Green card for wife and kid, but have no job yet

[flamey 0]

I'm a green card holder, but I've spent last several years abroad (with regular visits to US). I now have a family, and want to permanently move back to States (we're all here now, fam on B2 visa). I'm still looking for a job, but regardless, I don't have any income in US to show for the last 5 years. Can I still somehow get my wife a kid started with green card papers without a job (or if I JUST started one)?

[Roel 7,191]

You need qualifying income or a joint sponsor. You cant go around that. 

 

I hope you know that your family cannot stay in the US during this process. 

[Ben&Zian 4,397]

As above, as a green card holder yourself you can't just AOS your family from within the US. It will take up to 2 years for you to petition them and I doubt they can remain in the US legally during that time. Overstay is not forgiven for LPR's, only US citizens and since you state you've spent a lot of time outside the country, you probably wouldn't meet the residency requirements for citizenship for awhile now anyways.

Edited April 25, 2019 by Ben&Zian

[flamey 0]

thanks for the reply.

Can someone else sponsor them? I my parents and sister (US citizens) live and work here.

[Mollie09 1,543]

Just now, flamey said:

thanks for the reply.

Can someone else sponsor them? I my parents and sister (US citizens) live and work here.

No.

[Going through 5,668]

 

1 minute ago, flamey said:

thanks for the reply.

Can someone else sponsor them? I my parents and sister (US citizens) live and work here.

As her spouse, you are the main sponsor.  Your parents/sister can be a joint sponsor.

[Mollie09 1,543]

1 minute ago, Going through said:

 

As her spouse, you are the main sponsor.  Your parents/sister can be a joint sponsor.

Financially, yes.

They can't sponsor his family for a green card though

[flamey 0]

Okie Dokie, thanks for replies guys.

Any tips / suggestions? -- I don't qualify atm for citizenship, as was pointed out above, but I also don't want to spend much time away from my family.

[Roel 7,191]

Just now, flamey said:

Okie Dokie, thanks for replies guys.

Any tips / suggestions? -- I don't qualify atm for citizenship, as was pointed out above, but I also don't want to spend much time away from my family.

1. You need to spend time in the US to have domicile and also qualifying income. 

2. Your family needs to leave. Be SURE they don't overstay. They can visit you periodically and you can visit them. That's about it. 

3. Your family cannot sponsor them. But they can be joint sponsors. 

 

There are really no "tips". That's how the process is. 

[Ben&Zian 4,397]

2 minutes ago, flamey said:

Okie Dokie, thanks for replies guys.

Any tips / suggestions? -- I don't qualify atm for citizenship, as was pointed out above, but I also don't want to spend much time away from my family.

 

They can stay in the US as long as they have a valid visa, but they do have to leave before it expires. This is part of the immigration process. A lot of here are apart for 1-2 years at times. 

[SusieQQQ 11,585]

9 minutes ago, flamey said:

Okie Dokie, thanks for replies guys.

Any tips / suggestions? -- I don't qualify atm for citizenship, as was pointed out above, but I also don't want to spend much time away from my family.

Catch 22, the only way to not spend time apart from them means you can’t be properly living in the US. You will need to decide, short term being with them vs long term them getting green cards, what is more important to you.

 

did you have a re-entry permit? You have to provide tax returns which  will make it obvious you’ve been living outside the US, wonder if that will be an issue for uscis.

Edited April 25, 2019 by SusieQQQ

[flamey 0]

1+ year away from family is not a short term to me, even if some people decide otherwise. anyway...

say, a remote job for US company, spend as much time in as reasonable with visa in US, stay abroad (keep working remotely) the rest of the time. in a couple of years can show income... could that work?

also, is tax info from the previous year -- the only way to show income? say I got a job today, can I show the income / ability to sponsor some other way without having to wait a year? some form from employer, or something of that sort?

[Boiler 43,829]

You are a LPR, it will take 2 plus years to sponsor wife and children.

 

As a LPR you are permanently resident in the US and can of course visit elsewhere.

 

Your original post said you were looking for a job in the US.

 

You can certainly file to sponsor your family, you can do it now, you also need to maintain the US as your Permanent Residency.

 

In the meantime you can visit your family, and they can visit you.

[Roel 7,191]

10 minutes ago, flamey said:

1+ year away from family is not a short term to me, even if some people decide otherwise. anyway...

say, a remote job for US company, spend as much time in as reasonable with visa in US, stay abroad (keep working remotely) the rest of the time. in a couple of years can show income... could that work?

also, is tax info from the previous year -- the only way to show income? say I got a job today, can I show the income / ability to sponsor some other way without having to wait a year? some form from employer, or something of that sort?

If you're going to live abroad and just visit US now and then there is a good chance your green card will be take  away and you wont sponsor anyone. 

 

You can have cake and eat cake. If you dont want to be separated from your family at all, then don't immigrate to the US and stay in your/their home country. 

[Lil bear 3,875]

12 minutes ago, flamey said:

1+ year away from family is not a short term to me, even if some people decide otherwise. anyway...

say, a remote job for US company, spend as much time in as reasonable with visa in US, stay abroad (keep working remotely) the rest of the time. in a couple of years can show income... could that work?

also, is tax info from the previous year -- the only way to show income? say I got a job today, can I show the income / ability to sponsor some other way without having to wait a year? some form from employer, or something of that sort?

You raise the risk of being deemed as having abandoned your LPR status ..., this assessment is not black and white , or  based solely on time in or out of the US.. but on the intent and purpose of your absences as well ... 

As an LPR you never have a right to enter the US .. only USC has that 

There isn’t going to be any easy or quick way to go this 

Becoming eligible for USC will require you to be in the US for 30 months out of the 5 years preceding your application , and residing in one state for the last 90 days at least ... and the N400 process can then take  12 to 18 months. .. then 12 to 15 months processing of the spousal and don visa 

Filing as LPR will take 2 plus years .. but unless you are mainly living in the US and at least perceived as maintaining your LPR status .., you may encounter increased attention on your own status. 

In my mind, your question about income / sponsorship is one of the least issues you face 

Edited April 25, 2019 by Lil bear