Green Card after 25 years of Marriage/separation?

J

Jeff121

Registered Users (C)
I married a US Citizen over 25 years ago while on holiday in California, a holiday romance that didn't last as we split up, although we never divorced. 3 years ago my wife contacted me, I am in the UK she is now caring for her mother and for that reason cannot come to the UK. Our friendship has grown as we have become great friends and want to make a go of getting back together. We have not seen each other for 25 years and communicate via letters and phone calls as my wife is not on the net. Back in 1979 when we married I did not apply for US residency or work in the US. Any help on how I should proceed to apply for a Green Card would be greatly appreciated
 
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I am just thrilled to read your love story, it's amazing and worth to make a movie. You didn't get married to anyone in UK?

I think no one faced this kind of situation. I would recommend you to contact a good lawyer. I know a good veteran lawyer named David Frenkel who did my case successfully, here's his email address: dfrenkel@frehersh.com
 
I doubt you need a lawyer

i think this is just simple, you can do it on your own, your wife has to file the application for you. I am not sure if she has to furnish affidavite of support. You didnt mention your citizenship. I am assuming British, makes it easier
 
Thanks insins and Mikaal for your advice and thoughts, to answer your questions. insins, no I never re-married as I had never divorced. Mikaal yes I am British. As far as I can see we need to fill out forms I-130, G-325A and I-485. If you know of any other forms or info that we may need to supply I would be grateful. Thanks insins for recommending a lawyer, if we come up against problems with the immigration department then we will seek his help.
 
you only file I-485 if you are already in the States on a non-immigrant visa. However, if you come here on a visa waiver or non-immigrant visa, and apply for adjustment of status right away (I-485), then it could be suspicious.

other than that, do read up on consular processing and direct consular filing, if available in UK. Rules apply.

Your wife will have to file I-130 and G325A with all supporting docs (affidavit of support). Whether she can do it in Britain through direct consular filing or whether she will have to file it here in her Service center depends on the rules for DCF in UK.
 
I strongly suggest going through an attorney.

The papers themselves may be straightfoward and may go through the mail room and initial stages. My worry is that after many months of waiting, the officer who picks up your case will question if your marriage is bona fide. It will be a difficult question to answer given the 25 years of separation.

In all probability, you need some kind of a strategy to approach this problem. And you need a clever attorney to find you one.

DO NOT FILE before talking to an attorney. If you file, that is irreversible and if you contact an attorney if you run into trouble, the options he/she can explore will be severly restricted by the fact that the papers have been filed already.

The way USCIS operates is - if they have a problem and they can't directly reject, they will simply sit on it for many years, doing nothing. And you have very little that can be done when it's in that state.

I don't know why they do that. I wonder if they think their problematic applications will "go away" if they wait long enough. Anyway, you certainly don't want to get into that situation, if at all possible.

So be wise, and talk to a good attorney. In fact, my opinion is that an attorney is most critical now, rather than later. A stitch in time..

~T
 
Thanks LucyMO and thanks also talkative. On heeding your advice we have decided to seek the services and advice of a lawyer/attorney.
I am still in the UK but reckon that a US based attorney experienced in this field as recommended by insins is our best bet. My wife cannot travel to the UK as her mother needs constant care. I think that it would have been easier to get my wife into the UK than to get me into the US so that we can be together but that isn't possible because of her Mothers health. I am wondering if I will have any problems on arrival in the US at the airport as I want to see my wife and mother-in-law also imagine that a lawyer would find it easier to meet us in person and interview us jointly rather than contact me by phone, e mail or post?
 
you could probably travel on visa waiver. Be careful about the lawyers, some of them are quite incompetent and just want your money.
 
I second LucyMO - attorneys come in a range of qualities. The ones at the other end can be a big pain and mess up simple things. There are some good lawyers - but unfortunately, they are quite high profile, and so can be expensive:

Rajiv Khanna
Sheela Murthy
Mautino & Mautino
Robert Jobe

You can also see the Martindale-Hubbell legal directory for lawyers who got a good rating. It's not very conclusive, but it's better than nothing.

