A complicated situation! Wife of 12 years and 3 children

[Mark88 183]

The POE will probaly not give her any problems, since she already proved to the Embassy she will return.

[Mark88 183]

Yes. A visa is only permission to apply to enter, the final say always rests with CBP who can refuse entry if they wish.

When on a valid visa, CBP can make a decision, but you have the right to appeal to an immigraton Judge in this case. Only when travelling on the VWP the CBP makes the final decision.

[DonWG 4]

When on a valid visa, CBP can make a decision, but you have the right to appeal to an immigraton Judge in this case. Only when travelling on the VWP the CBP makes the final decision.

Good to know. Because I was wondering if it would be a problem at POE if she came with our children while during the interview she stated that children would remain behind in Uganda? If it would be a problem then I could always travel after she arrived in US and bring them since all are USC.

Of course this might be a moot point since it seems the likelihood of being granted a visitors visa is quite low.

But tons of great advice from all- thanks!

[DonWG 4]

When on a valid visa, CBP can make a decision, but you have the right to appeal to an immigraton Judge in this case. Only when travelling on the VWP the CBP makes the final decision.

So how does that work? If denied at POE and you want to appeal, where does the immigrant go? Back to their home country or can they remain in the US throughout the appeal process?

[CaizLurol 36]

Can you do a direct consular filing (DCF)? Not sure if they have one where you live...?

If they do, your process will be much faster than filing from the US like most of us are doing here.

Edited September 30, 2013 by CaizLurol

[David & Diana R 1,005]

I am a USC and have been married to my wife (Ugandan citizen) for 12 years. We have 3 children who are all USC.

She previously had permanent residency back in 2002-2006 but we have been residing in Uganda since then and basically forfeited that.

NOW...I returned to the USA 2 years ago and I would like my family to join me here but the IR-1 process of 8-12 months seems like an eternity! As an alternative I was considering that my wife tries to get a visitor visa so that my family joins me quickly and while here I can start the IR-1 process. If she is granted the visitor visa, she would not overstay but rather she would return to Kenya when necessary.

To prove ties to Kenya, she is the manager of a company we run there (employment) and she also has a small business of her own. She owns a car and rents a house. She has an active bank account but not much money in it.

So I have a few questions:

1. To what extent might the idea of coming with the children lessen her ties to Uganda? As an academic arguement, would she have a better chance at the interview and POE if our children remained in Uganda?

2. My father is suffering from Alzheimers and one of the reasons for their visit would be to spend some time with him before his condition degrades. Would a letter from a doctor (I'm not sure if this is even possible) explaining his condition have any positive effect at the interview?

3. If I do start the petition for IR-1 while she's in the US, is there any kind of risk in doing so?

I really appreciate any advice. Being away from my family for so long has been torture and I really need to be with them ASAP. But I also don't want to make a mistake.

Thanks in advance!

Don

Don,

I sympathesize with you but I think (IMHO) that the likelyhood of her getting a visitor visa is very, very slim. I will give you lots of credit as you do not appear to be trying to "beat the system". Unfortunately, I think you are going to have to file in the old fashioned way, IR-1. Best of luck God Speed, and GOD BLESS you both.

Aloha Ke Akua

[DonWG 4]

Can you do a direct consular filing (DCF)? Not sure if they have one where you live...?

I don't think I can. I'm residing in the US and I think a DCF requires you to be a resident (at least 6 months?) in the foreign country. And if I did that I would not have the income requirements.

[David & Diana R 1,005]

The POE will probaly not give her any problems, since she already proved to the Embassy she will return.

Unfortunately, all immigration officers at the POE make the (their own) final decision....this could be trouble. She could get turned away and have to take the next flight back to her homeland.

Aloha Ke Akua

I don't think I can. I'm residing in the US and I think a DCF requires you to be a resident (at least 6 months?) in the foreign country. And if I did that I would not have the income requirements.

