How Do I go about securing a Green Card for My Wife,after the GC lottery interview she didnt attend?

[Al Southner]

Thanks for the advices, very valid. I travelled to the US (via new york JFK) sometime in August 2010 after my maiden trip on my GC, and at d JFK, iwas quizzed about why i had been away for over 10months (my trip to the US was in September 2009 after i got my GC)? The immigr office said its seems am not interested in moving over to the US, however after about a week stay , I returned to Nigeria and am planning a return by March 2011. My worry is that I can not leave my very lucrative job amidst the unvertainty in the US economy for now, I want to stay back for about a year or two, gather some financial muscle and relocate finally with my wife and kid. I will still make my regular trips to d US so I dont stay more than 11-12months outside the US and have to apply for a re-entry permit. This what I plan to do for the next 2yrs till i relocate finally. Please advice , I hope i would not get into any hassles or trouble with US immigrations. My baby is about 9months now and my wife too. They dont have US GC or anay docs.., Pls HELP...!!!! What do I do................

Since you have already being quizzed about not living in the US, the next situation is for you green card to be taken at the POE by US Customs officers. You don't live in the US, which is the purpose of th US permanent residency. You cannot use the excuse that the US economy is terrible, because many immigrations have lived through this nightmare and have managed to survived. See if you can apply for a re-entry permit, but the problem is that you actually don't have any domicile in the US, so you need certain documentation to be able to file for this permit.

Please become acquainted with this guide, because you might not have paid attention to it. It is very important...

http://www.uscis.gov/files/nativedocuments/M-618.pdf

 

[Jackolantern]

Thanks for the advices, very valid. I travelled to the US (via new york JFK) sometime in August 2010 after my maiden trip on my GC, and at d JFK, iwas quizzed about why i had been away for over 10months (my trip to the US was in September 2009 after i got my GC)? The immigr office said its seems am not interested in moving over to the US, however after about a week stay , I returned to Nigeria and am planning a return by March 2011. My worry is that I can not leave my very lucrative job amidst the unvertainty in the US economy for now, I want to stay back for about a year or two, gather some financial muscle and relocate finally with my wife and kid. I will still make my regular trips to d US so I dont stay more than 11-12months outside the US and have to apply for a re-entry permit. This what I plan to do for the next 2yrs till i relocate finally. Please advice , I hope i would not get into any hassles or trouble with US immigrations. My baby is about 9months now and my wife too. They dont have US GC or anay docs.., Pls HELP...!!!! What do I do................

Did you file an I-130 for your wife and child? If no, why not? If you filed it back in April (when this thread was more active), she and the baby would probably be getting immigrant visas late this year or early 2011.

 

[eagle5exe]

Hello, But Is there any valid reason to take back my GC at the POE as at now? I have a valid residential address in the US and I have been in the US in August. And plan to return by February 2011 which is barely 6months after my last trip. At the POE in JFK in August, I was asked when am I coming with my wife and baby and I said possibly Dec 2010. The officer repeated that "he is going to indictae that I said my wife and baby will be coming in by Dec 2010" but he doesnt even know that they dont have valid immigrant documents. I need help at to what I risk cos am not ready to loose my GC, as I am relocating finally by Aug next year. Do I need a re-entry permit? I have not been outside for over a year....? Can i file form I-130 here in Nigeria now..? If its possible am going to do that next week ...? But pls do I need a re-entry permit...I HAVENT BEEN AWAY FOR OVER A YEAR.. I WAS IN THE US in AUGUST 2010.

 

[Al Southner]

Hello, But Is there any valid reason to take back my GC at the POE as at now? I have a valid residential address in the US and I have been in the US in August. And plan to return by February 2011 which is barely 6months after my last trip. At the POE in JFK in August, I was asked when am I coming with my wife and baby and I said possibly Dec 2010. The officer repeated that "he is going to indictae that I said my wife and baby will be coming in by Dec 2010" but he doesnt even know that they dont have valid immigrant documents. I need help at to what I risk cos am not ready to loose my GC, as I am relocating finally by Aug next year. Do I need a re-entry permit? I have not been outside for over a year....? Can i file form I-130 here in Nigeria now..? If its possible am going to do that next week ...? But pls do I need a re-entry permit...I HAVENT BEEN AWAY FOR OVER A YEAR.. I WAS IN THE US in AUGUST 2010.

Once again, you are clearly confused about the purpose of a green card. It is for residency in the United States of America, you live in Nigeria and happen to have been issued a green card. You were in the US in August, but DOES NOT to live in the US, but to visit in an attempt to keep your green card "warm". Residency in the US means that you have a lease, rent a home and have utilities, US bank account, credit accounts, employed by the someone in the US, and you pay taxes at the end of tax year. Did you file taxes on April 15, 2010? Where is your residence in the US?

The POE officer actually did make a notation in the computer system that you will be bringing wife and kid in Dec 2010, because he can make such notes for future reference to officers who will be swiping your green card upon entry into the US, and their system is accessible to each port of entry in the US. What will happen when you don't bring wife and kid, who knows? It is serious business for green card holders, because claiming residence in another country doesn't always work in your favor under any circumstances. You can file the I-130 in the US Consulate in Nigeria, but I believe you will need to make an appointment and bring various documentation with you to the consulate. Visiting the US once in a while doesn't mean you live here, don't get caught in the technicalities.

