Help I left USA for some reasons and I wanna come back

[Kez/JWolf 6]

Have you been living your lives as a married (to each other) couple? You will have to prove that the marriage is bonafide. You should read through the guides for the I-130.

Yes... I'm reading it... but you know sometime we get confuse with it.. I'm afraid go to imigrattion office in my country and they don't give me any visa to go back....and do not say anything about it in the form... thanks anyway....

If you have been apart form your wife for 5 years and you have not seen her since you left, it is very unlikely you would get a visa to immigrate to the USA as the spouse of a USC. How can you prove you have a bona fide marriage? Does your wife claim you as a spouse on her Tax Return? are your names on the utility bills? do you have joint bank accounts? are you the benificiary of her 401k or life insurance?

If you have had no contact with your wife in 5 years then sorry but you dont have a on going marriage and would not qualify for a IR-1 visa or a K-3.

[clarki 0]

Well... I want to thank you to everyone wrote back.....

last answer:

We already did the I 130 ( in 2003)

I already have my social security card.. ok

I had a open process in USCIS ( whit on MSC number) ok

I left and about 5 months later..they call us for an interview.. i wasn't there..... 2005

2005 i was searching online by USCIS... i found they denied my resident ajust status..... and it still in their system..ok

I'm abroad 4 yeasr.... Can I wait here for a visa or a green card...there is some form for this?

Thank u very much.....

[Anh map 2,098]

OP seems to be a bit unclear on the concept of marriage.

Have you been living your lives as a married (to each other) couple? You will have to prove that the marriage is bonafide. You should read through the guides for the I-130.

Yes... I'm reading it... but you know sometime we get confuse with it.. I'm afraid go to imigrattion office in my country and they don't give me any visa to go back....and do not say anything about it in the form... thanks anyway....

If you have been apart form your wife for 5 years and you have not seen her since you left, it is very unlikely you would get a visa to immigrate to the USA as the spouse of a USC. How can you prove you have a bona fide marriage? Does your wife claim you as a spouse on her Tax Return? are your names on the utility bills? do you have joint bank accounts? are you the benificiary of her 401k or life insurance?

If you have had no contact with your wife in 5 years then sorry but you dont have a on going marriage and would not qualify for a IR-1 visa or a K-3.

Edited February 26, 2009 by Anh map

[payxibka 10,045]

Well... I want to thank you to everyone wrote back.....

last answer:

We already did the I 130 ( in 2003)

I already have my social security card.. ok

I had a open process in USCIS ( whit on MSC number) ok

I left and about 5 months later..they call us for an interview.. i wasn't there..... 2005

2005 i was searching online by USCIS... i found they denied my resident ajust status..... and it still in their system..ok

I'm abroad 4 yeasr.... Can I wait here for a visa or a green card...there is some form for this?

Thank u very much.....

You can wait in Brazil for a greencard but you will be waiting forever as there is no possible way to get a greencard since you are outside the USA. A visa is the way... A visa that must begin with a petition from your USC wife.

FWIW, it is good to know that you are still "friends" with your WIFE.

Edited February 26, 2009 by payxibka

[lucyrich 20]

Well... I want to thank you to everyone wrote back.....

last answer:

We already did the I 130 ( in 2003)

So it has almost certainly expired.

I already have my social security card.. ok

That may be slightly helpful to find employment after you get here, but it won't help you enter the US.

I had a open process in USCIS ( whit on MSC number) ok

I left and about 5 months later..they call us for an interview.. i wasn't there..... 2005

2005 i was searching online by USCIS... i found they denied my resident ajust status..... and it still in their system..ok

I'm abroad 4 yeasr.... Can I wait here for a visa or a green card...there is some form for this?

So you abandoned one attempt at adjustment of status. That process is finished and will not help you. As you've already been told, if you want to start the process over again, your spouse may file a new I-130 and the two of you can start the visa process a second time, like any other couple just starting the process. Read the guides for the IR-1/CR-1 process.

They will almost certainly ask why you abandoned the first attempt.

More importantly, they will ask whether you and your spouse have been living together during your marriage. If you have not been living together, that would be one factor tending to indicate the marriage is not bona fide. Of course it's not absolute proof that the marriage was for papers, but any time you apply for an immigration benefit, you have the burden of proving your eligibility. You'll have to come up with a lot of evidence that your marriage is bona fide in order to overcome the evidence that you abandoned your first opportunity to live together in the same country, and then you lived in separate countries for a long time.

[clarki 0]

well... now is everything explained... I got all the informations....

now I see that I will have to go usa and start all over again....and I'm going to do it....

