Visa and/or GC for wife

D

dumas9

Registered Users (C)
Guys,
Here's my scenario:
Got GC (Employer based) in August 2002. Left Employer in October 2004 - started my own business. Business is primarily based in India - so live in India for 9-10 months and in US for 2-3months since Oct.2004.
Got married in June 2005 - girl was in India (does not have any US Visa).

What are my options ?

My wish:
1. I would like her to accompany me on my trips to the US and elsewhere.
2. I would like her to get a GC once I get my US Citizenship.

What do I do ?
 
dumas9 said:
1. I would like her to accompany me on my trips to the US and elsewhere.
Click to expand...

I don't see any problem to travel with her "elsewhere" (getting travel visa for other countries), but it's going to be difficult (read, almost impossible) to get visitor visa in USA for her.


dumas9 said:
2. I would like her to get a GC once I get my US Citizenship.
Click to expand...

Yes, she will get her GC after you get your citizenship. However, as you are living in India for most of the year, your citizenship is also going to be delayed - as you are not going to meet physical residency requirement soon (2.5 years). Due to this reason I would advise you to file for immigrant petition (I-130) for her ASAP (without waiting for citizenship), so that she gets her priority date early.

As you are doing business, I also recommand you to write to senators and congressmen about this family separation problem - citing that due to this hardship you are having difficulty to spend time in USA and invest more in American economy (hence job creation etc etc etc :) ).
 
dumas9 said:
Guys,
Here's my scenario:
Got GC (Employer based) in August 2002. Left Employer in October 2004 - started my own business. Business is primarily based in India - so live in India for 9-10 months and in US for 2-3months since Oct.2004.
Got married in June 2005 - girl was in India (does not have any US Visa).

What are my options ?

My wish:
1. I would like her to accompany me on my trips to the US and elsewhere.
2. I would like her to get a GC once I get my US Citizenship.

What do I do ?
Click to expand...

I hope you have got a re-entry permit. You need to preserve your green card first. If you keep doing what you're doing, you will get into trouble at the POE, and they can assume that you have abandoned the green card. My advice for you is to talk to a good attorney.

Your wife will have almost ZERO chance of getting a visitor's visa as her immigration intent by marrying has been established.

If you meet the continuous residency and physical presence requirements, you will qualify to apply for citizenship in May 2007, i.e. after 4 year and 9 months after the green card. Depending on your location in the U.S. and a bit of luck, citizenship process timeline varies from 6 month to 2+ yrs. After that you can file for your wife's green card for immediate processing. You can also file for green card application now and upgrade it later when you become a citizen. Without your citizenship, it will take 3.5 to 4 yrs.
 
sg_orl and others.........re-entry permit etc.

Guys,
Firstly thanks for the responses.

In response to sg_orl.....nope did not get a re-entry permit. I didn't think that I needed one since I make a trip to the US every few months. On an average a trip 4-6months. Do you think that I still need one ?

Also my wife already has traveled to Europe several times (prior to our marriage). Can she apply for a US Visitor Visa in her maiden name - since her passport is still in her maiden (pre-marriage name) ?

Thx....
 
sg_orl said:
I hope you have got a re-entry permit. You need to preserve your green card first. If you keep doing what you're doing, you will get into trouble at the POE, and they can assume that you have abandoned the green card. My advice for you is to talk to a good attorney.

Your wife will have almost ZERO chance of getting a visitor's visa as her immigration intent by marrying has been established.

If you meet the continuous residency and physical presence requirements, you will qualify to apply for citizenship in May 2007, i.e. after 4 year and 9 months after the green card. Depending on your location in the U.S. and a bit of luck, citizenship process timeline varies from 6 month to 2+ yrs. After that you can file for your wife's green card for immediate processing. You can also file for green card application now and upgrade it later when you become a citizen. Without your citizenship, it will take 3.5 to 4 yrs.
Click to expand...
Guys,
Firstly thanks for the responses.

In response to sg_orl.....nope did not get a re-entry permit. I didn't think that I needed one since I make a trip to the US every few months. On an average a trip 4-6months. Do you think that I still need one ?

Also my wife already has traveled to Europe several times (prior to our marriage). Can she apply for a US Visitor Visa in her maiden name - since her passport is still in her maiden (pre-marriage name) ?

Thx....
 
dumas9 said:
In response to sg_orl.....nope did not get a re-entry permit. I didn't think that I needed one since I make a trip to the US every few months. On an average a trip 4-6months. Do you think that I still need one ?
Click to expand...

It depends. If you are not living in USA, POE officer can assume that you have abandoned your LPR status already and hence can deny entry. Keep in mind, "visiting" (or making "trip" regularly) is not "living". You have to establish that you are living in USA (i.e. have primary residence in USA).


dumas9 said:
Also my wife already has traveled to Europe several times (prior to our marriage). Can she apply for a US Visitor Visa in her maiden name - since her passport is still in her maiden (pre-marriage name) ?
Click to expand...

Problem is that in visa application form she has to mention about her marriage (marital status and if her husband is in USA). Lying about marriage can land both of you in trouble in future (as she has to go to consulate again to get green card in future).
 
pralay said:
It depends. If you are not living in USA, POE officer can assume that you have abandoned your LPR status already and hence can deny entry. Keep in mind, "visiting" (or making "trip" regularly) is not "living". You have to establish that you are living in USA (i.e. have primary residence in USA).
Click to expand...

As a permanent resident, you have to live in the US PERMANENTLY. All the visits abroad HAVE TO be temporary in nature. If you ever say to the officer at POE that you work or live abraod, and are visiting US, they will take away your green card right away. Also, all the travel dates get tracked, so sooner or later, an officer at POE will see the travel pattern and you may have some tough explaining to do.

pralay said:
Problem is that in visa application form she has to mention about her marriage (marital status and if her husband is in USA). Lying about marriage can land both of you in trouble in future (as she has to go to consulate again to get green card in future).
Click to expand...

This would be considered fraud and can get you and your wife in a big trouble later in life, even if it slides right now. Besides getting a US visitors visa for a single woman is very rare.
 
need help ----

I am gathering info for my friend.He is US green card holder and candadian citizen.His wife is canadian permanent resident(her husband sponcer her).She is plaining to apply for her visit visa to US from canada.(comming for giving her Medical licencng exams).

Questions:
1-should she show her husband candain stauts .?

2-what are the chances she will get the visa(she got the invitation letter from US medical licensing office).

3-IF she show hushand stauts as US green card holder.
and officer will know that her husband is also candain citizen.is it going to back fire?

your input will really help me. thanks
 
plseae help------------

one more thing my friend has not filled for wife US soncership yet.
thanks for your input
 
dumas9,

You will not be eligible for citizenship unless you can demonstrate physical presence in the U.S. for 2.5 years in the 5 years preceding your application for naturalization. These 5 years must be in PR status.

You can file an I-130 for your wife. The family immigration process for PR spouses is 5+ years. She will not be eligible for visitor or student visa. If she is eligible for H-1 or L-1 by herself, she can get those.

Consider joining UniteFamilies.org <http://unitefamilies.org>, a group dedicated to end such situations. As a business owner, you should consider writing to your Congressperson and Senators.

Thank you.
 
You must log in or register to reply here.
Top