Please Help....GreenCard.....Forms, Rules, Regulations

M

Moments

Registered Users (C)
So glad there's forums like this. It seem the more i read, the more confuse i get cause everyone situation is different. Let me explain my situation, and any info or advice will be so appreciated. My wife and I got married 10 months ago here in CA. She live in Thailand, was here (CA) on vacation(tourist visa), met, and married. I'm a US citizen by the way. Other than vacation she comes here quite often due to her work as a flight attendance (work visa).

I'm in the process of submitting and turning in my form I-130 to apply for a GC for my wife. She brought to my attention about not being able to enter US with her tourist visa anymore once form is turn in. Does this apply to her? I'm the one who's doing the petitioning (I-130)and representing her cause she doesn't live here. I'm not going anywhere so it's not "Abandonment" correct? If she lives here form I-485 and I-131 would be more suitable if leaving US, but that's not the case. In this case we are worried that once paper is submitted and she's fly here to see me on vacation (not work), that they won't let her in, cause process affect her visa. Can she still come and go with her visa once i turn in form I-130?

After days of looking, reading and numerous calls, i still don't have a definite answer. I bump into this forum, register, and hope someone with experience or knowledge of this can help me out. Thanks again
 
Once you file the I-130, that creates an entry in the immigration systems that she is married to a US citizen and wants to immigrate. If they know or strongly suspect someone has immigrant intent, they will refuse entry with a tourist visa.

However, the fact that she has entered and exited the US multiple times after being married to a US citizen would help to counteract that issue (she would have to defend herself with that fact if harassed at the port of entry). And make sure you select a US consulate in Thailand for question 22 of the I-130, to make it easier for her to convince the officer that she will go to the consulate in her country to interview for the green card, instead of staying in the US to pursue the green card via I-485.

The bottom line -- she faces the risk of being refused entry once the I-130 is submitted, but her situation gives her a good chance of overcoming that obstacle.

I hope she applied for both visas long before marrying you; otherwise there may be other problems.
 
Last edited by a moderator:
and yes, she had both of her visas for many years. I believe she recently renewed her tourist visa (not sure if it's call tourist, travel, or something else)
 
this is in regards to question #22 on form I-130. Seeing US consulate in Thailand to interview for GC or is it for visa? Read somewhere that it's for visa. If she already have a visa, do she even need to do this? I believe her visa now let her stay up to 6 month at a time. Not something she want to do at the moment cause of work. Basically we're working towards having a family sometime next year and like to get this greencard out of the way
 
Last edited by a moderator:
Moments said:
and yes, she had both of her visas for many years. I believe she recently renewed her tourist visa (not sure if it's call tourist, travel, or something else)
Click to expand...

She renewed it after you married her? Did she mention having a spouse living in the US on the visa application? The application asks for that. Has she visited the US since renewing it?

this is in regards to question #22 on form I-130. Seeing US consulate in Thailand to interview for GC or is it for visa? Read somewhere that it's for visa. If she already have a visa, do she even need to do this?
Click to expand...
Q22 is referring to a consular interview for an immigrant visa, which is different from a tourist visa. An immigrant visa allows one to enter the US with permanent resident status, and the green card is automatically delivered a few weeks after admission into the US with the immigrant visa. So the immigrant visa interview is essentially the same thing as the green card interview; after the immigrant visa is issued, the only remaining step to get the green card is to arrive in the US.
 
Last edited by a moderator:
Moments,

You MUST file for Consular Processing through the US Embassy in Thailand for your wife's immigration green card.

Also, since she is also a flight attendant, she would most likely have a C1/D visa as a crewmember. C1/D is a nonimmigrant visa which can not be adjusted. Most likely her work entries into the USA were on her C1/D visa, whereas her personal visits with you were most likely on her B1/B2 visa.

If you file the I-130 with USCIS, it will be approved however, the I-485 will be denied. You should file for CP.
 
Singh4US said:
Moments,

You MUST file for Consular Processing through the US Embassy in Thailand for your wife's immigration green card.

Also, since she is also a flight attendant, she would most likely have a C1/D visa as a crewmember. C1/D is a nonimmigrant visa which can not be adjusted. Most likely her work entries into the USA were on her C1/D visa, whereas her personal visits with you were most likely on her B1/B2 visa.

If you file the I-130 with USCIS, it will be approved however, the I-485 will be denied. You should file for CP.
Click to expand...

In addition to everything already stated, if an I-485 were filed she would not be able to leave the U.S. without advance parole or else the I-485 is deemed abandoned and denied. It might take 3 months to get the advance parole after filing. This would interfere with her job. I-485 is impractical for her situation.
 
Thank you all

Jack... Yes the renewed was after marriage and she been using it several times in the last 12 months. Last time used was Thanksgiving and Christmas. Next time used is Feb, our one year anniversary. I don't know if she mention anything about being married to me, but it was renewed. Now that i'm about to submit my I-130, somewhat afraid that she might run into trouble at port. We will used what we've learned here accordingly if it should come up. Hope it doesn't cause hate to see my wife d o a long trip just to be sent back. And thank you so much for clearing up #22, thank you thank you

Thank you Sing, i believed those are the two visas she have

Thank you Big, i will definitely go with the I-130 now. Wasn't sure before i join the forum, but confident now. Again, thanks to all
 
You must log in or register to reply here.
Top