Marrying a green card holder and moving to US

G

goldie6

New Member
I and my fiance who is a permanent resident plan to marry in India (our home country). Currently I have a B1/B2 visa which is valid till June 2011. I want to use this visa to enter US and then file for a family-based GC from there.
Kindly let me know whether this will have any negative impact at the port of entry on my entering US and is in conflict with the notion "marriage with the intent of immigration". What are the possible questions that might come up and how to deal with them?
If this is the case, then how to go about the process to facilitate my entry into US and stay with my husband.
 
You are right, you can't get married in India and then come to US and lie at POE about your intention of just visiting the US.
You might have a conflict of intention at your furure adjustment of status interview if you abuse your B1/B2 as it is not a dual intent visa.
Adjustment of status is only granted after a B1/B2 entry if there is a sudden change of circumstances warranting adjustment, it is very risky as you will be already married when you will be trying to enter US.
Another thing to consider is that he is a GC holder not a US Citizen, the leniency afforded by the INA for adjustment of status for US citizens are greater than it is for LPR's.
 
goldie6 said:
I and my fiance who is a permanent resident plan to marry in India (our home country). Currently I have a B1/B2 visa which is valid till June 2011. I want to use this visa to enter US and then file for a family-based GC from there.
Kindly let me know whether this will have any negative impact at the port of entry on my entering US and is in conflict with the notion "marriage with the intent of immigration". What are the possible questions that might come up and how to deal with them?
If this is the case, then how to go about the process to facilitate my entry into US and stay with my husband.
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After you marry, then he files the I-130 immediately at the Chicago Lockbox. Your F2A priority date (I-130 filing date) has a strong possibilty of becoming "current" in 6 months. Then you start the Consular Processing to get your immigrant visa. Once you get your immigrant visa in your passport you'll have 6 months to enter the U.S. You become a "conditional" lawful permanent resident (LPR or CR) upon entry. You will get a 2 year greencard as a C21 conditional spouse of LPR. Three months before the card expires you and your spouse file a form I-751 to lift conditions. Upon approval you get a new 10 year card without conditions. All conditional time will then count towards naturalization. You can file form N-400, Application for Naturalization 4 years, 9 months and 1 day after the "resident since" date on you greencard, if otherwise eligible.
 
Take the help of international moving services who may help you out in carrying out the legal procedures and get yourself settled down with ease. These international relocation service providers will help you in the goods shipment process and also guide you regarding immigration process in depth.
 
Dear forum members.

I am GC holder for 6 years and out of US on reentry permit for 1.5 years staying with my wife waiting for her priority date to become current.
question: does the petitioner staying away on valid reentry permit slow down the process or provide any ground for visa denial to the beneficiary?

I got married last year only and my wife's i-130 file date is Jan 12, 2011.

Thanks.
 
AnyTimeNow said:
Dear forum members.

I am GC holder for 6 years and out of US on reentry permit for 1.5 years staying with my wife waiting for her priority date to become current.
question: does the petitioner staying away on valid reentry permit slow down the process or provide any ground for visa denial to the beneficiary?
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It slows the process down by jeopardizing your eligibility for citizenship. If you become a citizen you don't have to wait for the priority date to become current.

You have a GC for 6 years -- why didn't you apply for citizenship? How long have you already been abroad? If you've only been abroad for a few months, and you want to really speed things up you should return to the US right now and stay until you get citizenship (with nothing more than a few short trips outside the US, like 2-3 weeks each). Then you can upgrade the petition to reflect your citizenship status, and your wife can get a GC a few months later.
 
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Thanks for reply Jackolantern.

I have been travelling in and out of US for work a lot so didn't get chance to apply for citizenship. I hope to move back to US permanently in Aug-Sep this year. Hopefully, my wife gets a visa too by that time.

thanks.
 
AnyTimeNow said:
I have been travelling in and out of US for work a lot so didn't get chance to apply for citizenship.
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Have you been traveling so much that you fail to satisfy the physical presence or continuous residence requirements? Do you have approved N-470?

I hope to move back to US permanently in Aug-Sep this year. Hopefully, my wife gets a visa too by that time.
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If you mean immigrant visa, your wife won't get one this year unless you get citizenship. The wait time for the priority date to become current for spouses of green card holders is about 4 years. And by staying abroad for most of this year, you're jeopardizing your continuous residence for naturalization unless you have an N-470.
 
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