Need advise: Discontinued F-1 in home country with US Citizen husband

[WhiteSand]

Hello All:
Can someone advise on my situation.

I was an F-1 student in the US from countryA. And met and married a GC holder from Country B. Marriage in US. We have kids born in US.
But due to family reasons, i had to take a leave of absence from studies, and return to my home coutnry A. My husband also came to CountryA to live and work in countryA temporarily. My F-1 has expired in the meantime. I then applied for a visitor visa (with GC husband disclosure, he was in countryA) and received it.

Now my husband has returned to US, and has applied for his citizenship (is eligible). Now i am ready to go back for my studies and also meet with my husband again,

My question is:
1) Should I go ahead and visit the US as a visitor since i have visa, and once he receives the citizenship apply for my GC.
Or
2) Should I apply for my F-1, and state in it my husband is in US and applied/probably will receive citizenship by then, and then apply for my GC when I am in US on F-1 (if i get it)
Or
3) just wait and let him get citizenship, and then apply for my GC, and then re-enter to join my family ??

please advice.

 

[WhiteSand]

hello .. any advice please ?? from my above discribed situation, what would be a better option for me ?? Thnx.

 

[Jackolantern]

Wait for him to get citizenship, then file for a green card via consular processing.

But if he has spent extensive time outside the US, he may not get approved for citizenship now. How long was he in "country A" overall?

You surely won't get an F-1 now with your husband being in the US with a green card or citizenship.

 

[Triple Citizen]

Jackolantern has suggested the best option. However he has also raised a very valid concern. Is your husband truly eligible for naturalisation? How long was he away from the US when he was working in your country?

hello .. any advice please ??

 

[WhiteSand]

thank you. he was away from US for 18 months. but his company applied for his preservation of residence when he went out on work. and he visited US per his company advice within 6 months everytime so that no issues arise.
Before that he has been in US 3.5 yrs (except for 2-3 week vacations a year) since he received his permananet residence. And when he retuurned from his 1.5yr assignment, he has just completed the 5yr since receiving GC. So he applied for citizenship. From what we read on this website, he/I think it would be OK.
Do you guys see any problems with this that we have overlooked ??

And my second question is can/Should I use my current valid visitor visa to spend a few months with him. would that be a violation ?? if i stay on visitor visa, can he aply for my GC after he receives his citizenship ?? Or If I enter on visitor visa for a few months, but leave the US before he applies for my GC, would that be a violation of the Intent still ??

I am trying to navigate it safely, but also we would like to spend time together since our triplet kids are only 2 years old.
thanks.

 

[Jackolantern]

thank you. he was away from US for 18 months. but his company applied for his preservation of residence when he went out on work.

Good. If what you're saying means he got an N-470 approved, those 18 months outside the US won't be a problem.

And my second question is can/Should I use my current valid visitor visa to spend a few months with him. would that be a violation ?? if i stay on visitor visa, can he aply for my GC after he receives his citizenship ?? Or If I enter on visitor visa for a few months, but leave the US before he applies for my GC, would that be a violation of the Intent still ??

If you leave the US before he applies for the GC, or even while the GC is in process, and go to interview for the GC at the US consulate in your country instead of staying in the US to pursue the GC process to completion, it will not be a violation of the nonimmigrant intent of the visa. However, you may not be let into the US as a visitor in the first place, if the officer at the port of entry is aware of your marriage to a permanent resident or citizen who lives in the US.

 

[WhiteSand]

I applied for my visitor visa only a few months back, when my husband was still outside the US for work. At the consulate, the visa officer, actually saw in my application that i was married to a GC holder and have citizen kids, and asked me queastion about it and where my husband lives, and i replied that i intend to visit US for a few months and return, my husband was still outside US.
But since then my husband has returned back to US.. so I am not sure how it will playout at the port of entry. I will be travelling with my small kids, and last thing i want is turned back at Port of entry, or have a remark in my file which will create issues later in my GC application. If it is a safe option to enter, live for some time, and return to homecountry for GC interview, i would prefer that. otherwise i would sit tight and bide my time if that is safer ..

thanks for taking time to respond.

 

[Triple Citizen]

Say exactly that at the POE and hope that they let you enter.
Can you confirm that the form your husband's employer processed for him was indeed an N-470?

If it is a safe option to enter, live for some time, and return to homecountry for GC interview, i would prefer that.

 

[WhiteSand]

yes. it was N-470. It was approved.
So you think it is worth trying to visit US, and do i have a good chance to enter ??
If I do get turned back at POE, will it reflect negatively on the GC or Citizenship application later??

otherwise i would rather spend the cost of these tickets to hire a good attorney and not put the kids through the harrow of the travel ??

thanks.

