GC holder applying for spouse

[kamiltekeli]

Hi there;

I have received my green card (DVLOTTERY) on april 2012 and i have entered 5-6 times after i have received it, and i have been told that i have 2 years till i settle down in usa so i wont be loosing my gc for 2 years. and i was there in this may2013 for 2 weeks. now im back in Canada.

( i had a visitors visa to usa for 10 years before i received my GC)

i live in Canada on a student visa since 2007 and i got married in october 2013, now i have finished my school and id like to take my wife with me to usa who is also a Turkish citizen, she is here with me in Canada on a visitor visa.
im planning on moving to somewhere warm like Florida, Texas or California.

my questions are;


*can i file an i130 right away for my wife since i dont have income in usa?

*or showing some funds in a usa bank like 50-60.000$ will be enough to sponsor her ?

*and since the F2A is current now; can i catch this opportunity if i move there in Augst and file i130 for my spouse?

*how long you guys think that i will get approved by them? and hopefully get a visa ?

*or IF YOU GUYS HAVE ANY SUGGESTIONS for me to do, i'd love to hear your opinions as well.

thanks in advance for your time.

 

[Jackolantern]

Hi there;

I have received my green card (DVLOTTERY) on april 2012 and i have entered 5-6 times after i have received it, and i have been told that i have 2 years till i settle down in usa so i wont be loosing my gc for 2 years. and i was there in this may2013 for 2 weeks.

Been told that by whom? Normally you can only stay outside the US for 1 year. To stay outside for 2 years you need a reentry permit, which can only be applied for when you're in the US.

You can file I-130 right away. It's later on in the process that you'll have to provide proof of income or assets.

and since the F2A is current now; can i catch this opportunity if i move there in Augst and file i130 for my spouse?

It's not current until August 1st. However, for filing the I-130 you don't need to care about current or not. It's for filing the I-485 that it's necessary to have a current priority date. But if your spouse who is currently outside the US decides to file I-485 shortly after entering the US in tourist status, there is the real risk of being denied for having preconceived immigrant intent. Spouses of US citizens are given leniency on that issue, but not spouses of permanent residents.

 

[kamiltekeli]

Been told that by whom? Normally you can only stay outside the US for 1 year. To stay outside for 2 years you need a reentry permit, which can only be applied for when you're in the US.

You can file I-130 right away. It's later on in the process that you'll have to provide proof of income or assets.


It's not current until August 1st. However, for filing the I-130 you don't need to care about current or not. It's for filing the I-485 that it's necessary to have a current priority date. But if your spouse who is currently outside the US decides to file I-485 shortly after entering the US in tourist status, there is the real risk of being denied for having preconceived immigrant intent. Spouses of US citizens are given leniency on that issue, but not spouses of permanent residents.

Jackolantern; Thanks for your fast respond to this matter.

i asked it to the immigration (passport) officer at the Airport when i landed to usa and he told me i have 2 years till i settle down, decide which state to immigrate and stuff like that. and i have been travelling on and off every 2-3 months to usa to look for some jobs. they didnt ask anything so far

my wife is in Canada at the moment, and we have tried getting a visitor visa for her but they knew that i was a LPR and denied her application as a visitor.

then i should just apply right away and fill i130 and wait for an answer. and another question;

does it matter from which state i sent the application? if its faster in certain states; i rather to move there since i havent decided where to move. if you can recommend me any thing that would be much appreciated.


my last question will be for illegal immigrants mexicans or europians. if someone in the country (USA) illegally; whats the risks they will face? deportation, jail time or anything like that ?

thanks again

 

[Jackolantern]

i asked it to the immigration (passport) officer at the Airport when i landed to usa and he told me i have 2 years till i settle down, decide which state to immigrate and stuff like that. and i have been travelling on and off every 2-3 months to usa to look for some jobs. they didnt ask anything so far

Just making sure that you don't think you can stay out for 2 years consecutively. You shouldn't have much of a problem going back and forth a few times a year for 2 years, but 2 years straight without a reentry permit will definitely be a big problem.

does it matter from which state i sent the application? if its faster in certain states; i rather to move there since i havent decided where to move. if you can recommend me any thing that would be much appreciated.

There is no reliable information on where is faster. The I-130 will be processed at one of a few central offices in the US, and then the case will be forwarded to a consulate either in Canada or your spouse's country of citizenship (choose the desired location on question 22 of the I-130), so the particular state doesn't matter much anyway. Choose a state based on where you want to actually live and work, and where you have somebody to check your mail (you must provide a US address for correspondence) if you're not going to be in the US for most of the I-130 processing.

my last question will be for illegal immigrants mexicans or europians. if someone in the country (USA) illegally; whats the risks they will face? deportation, jail time or anything like that ?

They may be deported if caught, and locked up in an immigration detention center while waiting to deported. After deportation they will be banned from entering the US for a number of years. Even if they aren't physically caught in the act, the time spent illegally in the US may delay them from immigrating in the future if the US became aware of their illegal presence.