Finally, always schedule a consultation first (and request for the consultation fee to be credited for future charges if you retain their firm). You need to talk and assess if the lawyer has the skills and motivation you're looking for.

Finally, there's not much point meeting a lawyer in person at this point. Pretty much everything that needs to be done can be done by phone/fax/fedex.

There are some differences between the USCIS office procedures depending on the geographical area. So an attorney who resides in the same area as where you'll be filing (your spouse's residence area) would be a plus.

~T
 
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Thank you again talkative for your input and advice, yes I agree whole heartedly with you having had dealings with Lawyers or Solicitors as we refer to them in Scotland. I know that some are good and genuinely want to help their client and others don't have a clue but willing to take your money without a thought to whether they might win the case or not. With regards to the geographical advice, I know that the laws vary from state to state in the US but was under the impression that Immigration was a federal matter. Maybe as my wife now lives in Indiana which it not one of the "Immigration Hot Spots" so to speak the immigration department there maybe a little more compassionate? Or is that too much to hope for with a government department?
 
You're right - immigration is by and large a federal matter and quite uniform across the states. The offices have geographic areas of responsibility, and there are minor differences in procedures. An attorney who knows your specific office is probably preferable, all other things being equal.

Regarding area, I think the immigration intensity doesn't do much for/against and they generally follow the same standards throughout the country. There is good amount of variation between officer to officer, but not really so much between different geographic locations. Processing times do vary more significantly between areas as you will see from uscis.gov site.

~T
 
Hi talkative, thanks again for your advice, I owe you a Pint or two at least. If it was not for the fact that my wife's Mom is on oxygen most of the day and cannot fly I would bring both of them over here however that isn't possible health wise in the short term. I have read in the newspapers here over the past few years that it is very difficult for the UK government to deport anyone. I am referring to Asylum seekers who have flocked here in their thousands. If all doesn't work out with the US Immigration department then I will bring my wife and Mother in law across here even if it means bringing Mom across by sea, I doubt if they would send them back to the US? Whatever happens and wherever we end up we will be together. This might sound funny as my wife and I have been apart for so many years but we both feel "young" and ready for a new start wherever it might be. I am in my late 40's and wife in her mid 50's but we feel like a couple of teenagers who are desperate to get on with life and start a fresh. I will keep you up to date with our progress.
 
Sure, you're welcome. Sounds like you're in love and you're never too late for that :) Best of luck, and do write here about how things go for you!!

BTW, you can also consider a H1B visa if you can find an employer or consulting company willing to sponsor you (very commonplace). Or L1 if you currently work for a company who has a branch in the US. The next set of H1B visas are available in a few months, so now would be a good time to explore this option.

If you are in US on a H1B visa, you can then wrestle with USCIS with no hurry as you can stay for 6 years. And unlike other visas, H/L visas allows you apply for permanent residency while still on a visa.

Best of luck!
~T
 
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Congratulations on the reconnection with your wife!

As a practical matter, I don't see any reason you could not visit your wife in the US. As long as you don't stay more than 6 months, it is a normal visa waiver situation.

I think a visit might be benefitial to your case. In a normal marriage case, you have to prove that it is a legitimate marriage at some point - which includes evidence of co-mingled finances. At this point in your life, it might be a little frightening to mingle your finance as each of you have debts and perhaps significant savings, investments etc.

Your wife might need to review her tax filings to insure that in the past she has filed her taxes as "married filing separately". If she has filed as "single", it might be cause to doubt the significance of the marriage.

I agree with the others that since you have an unusual case, a lawyer is a must. You may have to, upon his/her advice, take some actions to establish the legitamacy of the marriage before filing.

And lest we forget, this excellent web site is provided to us without cost by an immigration law firm and it seems only decent to give them a call and give them a chance at the business.

Here's the link to a description of their services.
http://www.immigration.com/ourservice/

The best of luck to you both!

-Ocelot
 
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