 

[eagle5exe]

Wao...! What are my chances now..? I will be returning in February and would try get a re-entry permit. I have a valid contact address in Florida Jacksonville, I applied and got a social security number in Auguist 2010 and all I want is August 2011 for full relocation. I am returning to school and also would be working. Do u forsee any issues on my entry in February? and what should I expect? whats the most advisable thing I should do now?

 

[Jackolantern]

You STILL didn't file the I-130? What is wrong with you?

File the I-130 this month for your wife and child, and get back into the US by this December when US immigration will be expecting you. Failure to do those things will greatly jeopardize you and your family's green card prospects.

If you file the I-130 this month, when you return in December if they ask where is your wife you can say she is waiting for her I-130 to be processed.

 

[Al Southner]

Jack,

This guy needs help, but he's the only one who can help himself by stopping to procrastinate and get moving. He has something coming at him.

 

[eagle5exe]

Gosh! I dont plan to be in the US by December 2010. I plan being there in February 2011. I shall be filling I-130 form for my family by next week confirmed! In February I will travel with my family to the US as I shall seek a visiting visa as well. MUST I travel by December, that would be too much on me, I just got back from a trip in August! I need help somebody, I know I might sound stupid, but pls pardon my ignorance.........your words could help.

 

[Al Southner]

I think you will have issued when you return in February 2011. There is nothing that either of can do with your situation, just hope for the best.

 

[eagle5exe]

Hmm! sounds quite discouraging. I have already forwareded the application I-130 today to the US consulate. I am just seriously bugged by the thought of having to travel again by December (and its not like am relocating for good by December 2010) as against February 2011. Can i file for a permission to stay outside for over 1 yr..?

 

[Jackolantern]

You sent the I-130 to the consulate? You shouldn't be sending it to the consulate, it should be sent to a USCIS address within the US because you are a permanent resident of the US! Unless you've contacted the consulate and they agreed to accept it as a DCF in your situation.

Can i file for a permission to stay outside for over 1 yr..?

Yes, that would be a reentry permit, but you need to be in the US when you apply for it.

 

[eagle5exe]

Guys I need to talk to someone. Jackolantern, Al Southner pls send me a phone number to reach you on ASAP. This is all gettin me worked up! If I do get to travel by December 2010 where can I file for re-entry permit in Atlanta airport (Hartsfield Jackson) and where do I send the I-130 froms to? with the re-entry how much do I pay i saw $400 ($355 + $45 surchage) somewhere. pls send me numbers to call on mexy_fly@yahoo.com

 

[LucyMO]

when you apply for a reentry permit, you will need to stick around for several weeks to do your biometrics (fingerprints and photo).
You apply for it by mail - you will find all the information you need in the instructions to the form I-131 on www.uscis.gov. You don't apply for it at the Atlanta airport.

Also, the instructions to I-130 clearly specify where the form and its supporting documents need to be sent. Did you even try looking at it?

 

[eagle5exe]

Been off the forum for a long while. Meanwhile its been cool so far.

I am yet to file for my wife and baby, however she is pregnant at the moment and am looking at obtaining a medical visa for her so she can have her deliver in d US....can someone help me out here on what would be required...? What do I need to do, she is in Nigeria.

 

[Jackolantern]

They don't give medical-related visas for delivering a baby unless special treatment is required that is unavailable in the mother's country, like a serious deformity of the baby or a major health condition of the mother which would be aggravated by childbirth. And with you having a green card, they won't give her a regular tourist visa.

But anyway, the requirements are listed below:
http://travel.state.gov/visa/temp/types/types_1262.html#10

Documentation Needed - When Seeking to Travel for Medical Treatment

In addition to all of the documentation requirements explained above, the following documentation is also required, for persons seeking medical treatment in the U.S.:

Persons desiring to travel to the U.S. for medical treatment should be prepared to present the following, in addition to any other documentation the consular officer may require:

Medical diagnosis from a local physician, explaining the nature of the ailment and the reason the applicant requires treatment in the United States.
Letter from a physician or medical facility in the United States, expressing a willingness to treat this specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).
Statement of financial responsibility from the individuals or an organization that will pay for the patient’s transportation, medical and living expenses. The individuals guaranteeing payment of these expenses must provide proof of ability to do so, often in the form of bank or other statements of income/savings or certified copies of income tax returns.

Persons traveling to the U.S. for medical treatment should have a statement from a doctor or institution concerning proposed medical treatment.

If you filed for her back in April 2010 when you started this thread, she probably would have obtained her own green card by now. Right now they're approving people in the F2A category who applied in September 2010.

 

[Jhardy]

Remain in USA with I-130 pending GC

Is it possible, for a spouse, to remain in the USA, with a I-130 and spouse naturalized, both from El Salvador, whilst she awaits filing for a GC...what would be the ideal next steps...suggestion from gov is to file a I-601A and have her deported, only to file, in her 'home' country, away from her family, here, in the USA.

 

[engmtolera]

Thanks for the good information from this post
In my case, I have selected for 2014 DV program and when I was filling the forms I also include my wife's name as she will follow later to the USA. so should my wife follow me at the end of the FY 2014 DV Program? Or she can wait until I get employed then she can follow me?

 

[Jackolantern]

Thanks for the good information from this post
In my case, I have selected for 2014 DV program and when I was filling the forms I also include my wife's name as she will follow later to the USA. so should my wife follow me at the end of the FY 2014 DV Program? Or she can wait until I get employed then she can follow me?

She needs to follow you to the US by the end of FY 2014, which is September 30, 2014. But right after that she can leave the US and wait up to a year before going back to the US again (two years if she has a reentry permit).