Is a Greencard even possible in my situation?

[vagabondette]

Hi everyone,

I'm a new member of the forum and am very happy I've found you! I've been researching the whole greencard process and it's amazingly confusing and since I have a different situation I can't seem to find any real information. I've been reading the threads here about all the information people have to provide and I'm beginning to think it may not even be possible to get a greencard for my husband. Here's my situation, I'd appreciate any feedback.

I'm a USC, my husband is Mexican. We were married last month in Mexico. I've been living here on and off for more than 2 years and this is where we'll call home. However, we will visit the states on a regular basis, generally for several months at a time. We'd like for my husband to be able to work while we're here as it would help us financially.

Here are my concerns:

1 - Mexico is different from the US so we don't have ANY joint documentation like leases, bills, etc. We might be able to get a joint bank account, but that's about it.

2 - I have been providing most of my living through volunteering and bartering which means I make very little money. Not enough to require the filing of taxes so I haven't filed in several years.

3 - I don't make enough to support the both of us in the US for the months that the application process will take if he can't work while we're there waiting and we don't have enough in savings and would prefer not to borrow.

4 - I don't make enough to support my husband if he's unemployed in the US.

My questions:

1 - Can we file all the paperwork while living in Mexico and only come to the US for the interview? I tried looking into doing everything down here (apparently it's possible) but the Merida embassy (where we live) doesn't do any of this stuff, the Mexico City office (which has jurisdiction over the Yucatan) doesn't seem to do greencards and the Juarez office does greencards but not for people from where we live. We'd have to move to Juarez and since it's a war zone now, that's not an option.

2 - Since we live in Mexico and don't have any joint paperwork, will we have a problem?

3 - Is the fact that I've not filed taxes for a few years a problem even if I was under the minimum income level?

4 - If we're planning on living in Mexico and only visiting the US, will that be held against us?

5 - Would we qualify to file a joint affidavit of Support? I can't support him on my own but he has an uncle he would be working with and other family/friends in the US who would probably be willing to file for him.

6 - He currently has a 10-year tourist visa. Can he still travel to the US on that even though he's now my husband? If so, and if we need to be in the US during the whole application/approval process, what happens after 6 months when he is required to leave the US?

7 - At this point, we don't want to file for permanent residency because we won't be living there permanently. However we don't want to completely disregard the option for the future so should we/do we have to file now for that or can we file it later if we decide to move back to the US for an extended period of time?

Given our situation, is it even likely that we'll get approved?

Thanks for any feedback. I feel like I've been hitting my head against a wall so I'm hoping someone might have some answers to my questions.

Thanks!

 

[Jackolantern]

He can easily get a green card by pursuing the process through a US consulate in Mexico. They don't expect much of joint anything, since he's living outside the US.

1 - Can we file all the paperwork while living in Mexico and only come to the US for the interview? I tried looking into doing everything down here (apparently it's possible) but the Merida embassy (where we live) doesn't do any of this stuff, the Mexico City office (which has jurisdiction over the Yucatan) doesn't seem to do greencards and the Juarez office does greencards but not for people from where we live. We'd have to move to Juarez and since it's a war zone now, that's not an option.

I think you were getting those responses from the consulates because their responses were based on the assumption of Direct Consular Filing (DCF), where you would file everything with the consulate, from the initial petition (I-130) to the final visa paperwork. Consulates tend to be restrictive about DCF.

But if you went about it the normal route -- file I-130 with an immigration service center in the US, and then after I-130 approval the case gets transferred to a consulate for the remaining processing and interview, you should find a greater choice of consulates willing to interview him. Ask them specifically about if you filed I-130 with USCIS in the US, could he interview at the particular consulate.

He currently has a 10-year tourist visa. Can he still travel to the US on that even though he's now my husband?

If the officer at the border or airport knows about the marriage, they probably won't let him in because they'll think he plans to immigrate. But if you don't travel with him, and you haven't filed any immigration paperwork for him, they probably won't know. However, once he's taken a couple of trips into the US after being married, and left without overstaying, he would have a decent chance of being allowed to enter again even if they found out about the marriage.

If we're planning on living in Mexico and only visiting the US, will that be held against us?

Yes. The green card will be taken away if he primarily lives in Mexico after getting the green card.