 

[kaylee]

I think as long as your husband can get his citizenship and you are in the US, you will be fine een if you overstay your visa.

 

[Triple Citizen]

I cannot comment on what your chances at the POE will be. If denied entry, that will not impact negatively on your consul route based immigrant visa. Just do not lie and do not volunteer any information at the POE.

So you think it is worth trying to visit US, and do i have a good chance to enter ??
If I do get turned back at POE, will it reflect negatively on the GC or Citizenship application later??

 

[Jackolantern]

So you think it is worth trying to visit US, and do i have a good chance to enter ??

With US citizen children accompanying you, I would guess that your chances at the POE are not good. The officer is likely to ask where their father is.

If I do get turned back at POE, will it reflect negatively on the GC or Citizenship application later??

If you are sent back for reasons of immigrant intent, you probably will be unable to enter the US with a visitor's visa for years, and you may have difficulties obtaining visas to other countries (if the US communicates the refusal of entry to other countries or if it is stamped in your passport or if the visa form for the other country asks about ever being refused entry to any country). But it won't hurt your ability to get an immigrant visa at the US consulate.

otherwise i would rather spend the cost of these tickets to hire a good attorney and not put the kids through the harrow of the travel ??

What do you think you need an attorney for?

 

[WhiteSand]

With US citizen children accompanying you, I would guess that your chances at the POE are not good. The officer is likely to ask where their father is.

So what if i say father is in the US as GC, and I intend to visit and then leave ?? OR If I say father is travelling or something vague like that ? I am being accompanied by my dad during the trip to help with kids, and his brother lives in US too, so we could say i am visiting the uncle.

If you are sent back for reasons of immigrant intent, you probably will be unable to enter the US with a visitor's visa for years, and you may have difficulties obtaining visas to other countries (if the US communicates the refusal of entry to other countries or if it is stamped in your passport or if the visa form for the other country asks about ever being refused entry to any country). But it won't hurt your ability to get an immigrant visa at the US consulate.

When i applied for my visitor visa month ago, the visa officer actually asked me about my husband since i mentioned his GC in the appliaction. But he gave me the visitor visa anyway. so should i assume, if i say i will not immigrate during this visit, the POE officer will put an exit date and let me through ? I can immigrate later with a consular processing ..
And if I get turned back, Why would i need a visitor visa again ?? worse case i wait back home for my GC, maybe about a year (4 months for my husbands citizenship, and then probably 6-8 months for my GC ??)

What do you think you need an attorney for?

Actually my husband is doing a phone consultation with an attorney tomorrow for $200 to get another opinion.. it depends on what sugestions we get from them.. I am hoping we can do the paperwork on our own..

 

[Jackolantern]

So what if i say father is in the US as GC, and I intend to visit and then leave ??

The issue is whether they will believe you, because many others in a similar situation enter the US and don't leave.

OR If I say father is travelling or something vague like that ?

And if they dig deeper?

I am being accompanied by my dad during the trip to help with kids, and his brother lives in US too, so we could say i am visiting the uncle.

Be careful what you tell them, as they note it down in the computer for future reference.

But he gave me the visitor visa anyway. so should i assume, if i say i will not immigrate during this visit, the POE officer will put an exit date and let me through ? I can immigrate later with a consular processing ..

At the POE it will be a different officer, who may not be so friendly. But yes, you need to say you will leave without overstaying.

And if I get turned back, Why would i need a visitor visa again ??

If you're going for an immigrant visa without future visits before the immigrant visa, you wouldn't need one. But I was just explaining the consequences of being sent back. Whether the consequences matter to you is up to you to figure out.

Actually my husband is doing a phone consultation with an attorney tomorrow for $200 to get another opinion.. it depends on what sugestions we get from them.. I am hoping we can do the paperwork on our own..

You can do it on your own, unless there is some other complicating factor you haven't told us about.

 

[WhiteSand]

I meant my dad's brother (my uncle) lives in US, which is true. so i could say my dad and are visitng the uncle. but yes, i have a husband who lives in US too, so we will visit and leave without overstaying.. but what are the chances POE officer will believe ? acutally it sounds stupid to my own ears.

I have No other complications. I used to have a HRR earlier, but i completed my 2 yr home residence already. so i dont think it will be an issue.
We are hoping the attorney consultation will help us decide how to proceed with my situation, To help decide to stay back and wait for his USC, or visit and risk POE issues ?
Also, if my husband goes ahead and files my papers for GC even before he gets his citizenship, does that help me speed up process when he gets his citizenship ??
Can you tell me if i stay back and he gets his citizenship in April (phoenix is taking 4-5 months?) and we file my papers right away, what is the earlist possible when i can step in ?? do i have to wait till GC, or is something like EAD sufficient to enter since we have kids to support ??
thanks.

