Married Two Years Ago Then Moved Overseas

[mrsbonky 0]

I was married in August 2006 to a Canadian in the US (I am a US citizen). We then moved overseas for the past two years. We thought our stay there was only temporary, so we filed an I-130 through DCF in Amsterdam. We decided we would stay longer after filing, and never went through with the DS-230 or anything else.

DH now has a job opportunity in the US. He has to go through an interview process. We are in the US now visiting my family, so he is going to have to leave and come through a POE to get a B-1 visa (Visitor on Business). I'm a bit worried that the previously filed I-130 will interfere somehow.

When I search on the immigration site and add my case, it says it does not exist. Does this mean all paperwork has lapsed? I'm just hoping filing the I-130 filed in the past won't hinder him coming in on a B-1 and then his employer getting his P-1 visa.

Anyone with any information would be greatly appreciated.

[Reba 2]

Call the consulate in Amsterdam, they may still have it on file and you may be able to complete it there.

Why would he get a work visa, if he can get a green card based on marriage? Work permits are temporary, and if they find out he's got a spouse in the US, he may not even be eligible for a P1 (whatever that is)

[warlord 73]

Call the consulate in Amsterdam, they may still have it on file and you may be able to complete it there.

Why would he get a work visa, if he can get a green card based on marriage? Work permits are temporary, and if they find out he's got a spouse in the US, he may not even be eligible for a P1 (whatever that is)

Thing is he would have to first be legally imported into the US by way of a spousal visa and then file for the Green Card based on marriage. I think that's where the problem is now, since they didn't reside in the US, he has no status now in the US and must start from scratch. It would be the same situation if a US citizen goes over to Canada, marries someome there. They both can't immediatly come back into the US. The USC spouse must file the visa for them to come over (K-3?). This is pretty much the same type of situation.

Yes to answer your question Mrsbonky, I'm sure your petition has lapsed since you left the US. So you'd just have to start all over again, though the issue now is, he might not be able to be in the US while you do this...

Edited August 1, 2008 by warlord

[trailmix 77]

I assume he is looking at a P1 because he has the job offer now and it probably won't wait for a year while they get the spousal visa?

I doubt the original I-130 petition will have any bearing here - it's probably long gone - however, when he applies for his work visa - the fact that he has an American spouse might be a factor.

Hard to say, will be interested to see if anyone has some personal experience with this.

This might be one of those rare occasions when a consultation with an immigration lawyer would be worthwhile.