Green card holder to marry his girfriend(what kind of visa)

[Weebee 57]

15 minutes ago, Unidentified said:

You can't start adding people after the fact that he got chosen. They're strict about this. There are people who have messed up and not put down children and spouses and they've been unable to go. 

Yes, you can add a spouse you married after you got selected. Yes, you can add children who were born after you submitted your DV application. No, you can't add either of those if they were present at the time you submitted your DV lottery entry. 

Please, don't confuse those 3. 

And furthermore, at the interview, when they ask for your documents, they always ask you a specific question : do you intend to marry in the next 6 months? This is done so the applicant would have the option to say yes and have a subsequent interview for his/her spouse. If there's enough visas or time left. 

[Weebee 57]

11 minutes ago, PhillipB said:

Its really complicated... i got my visa last year, went to US for a month to get social security number, bank account, drivers license and green card, now i am back in Europe to finish college. Basically it was kind of activation trip but lasted a month... And i got into this relationship just after i claimed my visa in passport. I really wish i met her like 3 years ago, but this is what life looks like

In that case I think your best bet would be to marry her asap and file i-130 under F2A. Be sure to file properly though - there's really fine guides here. You would have to spend time in the US, at least 6 months, but considering that even the approval of your petition would take nearly 2 years, you have some time untill you would have to prove domicile and income. So if you can split your time between America and Europe  just go for it. 

That's coming from someone who thought it was too soon to marry her boyfriend after the DV selection, and now is going through F2A. So I feel you! 

[ThomasNC1988 762]

2 hours ago, PhillipB said:

Its really complicated... i got my visa last year, went to US for a month to get social security number, bank account, drivers license and green card, now i am back in Europe to finish college. Basically it was kind of activation trip but lasted a month... And i got into this relationship just after i claimed my visa in passport. I really wish i met her like 3 years ago, but this is what life looks like

Somebody correct me if I'm wrong isn't OP at risk of abandoning his status?

[K & R 343]

21 minutes ago, ThomasNC1988 said:

Somebody correct me if I'm wrong isn't OP at risk of abandoning his status?

As a LPR you have to live the majority of the year in the USA (more than half the year). I think you can file I 131 for a re-entry permit before you leave for a long period as a LPR. If you do go for 5/6 months CBP will definitely have some questions 

Edited February 4, 2019 by K & R

[geowrian 22,335]

10 hours ago, PhillipB said:

Thanks for the info, it is really complicated and it takes too long.  we will probably wait until may to see if she get selected through lottery. I would also would like to know what happens if we start the process and she get selected through lottery, can we just cancel the F2A process or no.... I think the best way is until i became citizen, but it is more then 5  years😕

It's as long as it is for green card holders as the number of visas available per year is limited. Once that limit is reached, people have to wait in line. It doesn't make the wait any shorter..but just wanted to point out it's a wait caused by the large number of applicants and as dictated by law, not processing timelines.

 

She can certainly try for the lottery as well..no harm. There's no issue having more than 1 process going at the same time. Just know that the odds of being selected are extremely small.

 

9 hours ago, PhillipB said:

 On the other side if i truly understand i do not have to be her visa sponsor, that could be someone else for example my relatives in US (they have their own business) .She has a job for more then 3 years and also apartment on her, so at least i hope that tourist visa is not going to be problem. 

There's no sponsorship for a tourist visa.

Your other relatives could be a joint sponsor for the I-864 for an immigrant visa, though.

 

19 minutes ago, ThomasNC1988 said:

Somebody correct me if I'm wrong isn't OP at risk of abandoning his status?

If it's too long outside the US, then yes. Being a student, it's generally considered to be a temporary residence abroad (like a student that studies in a different state can still be considered to be a resident of their home state). It would be unusual (but not impossible!) to have abandoned status due to studying abroad, so long as they return to the US every so often and/or have a re-entry permit.

[EmilyW 1,222]

Not only are the odds low for the lottery,  it's not a quick solution.

 

We applied in October 2013.   Found out we were selected in May 2014.  Interviewed with the embassy in April 2015.  So that alone was 18 months.  We ended up moving over permanent in February 2016.  Just over 2 years in total from start to finish, so about the same time as the F2A.

[accumbyte 148]

20 hours ago, PhillipB said:

so at least i hope that tourist visa is not going to be problem.

