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

[eagle5exe]

Hello,

I secured my Green Card (GC) in Sept 2009 through the visa lottery program, I included my wife's name and full details under part I section 21a & 21b of the DS-230 form (Persons who will follow you to the US at a later date) even though we were separated at the time, we are currently re-united and I wish to secure her GC as well as that of my 1month old baby, I really do not know what my options are and I want to see if I can get any info off the inquiries section.

Please how do I proceed, what do I do, am I also going to wait for 4-5yrs? Please help I need info on what to do?

Thanks

Eagle5exe

 

[sir5.7]

from what ive learnt once yours is issued its a shut case. check mt post bout my situation and a few of your answers will be there. http://forums.immigration.com/showthread.php?311351-green-card-and-partners

 

[Jackolantern]

Sir5.7,

Eagle5exe's case is very different from yours, because he was already married before the interview and listed his wife on the application, whereas you weren't married. I believe Eagle5exe's spouse could be eligible for follow-to-join (except that it might be too late now), but most likely not the baby who was born after his green card was approved.

Eagle5exe, did you win for DV-2009 or DV-2010?

 

[TheRealCanadian]

Eagle5exe, did you win for DV-2009 or DV-2010?

If he got the immigrant visa in September 2009, it was a DV2009 case. Since FY2009 is over, his wife and child cannot get a DV immigrant visa based on his - he'll need to sponsor the wife via FB2. Maybe not the child, if he brings the child to the US prior to its 2nd birthday.

 

[Jackolantern]

If he got the immigrant visa in September 2009, it was a DV2009 case. Since FY2009 is over, his wife and child cannot get a DV immigrant visa based on his - he'll need to sponsor the wife via FB2.

That's why I want the OP to clarify if it was the immigrant visa itself that was issued in September 2009 (for DV-2009), or if he only found out about the DV success in September 2009* and then later received an immigrant visa for DV-2010.


*they normally notify the winners by July, but mailing issues or changes of address could have delayed Eagle5exe's notification to September.

 

[eagle5exe]

I won for DV 2009. I have my green card now. I have been married since 2007 April 7, I live in Nigeria; at the time of the interview, we were separated and she didn't honor the interview. I have all her details as my spouse included in my application forms, and included her in the section 21a & 21b of the DS-230 form (Persons who will follow you to the US at a later date). We have a baby now (March 9t, 2010) and I want to relocate finally to the US with my wife and baby. I need to know if and what I can file for with respect to their status and mine. I am a GC holder

 

[Jackolantern]

Then it's definitely too late for your wife to get follow-to-join. It's there in the DV lottery instructions that the latest date for the spouse or children to get follow-to-join benefits is September 30, 2009. She'll have to wait until you become a citizen or wait out the 4-5 years for your FB2A petition to become current. Unfortunately you may have delayed your eligibility for citizenship if you have spent a long time outside the US since being admitted with the immigrant visa. How long ago did you leave the US? Did you get a reentry permit?

The baby may possibly benefit from the rule that allows a permanent resident parent to bring the baby to the US if the baby is under 2 years old and it is the parent's first trip to the US since the birth. The baby will then become a permanent resident immediately upon being admitted to the US. However, although either parent can bring the baby with that rule, I believe the rule requires the mother to be a permanent resident when she gave birth in order for the baby to be eligible. Contact the embassy in Nigeria to ask about that.

 

[eagle5exe]

I was in the US by september 2009 where I collected my green card however after 3weeks I had to return to Nigeria and at the time my SSN wasnt issued. Up until now I havent gotten it. I hear I must not stay outside of the US more than a year and if I do I will require a re-entry permit. Please does this affect my chances of acquiring a citizenship after 4/5yrs? I want to go ahead and file for my wife, while seeking for good advice on how to approach my baby's case.

I shall most likely be relocating to d US by August 2011. What should I do, what is involved in getting a re-entry permit, how much is d application fee? Can one be rejected re=entry and what does that imply..?

 

[Jackolantern]

I was in the US by september 2009 where I collected my green card however after 3weeks I had to return to Nigeria and at the time my SSN wasnt issued. Up until now I havent gotten it.

Did you request the automatic SSN when you applied for the immigrant visa? If not, you would have to visit a Social Security office with your GC to apply for one.

I hear I must not stay outside of the US more than a year and if I do I will require a re-entry permit.

Correct, if you stay outside the US for 12 months straight without a reentry permit, your GC is subject to cancellation and you can't use it by itself to reenter the US. You would have to apply for a Returning Resident Visa (SB-1) at a consulate and convince them that your intention was to stay outside the US for less than a year and unexpected circumstances forced your trip to be longer than a year. If the SB-1 visa is refused, your green card is dead.

Please does this affect my chances of acquiring a citizenship after 4/5yrs?

To become a citizen you need 5 years* continuous residence, and 2.5 years of physical presence in the US, among other requirements. See www.uscis.gov/files/article/M-476.pdf for details. Your absence since September 2009 means you will likely be found to have broken continuous residence, which means your 5 year citizenship eligibility clock would get reset to start when you return to the US later this year.

What should I do, what is involved in getting a re-entry permit, how much is d application fee? Can one be rejected re=entry and what does that imply..?

You must apply for it when in the US and give fingerprints for it, but you can leave the US after that. It can be rejected, but it's unlikely they'll reject it the first time. If it's rejected, it simply means you don't have it, which means you have to return to the US within a year. See http://www.uscis.gov/i-131


*less if you're married to a US citizen or in the US military, but that doesn't apply to you

 

[eagle5exe]

Ok..! I really dont have any issues with staying outside the US less than a year. In 2009 I came into the US in Aug 31 after obtaining my GC and left back to Nigeria by Sept 20. This year 2010 am going back to the US by June and should be back by July. Once am in by June this year, I will have to fix my SSN, I filled the part of the form to have it sent to the address of my GC but notting has been received. I hopefuly will have to shuttle like this until 2011 when am relocating finally. My biggest headache now is how to get my Baby's documents??? Do I also have to wait till 4-5YRS, my wife is not a citizen am only a GC holder, does that mean my family is going to be seperated from me to get this issue sorted out..?? please advice..