Yes Don, you are right. DCF filing is not an option in your case.

Aloha Ke Akua

Edited September 30, 2013 by David & Zoila

[DonWG 4]

Don,

I sympathesize with you but I think (IMHO) that the likelyhood of her getting a visitor visa is very, very slim. I will give you lots of credit as you do not appear to be trying to "beat the system". Unfortunately, I think you are going to have to file in the old fashioned way, IR-1. Best of luck God Speed, and GOD BLESS you both.

Aloha Ke Akua

Thanks for that. I also think the chances are slim. Still debating internally whether it is worth it. I suppose if she can get an interview in a month or less I'll try it. Anything longer than that may just delay the inevitable for too long.

[David & Diana R 1,005]

Thanks for that. I also think the chances are slim. Still debating internally whether it is worth it. I suppose if she can get an interview in a month or less I'll try it. Anything longer than that may just delay the inevitable for too long.

Don,

If I were you I would file for a IR-1 ASAP. I'm afraid its gonna take 8 months or more but the longer you wait the longer it will be. This is my opinion of course. I wish both of you the best and will be praying for you. Good luck my friend.

God Bless,

Aloha Ke Akua

[CaizLurol 36]

I don't think I can. I'm residing in the US and I think a DCF requires you to be a resident (at least 6 months?) in the foreign country. And if I did that I would not have the income requirements.

Oh, I see. I must have misunderstood the part about you being in the US.

Is there anyone you can talk to about the expired green card, such as an attorney? (Many give free advice over the phone.) I don't know if there's a way to work with the expired GC but it would be worth calling an attorney and discussing your options. We cannot give you any more info that may violate the TOS of VJ but a lawyer is free to discuss loopholes if there are any in your case.

Also, if you do file for an IR-1 and have to start over again, the sooner the better. Maybe you can travel there or perhaps work from there while this is going on?

[DonWG 4]

Don,

If I were you I would file for a IR-1 ASAP. I'm afraid its gonna take 8 months or more but the longer you wait the longer it will be. This is my opinion of course. I wish both of you the best and will be praying for you. Good luck my friend.

God Bless,

Aloha Ke Akua

Thanks. It does look as if too many things need to fall into place for the visitor visa path to work. In hindsight, I obviously should have started the IR-1 process a year ago but when I recalled how long it took 10+ years ago, I thought it would only take 3 or so months! But times do change...

[David & Diana R 1,005]

Thanks. It does look as if too many things need to fall into place for the visitor visa path to work. In hindsight, I obviously should have started the IR-1 process a year ago but when I recalled how long it took 10+ years ago, I thought it would only take 3 or so months! But times do change...

Don,

It's okay. Don't beat yourself up about this. Now you have some knowledge in hand. Take it and run with it. I can say our visa took 8 months, almost to the day from the date of filing until my wife and I laned in the good ol' USA from the Philippines. And while it was very difficult it was all worth it. If it had not been for VJ I am sure my wife would not have been here so quickly. Follow all the shortcuts and prepare your documents before they are requested. You are headed in the right direction.

Aloha Ke Akua

[DonWG 4]

Don,

It's okay. Don't beat yourself up about this. Now you have some knowledge in hand. Take it and run with it. I can say our visa took 8 months, almost to the day from the date of filing until my wife and I laned in the good ol' USA from the Philippines. And while it was very difficult it was all worth it. If it had not been for VJ I am sure my wife would not have been here so quickly. Follow all the shortcuts and prepare your documents before they are requested. You are headed in the right direction.

Aloha Ke Akua

That's it. Yes, VJ is a great resource. Thanks for the encoragement!

[Hypnos 6,576]

Is there anyone you can talk to about the expired green card, such as an attorney? (Many give free advice over the phone.) I don't know if there's a way to work with the expired GC but it would be worth calling an attorney and discussing your options.

The old green card is dead; she has been outside of the US for seven years so has long since abandoned her residency.