Which country is she from? Is it a Visa Waiver Program (VWP) country? Also, like @NuestraUnion mentioned she can enter the US with a tourist visa or VWP and marry but needs to leave the US before the I-94 "admit until" date passes:

22 hours ago, NuestraUnion said:

• she can come here and get married to you, but she needs to return to her country

 

[AstroCanada 206]

On 2/3/2019 at 5:47 PM, ThomasNC1988 said:

Somebody correct me if I'm wrong isn't OP at risk of abandoning his status?

Yeah, I'd be way more worried about this than petitioning for a potential spouse.  Coming for one month, then living abroad for some time (is it more than 6 month?) definitely sounds like it might throw a bigger wrench in your plans.  Do ensure that you're on the correct side of your own legal status first.

[PhillipB 0]

I am sorry guys , but what OP stands for? I know  guy who went for a month to collect documents, after that he came back to Europe and didnt have any problem on the point of entry later

[ThomasNC1988 762]

2 hours ago, PhillipB said:

I am sorry guys , but what OP stands for? I know  guy who went for a month to collect documents, after that he came back to Europe and didnt have any problem on the point of entry later

Original poster. 

[SusieQQQ 11,584]

2 hours ago, PhillipB said:

I am sorry guys , but what OP stands for? I know  guy who went for a month to collect documents, after that he came back to Europe and didnt have any problem on the point of entry later

Doing it once is fine, doing it repeatedly will lead to questions. Couple of absences below 6 months you’ll be ok but may get questioned by cbp. Anything making it look like you’re residing elsewhere could be an issue. Make sure you’re maintaining apartment rental etc inside the US-

make sure you understand what is expected of an LPR (and don’t forget about continuous residence & physical presence requirements for naturalization)

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

in particular:

Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence.  While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

— making sure OP is aware of issues is good but no need to be unnecessarily alarmist —

 

 

 

 

Edited February 5, 2019 by SusieQQQ

[PhillipB 0]

Okay guys, here is the game plan.  During the next month i will be back in the US, probably will stay in the US for about 7 months, for that time i hope i can earn 125% over poverty line. after i get back i will marry my girlfriend. But there are some questions i still have, hope someone who recently went the process can answer.

 

Is it possible to make it all work if i spend 7-8 months every year in the US until we wait for her interview?

If she apply for a tourist visa , and get tourist visa,  will that jeopardize the whole ir1/cr1 process if she come once a year to the US?

I was in US for only a month, can that be a problem for proving domicile?

Even if i make total earning this year over 125% of poverty line i read somewhere that i can be required to get income statements for past 3 years??

If i do the whole process with sponsor, does that have to be a relative or can be some friend or so? what documents should i require then, only about income?

[accumbyte 148]

19 minutes ago, PhillipB said:

If she apply for a tourist visa , and get tourist visa...

From which European country is she a citizen of? Some European countries are part of the Visa Waiver Program. Citizens of those countries don't need tourist visas.

Edited March 10, 2019 by accumbyte

[PhillipB 0]

Both of us , we are from Serbia. But our country isn't participating in this visa waiver program ,,, 

[accumbyte 148]

1 hour ago, PhillipB said:

If she apply for a tourist visa , and get tourist visa,  will that jeopardize the whole ir1/cr1 process if she come once a year to the US?

Not an issue. The CBP determines the max time she can stay and she leaves before that. With a tourist visa she should be outside the US more than inside (there isn't an exact guideline specified by CBP).

1 hour ago, PhillipB said:

I was in US for only a month, can that be a problem for proving domicile?

Domicile comes up with the I-864 forms. Those forms are submitted at the NVC stage (about 2 years after you submit the I-130, I-130A, and G-1145 (optional) to the appropriate lockbox) https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter8-1.html By the NVC stage you should have spent more time inside the US than out.

1 hour ago, PhillipB said:

Even if i make total earning this year over 125% of poverty line i read somewhere that i can be required to get income statements for past 3 years??

See above. Your income at the NVC stage time is what matters. But yes, the 3 most recent tax returns are required. Don't worry if a previous tax return shows low income. Again, what matters is your income at the NVC stage; this can also be proven with pay stubs, etc at that time.

1 hour ago, PhillipB said:

If i do the whole process with sponsor, does that have to be a relative or can be some friend or so? what documents should i require then, only about income?

A few embassies, like the Philippines US embassy, also require the co-sponsor to be a close relative to the petitioner. But most embassies just request the basic requirement: that the co-sponsor is domiciled in the US and is either a US citizen or Lawful Permanent Resident.

Edited March 10, 2019 by accumbyte