Permanent Resident Marrying Expired Visa
Hello,
First I'd just like to say I'm all excited about finding this site, and I would like to apologize in advance if I'm asking an oft-repeated question. Without further ado, here's my crazy situation;
I came to the US about 5 years ago with my girl with whom I had a son of 2 years before arriving. We all came in with visitor visas (I dont remember the numbers/codes). My mom who was already living here, was a permanent resident at the time, later became a citizen (I found out a little too late that had my mom been a citizen at the time, the situation would have been much different). She had already put in an application for me to become a resident. I was unmarried.
I applied for 'adjustment of status' and quickly got a work permit and ssn. My green card, however, took 4 years to come through. All because they wanted to make sure that I wasn't already married at the time. I was patient enough. But when I got my green card, I thought to myself, atlast, now we can get married officialy and we can start processing her application right away. Only for my lawyer to tell me, that's not gonna happen until I become a citizen no earlier than 2010!!!:eek:
She stayed here and over-stayed her visa by 4 years. I'm told if we go back now, she won't be able to return for another 10 years at least. I'm told I can't apply for her while having a green card. That surprises me, since I looked at the I-130 form and it says that as a legal permanent resident, I can apply/petition for my wife. Does it matter if she's outside the country or here already? And if it does matter, then how will it be different once I'm a citizen? If I become citizen does it guarantee her being approved, even after staying here 10 years?
If I'm asking the wrong questions, or if you have different solutions/advice, I would appreciate it.
Thank you for the site!:)
Re: Permanent Resident Marrying Expired Visa
The easiest way I know of is for you to become a citizen, then move to adjust her status. As you know, that's far from a perfect solution. If she leaves the country she can expect to be subject to the ten-year bar.
Re: Permanent Resident Marrying Expired Visa
Who told you that you could not Petition your wife as a Permanant resident, a lawyer or USCIS? If your lawyer, I would suggest you get a second opinion Below is a link to the process and it does indicate that..
"If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
Husband or wife; or
Unmarried son or daughter of any age. "
http://www.uscis.gov/graphics/servic...ncy/family.htm
One thing I would think "might" be an issue is that the "permanant residency" or green card is considered "temporary" for two years, so you may have to wait until it really becomes permanant. Or, the passage states that you can petition relative "to immigrate". There may be a specific problem if the spouse is already here..
There may also be some other circumstances that you may think are not relevant enough to mention here, that could be an issue. For instance, you indicated that you both entered legally, on VISA's, but do not have the documentation. That could be problematic in proving that you entered and may cause the petition through permanant residency more difficult.
I would suggest you study the USCIS web site, specifically the link I gave, and show the passage to the Lawyer and ask what, very specifically, is preventing you from petitioning as a permanant resident. If you still think he is not quite right, make an appointment through INFO PASS (same link, home page) and talk to the USCIS directly.
Finally, to answer you last question, There is no guarantee...no matter which petition process (Citizen, perm Resident, ) you still have to follow all the same processes and procedures.
Re: Permanent Resident Marrying Expired Visa
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Quoting
Mr. Knowitall
The easiest way I know of is for you to become a citizen, then move to adjust her status. As you know, that's far from a perfect solution. If she leaves the country she can expect to be subject to the ten-year bar.
Does the 10 year ban apply even after I become a citizen and process her application from our home country? The reason I'm asking this, is if we decide to move back, while I'm still a green card holder, is there a chance (a) to become a citizen abroad and then (b) apply for her to get a green card. I don't know, I'm just shooting in the dark here.
I realize the best way is to just sit tight here until I get citizenship, but I'm just trying to see what other options I might have, if any.
Re: Permanent Resident Marrying Expired Visa
mmadsen55,
Thanks for your reply.:)
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Who told you that you could not Petition your wife as a Permanant resident, a lawyer or USCIS? If your lawyer, I would suggest you get a second opinion Below is a link to the process and it does indicate that..
Yes, it was a second opinion from the second lawyer. They both suggested the same thing.:( And I agree, I also checked the link earlier, which is part of my frustration, the USCIS says one thing, while the lawyers say something else. I'm thinking the reason my case is messed up, is because the application talks about the spouse immigrating to the US, while my spouse is already here on an expired visit visa. They could throw the whole case out just because of that, maybe even affect my getting the citizenship, IMO... but I could be wrong, and that's why I'm here.
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One thing I would think "might" be an issue is that the "permanant residency" or green card is considered "temporary" for two years, so you may have to wait until it really becomes permanant.
I wish that were the case, I've just finished one year, and another year is not too much of a problem. It's the next 4 years I have a problem with.
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Or, the passage states that you can petition relative "to immigrate". There may be a specific problem if the spouse is already here..
I think so too.
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There may also be some other circumstances that you may think are not relevant enough to mention here, that could be an issue. For instance, you indicated that you both entered legally, on VISA's, but do not have the documentation. That could be problematic in proving that you entered and may cause the petition through permanant residency more difficult.
Oh no, we do have our passports that show that we had valid visitors' visas upon entry. I just dont have them with me as I'm typing this from work, but we do have them.
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I would suggest you study the USCIS web site, specifically the link I gave, and show the passage to the Lawyer and ask what, very specifically, is preventing you from petitioning as a permanant resident.
That's what I was thinking also, I might give him a visit this weekend... even though it's gonna cost me!;)
Thanks again for the replies.:)
Re: Permanent Resident Marrying Expired Visa
I have another question (or two) :D
1. If I leave the country now, as a green card holder... what is the procedure to keep the green card. I used to hear that one needed to travel into the US and enter (even for one day) atleast once a year. Is that law still in effect?... or are there more stricter rules now? Does it apply to children under 10 as well?
2. Can a green card holder become a citizen while residing in another country indefinitely? Or does the person have to live and work in the U.S. only?
Thanks.
PS - again, my apologies if these questions have been asked too many a time.