 

[Jackolantern]

I meant my dad's brother (my uncle) lives in US, which is true. so i could say my dad and are visitng the uncle. but yes, i have a husband who lives in US too, so we will visit and leave without overstaying.. but what are the chances POE officer will believe ? acutally it sounds stupid to my own ears.

I think you'll be better off just being clear and true with the officer, firmly stating that you understand you're not supposed to immigrate upon entering with a tourist visa, and that if and when you immigrate you will pursue it at the consulate. And that your visa was granted while the consulate knew about your permanent resident husband, because they trusted that you will leave the US without overstaying, and you intend to honor that trust by returning to your country on time. And remind them that you were previously in the US in J-1 status while married to a permanent resident, but you left the US anyway. But don't give that big speech if you don't have to. Say as little as possible to answer their questions, only going further if you're being backed into a corner to explain your intentions.

I'll tell you something I learned from a friend who used to work at a US consulate. Whenever somebody overstays a visa or otherwise violates the visa's terms, it is marked against the record of the consular interviewer who granted the visa, and the POE officer who let them in. Those statistics play a role in who gets fired or gets a raise or promoted. So the officers at both ends have a personal career stake in the behavior of visa holders. Can you imagine the hell for whoever approved the visa of the Nigerian bomber?

As you can expect, the officers who have racked up a high rate of overstays and violators may become extra harsh with the next set of people they interview, as they try to improve on their on bad record. And the feedback loop enables them to learn to spot the characteristics of people who don't come back, so if you have those characteristics they're likely to give you a hard time, even if your intentions are honorable.

Also, if my husband goes ahead and files my papers for GC even before he gets his citizenship, does that help me speed up process when he gets his citizenship ??

If anything, filing before citizenship is likely to slow it down. First of all, some of the papers cannot be filed yet, because he is not a citizen. The I-130 can be filed, but it will go into a slower queue because he is not a citizen. Then upon gaining citizenship, before you can file the other papers and interview for the immigrant visa he has to get the I-130 upgraded to reflect his citizenship status, and that can involve months of waiting and hassle, as they are often slow to process the upgrade and neglectful of informing you if and when they processed it.

On top of it all, the I-130 would increase the chances of trouble for you at the POE, as it brings attention to your marriage with a permanent resident and your desire to immigrate (although you want to do it the right way by interviewing at the consulate instead of violating the terms of the visa and staying, they aren't necessarily going to easily believe you).

Can you tell me if i stay back and he gets his citizenship in April (phoenix is taking 4-5 months?) and we file my papers right away, what is the earlist possible when i can step in ??

3-6 months after he files the papers. Maybe a bit more, maybe a bit less, if the US consulate in your country is particularly slower or faster than normal.

do i have to wait till GC, or is something like EAD sufficient to enter since we have kids to support ??
thanks.

EAD is not an entry document. You'll need to wait for the immigrant visa.

 

[Triple Citizen]

Such a move has a higher chance of being counter productive.

Also, if my husband goes ahead and files my papers for GC even before he gets his citizenship, does that help me speed up process when he gets his citizenship ??

 

[WhiteSand]

Thank you for all your advice.
A followup. We finsihed talking to the attorney a short while ago, thought i will share it with the forum.
Basically, most of conversation was similar to this thread. nothing new. if possible staying in my home country is the safest for me. And If i intend to spend time with husband in US, then there is the risk of POE interview not going good. If that happens and if i am put back on flight to return, there will be a negative mark for re-entry for 5 yrs, that's what the attorney said.
But one option out is to disembark in canada, go trhough canadian immigration, and then take a flight from canada to within US. In this case, all the customs and immigration check are performed in canada pre-flight. and if there is a POE type of issue, then it is considered a withdrawal, not a deportation. so if any issue I can stay back in canada for a couple days of rest with kids, and go back to countryA.
And yeah, the attorney basically advised if i come for a visit, do the counsular processing.

let me know if you guys have any comments on this. thanks for all your advice and time.

 

[WhiteSand]

Hello, any comments on my last post.. I am stil a bit worried.. Do you guys (Jackolantern, Triple citizen) think this is Ok and less risky?? Just want to get one more confirmation to help me decide .. any other advices ?? thanks for your help..

 

[Jackolantern]

The Canada trip looks like a good plan. There doesn't seem to be any big penalty for being refused entry to the US by agents at the Canadian airport. However, you still have to make sure you're choosing one of the Canadian airports that has the US immigration screening on the Canadian side and a flight that lands in the US without another such screening.

Also, if possible, it would be better if your husband or somebody else can take the children into the US on a different flight, so you can go through the immigration screening alone. Otherwise, traveling with a GC husband and USC children would be like shining big neon lights saying you're going to stay in the US forever once you get let in.