet heard of a case of "admitted in error" for valid GC holders, though, happening well after the date of entry, especially since it is up to POE's own discretion whether to allow or deny entry.

 

I do agree, though, that the lengthy trips abroad could be brought into question (only in terms of determining continuous/physical presence) should he actually apply for the N400, however also depending on when he actually files (if he wanted to file).

 

I suppose it's all subjective, though.  Or I'm rambling at this point due to lack of caffeine.  

[ineedadisplayname 443]

12 hours ago, botond said:

@payxibka so we will apply for the spouse visa, she goes home and she will wait until she gets those papers, but when she comes to visit,  what type of a visa will she need ? The tourist visa will be enough that se already has ?

Since she is Hungarian she can apply for ESTA and if approved she can board the plane without an actual VISA. She can stay up to 90 days and use it more than once. The rule is that she shouldn't spend more time in the USA then in Hungary and then she would not have any problem visiting again.

Btw I think since you are just a green card holder if she overstays she won't be able to adjust status (what you wanted originally) because the overstay in her case won't be forgiven because you are not an USC yet....

[thatguyuknow 147]

Woaw, this thread. Its only fraud if she enters knowingly planning to change her status.

 

People enter the states as a tourist and things change. Its not automatically fraud.

 

Obviously your partner wants to move to the US. So if she enters as a non-immigrant planning to change her status, thats fraud. 

[EM_Vandaveer 2,370]

17 minutes ago, thatguyuknow said:

Woaw, this thread. Its only fraud if she enters knowingly planning to change her status.

 

People enter the states as a tourist and things change. Its not automatically fraud.

 

Obviously your partner wants to move to the US. So if she enters as a non-immigrant planning to change her status, thats fraud. 

It's not possible in OP's situation, anyway. OP's a LPR, not a USC. They have to wait for their priority date to become current after marrying & filing I-130. His future wife CANNOT overstay waiting for the priority date to become current then adjust because spouses of LPRs have to be in legal status in order to AOS. Filing I-130 & waiting out the process for F2A (with visits on VWP) is the only way unless OP naturalizes (won't work until he turns 31 because of the Selective Service issue).

[Cyberfx1024 7,978]

12 minutes ago, EM_Vandaveer said:

It's not possible in OP's situation, anyway. OP's a LPR, not a USC. They have to wait for their priority date to become current after marrying & filing I-130. His future wife CANNOT overstay waiting for the priority date to become current then adjust because spouses of LPRs have to be in legal status in order to AOS. Filing I-130 & waiting out the process for F2A (with visits on VWP) is the only way unless OP naturalizes (won't work until he turns 31 because of the Selective Service issue).

+1 with this as well. The OP's biggest issue is that he never filed for Selective Service even after he was made aware of him needing to do it. 

[Becci391 339]

16 hours ago, botond said:

the problem is that she only has ESTA  -the visa vaiwer program currently  what about that ?

With ESTA she cannot stay longer than 90 days max.

[R&OC 355]

Quick question, one or the other answers here mentioned that a possible N-400 application would likely be denied based on the selective service issue. However, the lengthy time out of the country in 2014 should not be an issue, correct? Depending on when he applies for citizenship either the past 36 months or 60 months will be taken into consideration (having said that, he would have to wait until those 60 months between his absence and N-400 application are over)? What is the rule of thumb here for GC holders to be outside the country?

[Boiler 43,516]

I am not sure about the specific of this case, it would seen naturalising would not speed things up a lot with current backlogs. Would say that there certainly cab be issues that would never come up when just maintaining resident status but may be looked at closely when apply for Citizenship.

[discoverusa 232]

I don't know if you tried calling selective service web site. When my husband applied for citizenship his status on line showed as not registered, but when we called we learned that he was in fact registered, but there was an error in his information. We were able to resolve it with one phone call and received status verification letter in the mail. You may have already been registered when you received your green card. 

[botond 0]

