Urgent! Need to bring my Wife back to the States with me.

[eddieniknak]

Hello!

I hope someone can help me. I'm American and I traveled to the United Arab Emirates to be with my long lost love. She's South African and we got married in Cyprus on May 14th, 2010. I've been working here for a few months and I hate it with a passion. This past Friday, I've been offered a job in Connecticut..one that I just can't refuse. I start on October 25th and I want to bring her back to the States with me. I went to the US embassy here and proceeded to start the paperwork for her green card. I was told that I can't apply for the green card until after December 1st of this year. Some new law that the UAE put into place. I can't leave here, either. She's pregnant (we're expecting our first child in June 2011).

Here are my questions:

1- Can I bring her to the US on a travel visa and apply for a green card while in the States since we're married?

2- Can I bring her over on a Fiance visa, even though we're married, and then apply for a green card?

3- Do I need an immigration lawyer?

Basically, what it comes down to, can I bring her back with me and do all the paperwork in the States?

Any help would be greatly appreciated. Thank you!

 

[elcupacabras]

1- Can I bring her to the US on a travel visa and apply for a green card while in the States since we're married?

No. You would need to file for an immigrant (spousal visa) in order for her to get a GC. Once she has the visa, then she can enter the US and upon doing so, will immediately be granted permanent resident status.
http://www.visajourney.com/content/i130guide1

2- Can I bring her over on a Fiance visa, even though we're married, and then apply for a green card?

No. She is not your fiance. She is your wife........therefore you need the immigrant visa that I specified above.

3- Do I need an immigration lawyer?

There really shouldnt be any need for one unless your wife has a history of past overstays in the US or a criminal back. Most spousal petitions are very straight forward and completely doable by yourself (I did my K1 myself).

Of course, the easiest option is directly through the consulate using DCF- but I dont personally know all the rules surrounding the different consulates throughout the world, and it appears you've already looked into it and come across a hurdle with this option.

 

[LucyMO]

I went to the US embassy here and proceeded to start the paperwork for her green card. I was told that I can't apply for the green card until after December 1st of this year. Some new law that the UAE put into place.

I am not sure you understood them correctly. UAE doesn't change or govern US immigration laws. If the US consulate in UAE doesn't allow direct consular filing, you will have to file I-130 when you come back to the States.

 

[Jackolantern]

1- Can I bring her to the US on a travel visa and apply for a green card while in the States since we're married?

Does she already have a visa to visit the US?

I was told that I can't apply for the green card until after December 1st of this year. Some new law that the UAE put into place

That can't be correct. You must have misunderstood something. Neither you nor she is a UAE citizen, and UAE doesn't control US immigration laws, so they have no authority to say you can't apply before December 1st.

Perhaps it is the consulate that has a rule that says they won't accept filings by DCF until you have lived in the UAE for a certain number of months, and December happens to be when you meet that requirement.

Anyway, if you move to the US you can file the I-130 immediately without regard to such UAE restrictions. When the I-130 has been approved and it is time for the consular formalities, it will be well after December 1st.

 

[eddieniknak]

@ elcupacabras: Can I apply for the spousal visa from here via the US so that I can bypass the consulate here?

@ LucyMO: Can I file the I-130 from here and mail it to the States to get this started?

@ Jackolantern: 1- No, she's never been there and never had a visit visa.

2- I will recheck with the consulate.

Thanks for your reply everyone!

 

[eddieniknak]

This site has great reviews. It can fill out and submit the K-3 visa for you at $700.

What do you think? "usimmigration.visapro.com/K3-Spouse-Visa.asp"

 

[Jackolantern]

Can I apply for the spousal visa from here via the US so that I can bypass the consulate here?

You won't bypass the consulate entirely, because at the end of the process she would have to interview at the consulate either in the country of legal residence (I assume that's UAE?) or her country of citizenship (South Africa), or a consulate in another country that has made an agreement to take her for interviewing. But filing in the US would bypass whatever is that December 1st restriction.

1- No, she's never been there and never had a visit visa.

If she already had the visa, there would be a realistic chance that she could use it successfully. But now her marriage to you almost guarantees that she won't get the visa, because immigrant intent goes against the requirements for the tourist visa, and being married to a US citizen is a strong sign of having immigrant intent.

 

[Al Southner]

This site has great reviews. It can fill out and submit the K-3 visa for you at $700.

What do you think? "usimmigration.visapro.com/K3-Spouse-Visa.asp"

Since you can read and write, just complete the forms yourself. Unless you want to spend the $$$ on having someone spend 45 minutes to complete them for you, and take the $$$, go ahead. 95% of people on this board usually do the filing and case follow-up on their own, lawyers are rarely used unless the subject is too complex.

I think you should do the filing yourself.

 

[Jackolantern]

@ LucyMO: Can I file the I-130 from here and mail it to the States to get this started?

Do you have a US residence that you plan to maintain* through the rest of the process? If yes, you can file it now giving that address. But don't use regular international mail, use a private courier like Fedex or DHL.


*you can change your address in the middle of the process, but that is inadvisable as it can create delays or cause USCIS to send correspondence to the wrong address.