 

[Jackolantern]

Once am in by June this year, I will have to fix my SSN, I filled the part of the form to have it sent to the address of my GC but notting has been received.

If you visit an SS office with your GC and/or passport they should be able to immediately tell you if your SSN was issued and what your SSN is. Then you can request them to send another card (or the first card, if they never sent it in the first place).

My biggest headache now is how to get my Baby's documents??? Do I also have to wait till 4-5YRS, my wife is not a citizen am only a GC holder, does that mean my family is going to be seperated from me to get this issue sorted out..??

Yes, it looks like you're going to be separated for 4-5 years. Your wife was not a permanent resident when the baby was born, so the baby will not get an automatic green card by traveling to the US with you. Hurry up and file I-130 for them to establish the priority date for their green cards and put them in the queue.

 

[eagle5exe]

Thanks. Where do I file for them, should I file for them when i return from my trip in June of which I would be filing from Nigeria or should I file while I am in the US for the short stay or it really doesnt matter where I file from as long as my details are consistent?

And what does it mean when you say "Hurry up and file I-130 for them to establish the priority date for their green cards and put them in the queue" ???

 

[TheRealCanadian]

Thanks. Where do I file for them, should I file for them when i return from my trip in June of which I would be filing from Nigeria or should I file while I am in the US for the short stay or it really doesnt matter where I file from as long as my details are consistent?

File tomorrow.

And what does it mean when you say "Hurry up and file I-130 for them to establish the priority date for their green cards and put them in the queue" ???

The FB2 quota is highly oversubscribed, and is given out on a first-come, first-served basis. The 4-5 year wait doesn't even start until your I-130 is received by USCIS.

 

[eagle5exe]

But pls does it makes sense to file for the two of them now (wife and new-born baby) when I haven't even relocated and settled in the US? And what happens if their case or interview is called for when I am not even stayed for up to 2,3 or 4 years, wouldn't that be some collosal application fee loss!

And where do I apply from, Nigeria or US? I will be in the US by June 2010 for 3 weeks do I apply from there or should I apply from Nigeria, any advantages or differences? Pls advice!

 

[Jackolantern]

But pls does it makes sense to file for the two of them now (wife and new-born baby) when I haven't even relocated and settled in the US?

Do you have any kind of address in the US, even if it's a friend's or relative's address? If you have an address in the US where USCIS can send correspondence to you, file the papers for them now.

And what happens if their case or interview is called for when I am not even stayed for up to 2,3 or 4 years, wouldn't that be some collosal application fee loss!

There is a line with tens of thousands of people waiting in the family-based 2A category, and USCIS is just reaching the final stages (including consular interview, where applicable) for the people who applied 4 years ago. If you apply now, it will take another 4-5 years for USCIS to go through those people ahead of you and reach your family's application. So there is no danger of them being interviewed anytime soon. The longer you wait to apply, the more people who will get in line ahead of you.

And where do I apply from, Nigeria or US?

Apply ASAP, wherever you are. If you're in Nigeria now, send it by international courier to the appropriate USCIS address in America.

 

[eagle5exe]

Ok, now I get the drift. Any Idea how much the application fee is and do I get to pay for the baby as well? I am thinking of getting an admission F1 for my wife in the interim, I have asked her to take GRE and GMAT so that she can be with me in the US but I dont know if the F1 will cover for the baby when she is being interviewed, if it doesnt how do I get some eligible visa for the baby so she can at least go to school, get medical cover and other basic things while in the US with me and also while awaiting the I-130 application review. And eventually when the interview for I-130 is due, does my wife and baby have to return to Nigeria for their interview if the F-1 visa was successful an they are already in the US? I need some clarification here...pls???

 

[Jackolantern]

Download the instructions for the I-130, and it will show the fee and where to send it.

If your wife gets an F1, the baby can get an F2. She can apply for both the baby and herself in the same visit to the consulate. However, it will be difficult to get an F1, because she is married to a green card holder, so they will think she wants to immigrate. If they hassle her about being married to a permanent resident, she will need to convince them that she knows that she is not supposed to immigrate after entering with an F1 visa, she realizes she will not be eligible to immigrate for 4 or 5 years, and that if she pursues a green card she will return to Nigeria for the interview at the consulate.

And eventually when the interview for I-130 is due, does my wife and baby have to return to Nigeria for their interview if the F-1 visa was successful an they are already in the US?

When they reach her priority date and she becomes eligible for a consular interview, she would also become eligible to file I-485 to stay in the US to be interviewed and complete the rest of the process, instead of leaving to go to Nigeria. However, if she had to make efforts to convince the consulate or the officer at the port of entry that she would go to Nigeria instead of staying in the US to interview for the green card, it might be better for her to stick to her word and go to Nigeria. They make notes in the system about what is said in the visa interview, so it can be referenced in future interviews and applications. However, if you are a US citizen at that time, it should be safe for her to file I-485 and stay in the US (they are lenient on the immigrant intent issue for spouses of US citizens).

 

[eagle5exe]

But does my wife really need to mention anything about my visa status? Cant she just apply like any other neutral person for the F-1?

 

[Jackolantern]

The visa application requires the applicant to list the names and immigration status of close family members living in the US.

And even if it didn't, the fact that she would also be applying for the baby would make the interviewer ask about who is the father and where he is.

 

[eagle5exe]

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................