Jesus guys, this thread is like when you go to the doctor to ask something and you realize you have 5 different other illnesses. I came back daily to this thread to read, but most of the comments were kinda negative. Let's try this again. I'm not here to see 'How I cannot achieve" I'm here to see how I can. So many people highlighted that I didn't do my registration to the SS, Yes! I know. I want to hear a solution. There is that letter that I can get, that I didn't willingly did this, I just had no clue that I need to (yes, it's in the GC papers... I was 20 nolifer and that was 9 years ago). Anyone sent that or anyone went with that to the naturalization ? Now again, I'm not interested in the "You will be denied" comments, it's a try... I will go for all my tries, and then I go with the most time consuming ones. Like waiting until 31. If I will be denied, I go next year, and the year after. If they are saying you cannot come back anyomore, I go to Canada or whatever. Yes, I went for a year out of the US, I had proof in english that I was in college, they let me in. Since then, I went 3 times home in Transylvania and 1 time in Canada. They let me in every single time and I had no problems. Other thing that you guy need to know is that I lost/someone stole my greencard this summer along with my passport. I have a new passport already, and in October I filed the I-90 to get a replacement GC. I guess they will let me know sooner or later about my verdict. I guess there are two ways, I can stay I go to work every single day as I did in the past 4+ years, or they can tell me that I have to go in a different country to build my carreer. Both of these ways are on the same journey path... my life. I hope I proved them enough that I am a respectful person in this society, working, paying taxes, no felony, no tickets. Everything is in their hands, just like for everyone in this thread. So please, if you have some positive ideas of what and how should I do to get closer to my dream and to start my little family (other than the written ones) please let me know. Thank you friends!

Edited January 17, 2019 by botond

[David & Diana R 1,005]

9 minutes ago, botond said:

Jesus guys, this thread is like when you go to the doctor to ask something and you realize you have 5 different other illnesses. I came back daily to this thread to read, but most of the comments were kinda negative. Let's try this again. I'm not here to see 'How I cannot achieve" I'm here to see how I can. So many people highlighted that I didn't do my registration to the SS, Yes! I know. I want to hear a solution. There is that letter that I can get, that I didn't willingly did this, I just had no clue that I need to (yes, it's in the GC papers... I was 20 nolifer and that was 9 years ago). Anyone sent that or anyone went with that to the naturalization ? Now again, I'm not interested in the "You will be denied" comments, it's a try... I will go for all my tries, and then I go with the most time consuming ones. Like waiting until 31. If I will be denied, I go next year, and the year after. If they are saying you cannot come back anyomore, I go to Canada or whatever. Yes, I went for a year out of the US, I had proof in english that I was in college, they let me in. Since then, I went 3 times home in Transylvania and 1 time in Canada. They let me in every single time and I had no problems. Other thing that you guy need to know is that I lost/someone stole my greencard this summer along with my passport. I have a new passport already, and in October I filed the I-90 to get a replacement GC. I guess they will let me know sooner or later about my verdict. I guess there are two ways, I can stay I go to work every single day as I did in the past 4+ years, or they can tell me that I have to go in a different country to build my carreer. Both of these ways are on the same journey path... my life. I hope I proved them enough that I am a respectful person in this society, working, paying taxes, no felony, no tickets. Everything is in their hands, just like for everyone in this thread. So please, if you have some positive ideas of what and how should I do to get closer to my dream and to start my little family (other than the written ones) please let me know. Thank you friends!

So you just want the fluffy stuff?

[Going through 5,668]

18 minutes ago, David & Zoila said:

So please, if you have some positive ideas of what and how should I do to get closer to my dream and to start my little family (other than the written ones) please let me know.

Believe us, if there were some magical "other" solution, we'd tell you.  You do have a few factors against you---being truthful about them is not being necessarily "negative".  The advice you got in this thread was something you might want to reread to get the full-rounded view.

 

Here are your options, in a nutshell:

 

You get married and move to her country.  No dealing with USCIS this way.  

You get married and the two of you move to a third country.  No dealing with USCIS this way.

You wait out the time until the appropriate age to apply for Naturalization, where the Selective Service issue won't be a factor.  Once you are a citizen, you file either the K1 fiancee visa and she enters the US to marry and live with you, or you marry (whether in the US or elsewhere) and file the CR-1 visa while she remains in her home country, where she can attempt to visit you during the process.

 

 

[botond 0]

@Going through the CR-1 visa is the one that I can file as a GC holder right ? And then we wait out that waiting period of 12 months to 4 years. I think this is the most reasonable.  I think I will wait a bit to see what's happening to my GC, and we will go this path. That way I can go home a couple times and she can come out a couple times and we'll be fine. I will definitelly go to a lawyer as well to have a plan that I follow. I think you helped me the most tho, I like the cold thruth, but I cannot accept a NO as an answer. There is always a way.-this is what my grandpa used to say and I will follow it. Now that you gave me all the paths, this is all that I needed. You're the best, thanks!

[Going through 5,668]

3 minutes ago, botond said:

@Going through the CR-1 visa is the one that I can file as a GC holder right ?

Yes.

 

3 minutes ago, botond said:

I think you helped me the most tho, I like the cold thruth, but I cannot accept a NO as an answer. There is always a way.-this is what my grandpa used to say and I will follow it. Now that you gave me all the paths, this is all that I needed. You're the best, thanks!

I can't take all the credit----several people said the same thing in this thread.