I'm just afraid by one thing... when I try to get a tourist visa or any kind visa I may wont be able to it... they have all my fingerprints.. my photos and all stufs....I dont know how to go back... which kind visa I will need? B2? well..thanks everybody.....

[payxibka 10,045]

well... now is everything explained... I got all the informations....

now I see that I will have to go usa and start all over again....and I'm going to do it....

I'm just afraid by one thing... when I try to get a tourist visa or any kind visa I may wont be able to it... they have all my fingerprints.. my photos and all stufs....I dont know how to go back... which kind visa I will need? B2? well..thanks everybody.....

using a tourist visa (B2) in an attempt to immigrate will only compound your problems

[clarki 0]

well... now is everything explained... I got all the informations....

now I see that I will have to go usa and start all over again....and I'm going to do it....

I'm just afraid by one thing... when I try to get a tourist visa or any kind visa I may wont be able to it... they have all my fingerprints.. my photos and all stufs....I dont know how to go back... which kind visa I will need? B2? well..thanks everybody.....

using a tourist visa (B2) in an attempt to immigrate will only compound your problems

so what to do?

[payxibka 10,045]

so what to do?

Talk to your WIFE

[clarki 0]

it's not about talk whit her.... we are concern about my fly back to usa? since i dont have any kind visa.. my tourist visa expired.. and I have to go usa embassy to get a visa....but what type visa?

[♥Stiggy♥ 0]

Highly doubt they will issue one

[Chica Yeyé 41]

it's not about talk whit her.... we are concern about my fly back to usa? since i dont have any kind visa.. my tourist visa expired.. and I have to go usa embassy to get a visa....but what type visa?

Without a visa you cannot enter the United States. It is pretty damn clear.

If you get a tourist visa with the intent to immigrate, you are committing visa fraud

Like pax said: talk to your wife.

[Minya's wife 24]

it's not about talk whit her.... we are concern about my fly back to usa? since i dont have any kind visa.. my tourist visa expired.. and I have to go usa embassy to get a visa....but what type visa?

Your US citizen has to apply (in the US) for a new I-130, get that approved, then you can go to the US consulate in your home country to apply for a visa to come back. Otherwise, there is no type visa that you are eligible for.

-P

Edited February 26, 2009 by Minya's wife

[lucyrich 20]

well... now is everything explained... I got all the informations....

now I see that I will have to go usa and start all over again....and I'm going to do it....

I'm just afraid by one thing... when I try to get a tourist visa or any kind visa I may wont be able to it... they have all my fingerprints.. my photos and all stufs....I dont know how to go back... which kind visa I will need? B2? well..thanks everybody.....

Are you serious? Nobody here suggested you should come to the US and start over again. They said you should start over again so that after you get your marriage-based visa you can come to the US.

Who said you should get a B2? You have expressed an intent to immigrate to the US, which makes you ineligible for a B2.

As the spouse of a US Citizen, you may be eligible for a K-3 or IR-1 visa, but only if you can prove the bona fide nature of your marriage in spite of your past conduct. That's going to be your difficulty, and you can't enter the US until after you overcome it.

Since you and your wife are so desparate to be together that neither of you can't stand living apart, it may be easier to live together in Brazil (or some other country) for a few years. After you've got several years of married bliss behind you, you can start the DCF process. Proving the bona fides and getting the IR-1 visa should be less of a problem with a long-established history of living together, though it still may not be easy. If she's in love with you, then I suspect she'll be delighted with this idea. If she's not, then it sounds like the marriage isn't bona fide, and this thread should probably end.

[pushbrk 12,569]

Have you been living your lives as a married (to each other) couple? You will have to prove that the marriage is bonafide. You should read through the guides for the I-130.

Yes... I'm reading it... but you know sometime we get confuse with it.. I'm afraid go to imigrattion office in my country and they don't give me any visa to go back....and do not say anything about it in the form... thanks anyway....

Clarki,

If you are still in a bona fide ongoing marital relationship, your spouse can file an I-130 petition and get it approved. That will allow you to apply for an IR1 visa to immigrate to the USA. A key requirement for getting your visa application approved and visa granted is that you show evidence you remain not just married in name, or legally, but that you are living a bona fide relationship. For instance, if you haven't seen your wife for five years and characterize your relationship as "still good friends" and "She'll make it easy for me." That's not going to work.

Whether such a visa is issued is not a mere techicality with regard to the marriage. It has to be shown to be a genuine currently ongoing marital relationship. So, when is the last time you saw your wife?

Edited February 26, 2009 by pushbrk