Unique situation

S

siri2001

Registered Users (C)
Hi,

I am in a quite unique situation and would appreciate if anyone here can help or give any insight. I got my GC via consular processing in Jan 2003 and was married before applying for the GC (2 year earlier). At the time, my lawyer suggested me to file for follow-to-join for my wife. However we weren’t sure if we want to stay in US for good so we decided to file only for me but not my wife (bad decision!). After I got the GC, we left US for couple of years and I recently came back to US via the reentry permit. Now we decided to settle in US. I want to bring my wife here and want to apply for her GC.

1) Can I still file the follow-to-join for my wife? (Don’t want to go with the I-130 route as it could take longer). Note: I did put my wife's name in my application and I filed with married status

2) I lost all of my original application and related documents for my GC case. I checked with my lawyer and he also doesn’t keep any document for my case. If we are still eligible for the follow-to-join benefit, can I request the original documents for my case from the USCIS? If yes, what form do I need to file to get the original application and documents?

3) I came back to US in April 2006 and should be eligible to file for citizenship in April 2010 (4 years and 1day). If we can’t file the follow-to-join and need to do I-130 (3-4 years processing), should we wait until I get my citizenship and apply for her?

If there are other options, I would welcome any comments and suggestions. Thanks
 
1) Can I still file the follow-to-join for my wife? (Don’t want to go with the I-130 route as it could take longer). Note: I did put my wife's name in my application and I filed with married status
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That is up to her, not up to you. She can submitt her DS-230 as following-to-join.

2) I lost all of my original application and related documents for my GC case. I checked with my lawyer and he also doesn’t keep any document for my case. If we are still eligible for the follow-to-join benefit, can I request the original documents for my case from the USCIS? If yes, what form do I need to file to get the original application and documents?
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If she is applying to the same consulate where you had CP, she needs only case number. Contact the consulate and find it out.
 
raevsky said:
That is up to her, not up to you. She can submitt her DS-230 as following-to-join.

If she is applying to the same consulate where you had CP, she needs only case number. Contact the consulate and find it out.
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Thank for the reply, raevsky.

Are you saying she can file for the GC by herself? I thought that I will have to file either I-824 (follow-to-joint) or I-130 for her. I'm not familiar with the process that my wife can do it. Can you provide more detail? Thanks.
 
Is that the same consulate you were processed by?
What consulate were you processed by?
In what country does she live permanently?
 
Yes, it will be the same consulate (Thailand) where my case was processed. She used to stay with me in US with H-4 visa while I applied for employment-based GC. Currently she is living in Thailand.

BTW, how long it would take to process the DS230? If she files for the DS230,can she come to visit and stay with me for short period using her tourist visa while waiting for the approval?
 
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All information regarding your immigrant visa should be on file in the consulate. Call them so that they would be able to locate your file. Additionally, they might need a copy of your plastic GC.
Then she needs to file DS-230 form. That is it.
I-824 is needed if that were another consulate.
 
It sounds simple than I thought. BTW, how long it would take to process the DS230? If she files for the DS230 from Thailand, can she come to visit and stay with me for short period using her tourist visa while waiting for the approval?
 
Does she have the tourist visa already?
When did she get it?
You mean she wants to come before the interview and return for the interview?
 
Yes, she already has the tourist visa and I want her to come visit or if possible stay with me while waiting for her GC to be approval. That's why I would like to know how long it would take for the whole DS230 process and whether the consulate will cancle her tourist visa.
 
On her visa application for the visa did she put the information about her US permanent resident husband?
 
I am just asking because that could very well be a disqualifying factor to get the visitor's visa, and if she misrepresented the information (which is possible, especially provided she received the visa), that could lead to denial of her DS-230.
 
raevsky said:
I am just asking because that could very well be a disqualifying factor to get the visitor's visa, and if she misrepresented the information (which is possible, especially provided she received the visa), that could lead to denial of her DS-230.
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I see. She could have done that because she got the 10 years visa long before marrying me when her status is still single. I'm not sure if the consulate asked these questions when she renewed it. She just told me that she got it renewed.

If that is the case, should she file the DS230 herself? or Should I file normal I-130 for her and hope for the best?
 
If that is the case, should she file the DS230 herself? or Should I file normal I-130 for her and hope for the best?
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If what is the case?

The question about US resident husband is on the DS-156 form (for a non-immigrant visa). You mean if she actually made a misrepresentation on DS-156 form?

Then the smartest thing for her would be not to use her non-immigrant visa at all. And if the question arises at the immigrant visa interview, just to tell them she did not want to get the non-immigrant visa from the very beginning. She applied just for fun.
 
raevsky said:
If what is the case?

The question about US resident husband is on the DS-156 form (for a non-immigrant visa). You mean if she actually made a misrepresentation on DS-156 form?

Then the smartest thing for her would be not to use her non-immigrant visa at all. And if the question arises at the immigrant visa interview, just to tell them she did not want to get the non-immigrant visa from the very beginning. She applied just for fun.
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TheRealCanadian said:
I'd try the DS-230 and do FTJ. She's eligible to do it, no point waiting for FB2.
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Thanks Raevsk and TheRealCanadian

I checked with my wife and she did misrepresent her status as single when she renewed her visa on April 2008. She used the new visa to come and visit me in May.

How bad of the situation are we in? Should she file the DS230 as suggested by both of you? or Do we have any alternative?

I am now afraid that both her DS230 petition and tourist visa will get canceled if she files for the DS230.
 
Misrepresentation and lying on a visa application is serious. You need to consult with an immigration attorney before doing anything else.
 
If she used the new visa already, that looks pretty bad. To minimize her chances to be banned for life, I would not use FTJ and file a new I-130 instead. I would also stop using the visa that was obtained illegally.
 
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