Kind of unique Immigration situation I guess..

RockOn!!

Registered Users (C)
Sorry, this is lengthy :(

Hi

So here's my story first<3

My husband(U.S citizen) and I(St. Lucian) haven't been rejected, but I'm a little concerned. See, We were supposed to get hitched in 2005 and I say hitched because we're like not into the whole marriage bells in a church thing, we're really artsy, wild, crazy (kids) we're not swingers or anything but pretty wild heheh.

Anyway we met in college, lost my virginity to him and shit, too much info I know :P, we we're attached to the hip for like 3 years - and we wanted to get married after I graduated (March)
We postponed it because apparently my school likes to kick you out of student housing as soon as you graduate and I couldn't find a job at the time. So I ended up visiting my aunt over in MA that month who was gonna help me out a little financially and stuff as my guy wasn't working at the time, so I was planning to stay with her for three months which I did then head back over to PHX and search for a job and stay with my guy.

I was on something called Optional Practical Training (A work permit for students) Anyway, so I'm about to pack up and head back to PHX cause the aunt was kinda getting weird...anyway and as I'm about to go that week, I get a job offer from a HUGE company! I was like SHIT YOU KNOW HOW MANY ENTRY LEVEL STUDENTS WOULD WANT THIS JOB??! So I told my husband and a bunch of friends back in PHX about it, my husband and i talked about it, and i decided hey, i wanna at least get a year exp with these guys so i can try to get out of this entry level thing and see how i like it, he agreed and supported my decision 100%, since he wasn't working and was still in school at the time and i had a job offer staring me in the face staying in MA was a good idea regardless of how crappy winter turned out to be,so I did, husband and i just talked over the phone and internet and stuff and it was, well weird at first but cool :)

So anyway, after 6 months at the job you finally get your week vacation, I saved it up for March of 2006 exactly a year after I had graduated, and flew over to Phoenix to see him and my friends, and we finally did it, ate our faces full that night etc.
Then I told him my training was almost up and that the company wants to rehire me on a work VISA in October but I wasn't exactly feeling the whole 9 to 5 thing and wanted to freelance instead, he thought it was a great idea to freelance yadda yadda etc.

So we hang, I go back to work the next week and I'm sitting there so not feeling it cause now that I went back and hung with my friends and shit the whole 9-5 thing was like ugh... so I'm sitting there waiting till the date where the work permit's up and it comes.

After the training permit was up I couldn't work in the States anymore but I could stay for another 2 months to travel around and stuff, so I'm sitting there staring at my vacation pay which I didn't actually use on vacation :P and wondering if I should go back to Phoenix or go see my family(as in the ones back in my country). Flying from MA to home is alot cheaper than flying from MA to PHX and I was REALLY homesick and missing them at the time after being a workhorse for a year for the first time :(...yea yea i'm immature, I decided I wanted to go home, at least for a while for like 4 months to relax, plus my mom was like OMG COME HOME YOU DID GOOD COME HOME AND RELAX, you know how moms are

So anyway, I'm sitting back home and I get a call from an Architectural firm, telling me that 3D work is very hard to come by there etc etc and they want me to work for them on contract after finding out I could do it. Because people hardly do this kind of work here it pays well, I was making about $3000 a month which was a little bit more than I was making back in the States AND on freelance terms!
Because of that I decided it would be best to stay so I could a) build a solid client base so I could freelance for people at home while I'm in PHX, b) Because it paid more than maybe any entry level job I would of had in the states and I kinda need to pay my loans back, c)Because its freakin' freelance and not same ol' same ol' 9-5 shit and I could work in my jammies d)Because everyone looked at me like I was some sort of god lol.

