GC holder filed F2A

M

murzo

New Member
Hi I am a green card holder and just filed I130 for my supouse and three young children who are outside the US. Looks like we have to wait 2.5 years for availability.

They all have 10-year tourist visas for US.
I was wondering what would happen if I bring them and they stay without leaving until availability date. Would this be a problem? Can they still get there green cards during the time comes if they keep staying with me without leaving?
 
Yes that would be a problem for them as they will fall out of status and accrue illegal presence by the time they become eligible to apply for their GC. They cannot use a tourist visa to reside in the US.
 
Sm1smom said:
Yes that would be a problem for them as they will fall out of status and accrue illegal presence by the time they become eligible to apply for their GC. They cannot use a tourist visa to reside in the US.
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I figured thank you very much for your response. Then our best bet will be coming over here with tourist visa and leaving every 6 months to come back.
 
That is assuming they’re allowed in every six months. Remember, having a visa does not guarantee an admission into the US. If a determination is made that they’re using the tourist visa to reside in the US by coming in for six months (assuming that duration gets granted), briefly departing and returning with the plan of staying another six months, their visas can actually get canceled in addition to being denied admission into the US.
 
Sm1smom said:
That is assuming they’re allowed in every six months. Remember, having a visa does not guarantee an admission into the US. If a determination is made that they’re using the tourist visa to reside in the US by coming in for six months (assuming that duration gets granted), briefly departing and returning with the plan of staying another six months, their visas can actually get canceled in addition to being denied admission into the US.
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Sure I understand that there's a risk involved. There's a k3 visa option for US citizens to allow this. I wish they would allow green card holders the same but I guess not at the moment.
 
How about an H1 Visa during this period? My wife can apply for H1 visa and probably will be approved. I'm not sure if they will allow children to come with her but if yes this is another possibility that they can live with me during this process. Do you know if this would jepordises my application for them?
 
murzo said:
How about an H1 Visa during this period? My wife can apply for H1 visa and probably will be approved. I'm not sure if they will allow children to come with her but if yes this is another possibility that they can live with me during this process. Do you know if this would jepordises my application for them?
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Your wife cannot apply for a H1B, an employer has to do it for her. In addition, for many job types there is no guarantee of actually getting the visa as they are limited in number per year and are oversubscribed and therefore awarded by lottery - the main exception to this being in academia where there is no numbers cap. If she is successful in getting an H1B, then the children (under 21) can get dependent H4 visas and accompany her. H1B is a dual intent visa so it is no problem if she moves to the US on that with the intent to get a green card eventually.
 
murzo said:
Hi I am a green card holder and just filed I130 for my supouse and three young children who are outside the US. Looks like we have to wait 2.5 years for availability.
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What category did you immigrate in? Did you marry before you got a green card? Were your children born before you got your green card?
 
newacct said:
What category did you immigrate in? Did you marry before you got a green card? Were your children born before you got your green card?
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I'm ia green card holder since 2007. I got my green card through my first wife category e34. My children were born in 2012, 2015 and 16. So they are from my current and second wife.
 
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