LPR wife - Non-immi visa denied any chance?

H

homer4all

Registered Users (C)
I am male 29, Australian citizen since 2 years and originally from india.
Got married July 2008 to US LPR wife who is not eligible for USC for another 4 year.
Wife is LPR since last 10 year.

My history:
1. 2007 - Dec H1b denied and still under 221(g)
2. 2008 - Aug E3 denied on basis of pending H1b
3. 2008 - Married to US LPR
3. 2009 - Jun B2 denied since wife is LPR and few times visa denials
4. 2009 - July applied I130 finally
5. 2009 - Aug apply I-131 and approved for 2 years

Wife is currently with me in Aus and we both wondering best chances to migrate US without waiting for long I-130 process.
Also don't want to place her GC in trouble.

Any suggestions?

Thanks,
Homer
 
Last edited by a moderator:
homer4all said:
I am male 29, Australian citizen since 2 years and originally from india.
Got married July 2008 to US LPR wife who is not eligible for USC for another 4 year.
Wife is LPR since last 10 year.

My history:
1. 2007 - Dec H1b denied and still under 221(g)
2. 2008 - Aug E3 denied on basis of pending H1b
3. 2008 - Married to US LPR
3. 2009 - Jun B2 denied since wife is LPR and few times visa denials
4. 2009 - July applied I130 finally
5. 2009 - Aug apply I-131 and approved for 2 years

Wife is currently with me in Aus and we both wondering best chances to migrate US without waiting for long I-130 process.
Also don't want to place her GC in trouble.

Any suggestions?

Thanks,
Homer
Click to expand...




USCIS knows your full history already, you have too many denials. Unfortunately, unless you win the greencard lottery, you have to wait for your wife to become a US citizen. So, waiting till 2013 seems to be the only option right now, because you couldn't even be issued a H1B visa. When she becomes a US citizen, then your petition will be ungraded and you will get your greencard within a year or so. :cool: The only way to not get your wife in trouble is for her to be in the US, maintain her residency requirement. If she in Australia more than the US, she won't be a USC for a long time, and it means you will continue to be outside the US, while she has to remain here. So, to help her, ensure she meet all GC residency requirements, so that the 4 years should pass pretty quick...:rolleyes:
 
lpr wife

Hi,

Thanks for your replies and suggestions...

We don't want to get separated for longtime since she becoming USC will take another 4 years.

I tried for work visa few times but all got rejected and only option I can see is to wait for I-130 to process which will take another 4 years.

Not sure how all this situation will goes...lets hope for the best.

Cheers,
Homer
 
homer4all said:
Hi,

Thanks for your replies and suggestions...

We don't want to get separated for longtime since she becoming USC will take another 4 years.

I tried for work visa few times but all got rejected and only option I can see is to wait for I-130 to process which will take another 4 years.

Not sure how all this situation will goes...lets hope for the best.

Cheers,
Homer
Click to expand...

It's not the best situation, but I hope you two make the most of it. Good luck to you both.
 
homer4all said:
Got married July 2008 to US LPR wife who is not eligible for USC for another 4 year.
Wife is LPR since last 10 year.
Click to expand...
What stopped her from applying long ago? She took a long trip outside the US?
Wife is currently with me in Aus and we both wondering best chances to migrate US without waiting for long I-130 process.
Click to expand...
0.0001% chance.

And your wife is jeopardizing her citizenship eligibility by living in Australia. Instead of waiting 4 years from now, she may have to wait 4 years after she returns to the US.
 
Both L1 and H1B are dual intent visas; unlike B2 when you may not have immigrant intent, on H1B and L1, immigrant intent does not disqualify you from receivng a visa if otherwise qualified.

It appears that your H1B from 2007 is still pending. Follow up on it. If necessary withdraw and find a new employer to sponsor you.
 
Can't use VWP since H1 pending and E3 denied.

Concerned4us said:
Both L1 and H1B are dual intent visas; unlike B2 when you may not have immigrant intent, on H1B and L1, immigrant intent does not disqualify you from receivng a visa if otherwise qualified.

It appears that your H1B from 2007 is still pending. Follow up on it. If necessary withdraw and find a new employer to sponsor you.
Click to expand...

Thanks for the reply.

I am also thinking same of withdrawing pending H1 and try to find some good employer.

Cannot travel on VWP as need to fill out ESTA online which ask to appear for visa (b2) due to pending H1 and E3 denial - rejected for b2.

Wife haven't stayed in US for very long so still not eligible for USC.

Currently planning to find some employer who can fill for H1 (E3 is not dual intent) and continue waiting for I-130 to complete.

Any good tips in finding employer in this recession?

Cheers,
Homer
 
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