So I explained it to my husband that I was going to stick around for a couple more months and build a client base, he was excited for me and egged me on, said he was going to move back to his home state to save up some money himself (we actually plan to move to Cali and live there once we have enough dough if loans don't suck it dry) so we did the whole email thing (calling the U.S from St. Lucia on a constant basis?...yea NOT an option)

It's been a year now, I got my client base :) and I feel like taking on the world, I'm missing him like crazy and I'm ready to go back, but THIS is where the trouble begins. :(

--------------------------------------------------------


See, I was so freakin' care free and focused on the whole freelance client money thing, that I completely didn't even think about the whole immigration process I would have to go through in reuniting with my husband! Now, a year later I'd like to say I'm a bit more mature, I mean my husband had applied for a VISA before but we kinda lost the reciept...so they couldn't track our case and then we kinda just went meh... I'm working anyway for a year don't need to come back right now- now I look back on that and I'm like HOW THE HELL COULD WE LET THAT HAPPEN??

So shit, I'm confused because it one it probably would look to immigration like we don't give a damn first of all and are irresponsible and all that because on our second application in reason for rejection on last file we put "lost reciept number" :(, second, I've been away from my husband for a YEAR, no joint lease or bank account for obvious reasons since you know our situation, nothing! just my name on his employment papers as a beneficiary, and third if i go to get a visitors VISA to at least visit my guy they might reject it because they'll assume i'm "running off" to the U.S since I'm not full time employed and I freelance and because of the fact that I included that he's trying to apply for my permanent resident VISA on their form.

So I'm EXTREMELY worried now! I'm scared I'm not going to get to see him for a LONG time the first time was a decision by us, and now we've had enough! I don't think I can do this for another year or two or three... any advice?
 
Last edited by a moderator:
Wow, I'm worn out just reading all that... :eek:

So just to confirm - you are legally married, can produce a marriage certificate, and your husband has already submitted an I-130 although he lost the receipt?

Firstly, I think your husband needs to work on reviving the existing sponsorship paperwork if USCIS doesn't deem the application abandoned. Probably the best place to start would be the USCIS 800 customer service line. They are famously unhelpful, but you got to start somewhere right? If that doesn't work, he should probably schedule an Infopass at his local District Office, and see if anyone there can help him.

As far as your situation is concerned, you can try entering the US on a visitor visa, but there is a reasonable probability you will be denied entry at the PoE, especially if you do anything to suggest immigrant intent. Really you need to wait for the proper visa - it will take time, but in the long run you'll have less hassles during the eventual interview.
 
Sorry guys, I'm hyper and long-winded by nature lol!

In response to someone's question about when I got married, I got married March 2006, exactly one year after my graduation because we had intended to marry March 2005 after I graduated and it fell through.

I'm not trying to get a green card and i know that living together would really be a requirement for couples, but my major concern with though in getting a conditional immigrant VISA if this still is a necessity. could i be denied a VISA just because my husband and i weren't together for a year after marriage?

i'm not sure if it was a good thing to leave the u.s like that or if i should have just stayed and let him process my paperwork when i was there since i had 2 months left to be legally in the states
 
Sounds like you are in a bit of a catch-22 situation. You are likely to be denied a non-immigrant visitor visa because you are married to a USC, yet you may also have a hard time getting a GC (conditional or otherwise) because you'll have trouble proving a genuine marriage.
 
You don't have to necessarily stay with the guy who broke your virginiti...get another one; and forget the whole affair of the guy in the US. The best option for you now
 
You don't have to necessarily stay with the guy who broke your virginiti...get another one; and forget the whole affair of the guy in the US. The best option for you now
:confused: ? what kind of advice is that?...

Now, they are married... it may not be the example of a "perfect" marriage, but they are willing to work at it.
 
could i be denied a VISA just because my husband and i weren't together for a year after marriage?
no, if you can prove that you have married for love (bona fide marriage) and not solely for immigration benefits.

Since you left the US without applying for a GC, I think we can rule out the suspicion of marrying for immigration purposes only. The rest is up to you.

Next time - concise messages, and to the point. Your post is extremely difficult to read with all the irrelevant details...
 
Top