CONFUSED...CONFUSION....HELP PLEASE!!

[benuk 18]

Hello there, this is my first post here and I do need help to be ready when my time comes to start with my process.Very briefly I want to explain that my son is a USC and in a few months he is applying for me the I-130 and I'm very much okay with the process and everything but the case here is that my fiancé and I were looking to move to America and get this process done there ( we both have B1/B2 )knowing that the process is much quicker.

Now we are not sure what will be the case for her...should we get marry before my son apply for me? after? \ We are together now for almost 5 years and getting married always been in our plans but what will be the best option for us? We are very confused and any help is very appreciated.

Thanks in advance.

[Jojo92122 1,924]

Unfortunately, you and your fiancee cannot immigrate to the US together.

A USC can only petition for a parent if the USC is over 21. Your USC son can petition for you. He cannot petition for your fiancee. Derivative beneficiaries are not allowed when a USC petitions for a parent. Only you will qualify to apply for an immigration visa or adjust your status to a legal permanent resident.

In addition, a USC can only petition for a stepparent if the marriage that created the relationship was established before the petitioner's 18th birthday. Your son cannot petition for spouse if you get marry after his 18th birthday.

The only way for you and your fiancee to immigrate to the US is for you to immigrate to the US alone first. It doesn't matter if you get marry before or after you immigrate to the US. Once you immigrate to the US, you as an legal permanent resident (LPR) can petition for your spouse. This will take around 3 years.

Also, an LPR cannot petition for a fiancee. Only US citizens are allowed to petition for a fiancee. An LPR can only petition for a spouse and unmarried children.

ALSO - IT IS ILLEGAL TO ENTER THE US ON A B1/B2 VISA WITH THE INTENT TO IMMIGRATE. Must quicker = lots of trouble. DON'T DO IT. DO IT CORRECTLY. BE PATIENCE. SHORTCUTS WILL GET YOU IN LOTS OF TROUBLE WITH THE POSSIBILITY THAT YOU COULD BE DEPORTED AND BAN FROM THE US FOR LIFE.

Edited June 20, 2011 by Jojo92122

[benuk 18]

Hello Jojo, thanks for your reply so in this situation she won't be able to join me in the US for ate least 3 years or once I apply for her she could go and adjust her status and wait for the process there? How could I live seperate from her for at least 3 years? You say that I shouldn't go in a B1/B2 but I have seen in many others sites people saying that is ok to do it and now I'm really concerned because I'm very much against messing with the wrong doing.

Regards

benuk

[Brother Hesekiel 2,236]

Benuk,

your son is a grown man, that means you are a grown man as well.

What that means is that you will have to make a decision: to live with your son in the United States or to live with your fiance in Spain. It's one of the other, and only you can decide what is more important to you: son or fiance?

[yankeelimer 1]

Hello Jojo, thanks for your reply so in this situation she won't be able to join me in the US for ate least 3 years or once I apply for her she could go and adjust her status and wait for the process there? How could I live seperate from her for at least 3 years? You say that I shouldn't go in a B1/B2 but I have seen in many others sites people saying that is ok to do it and now I'm really concerned because I'm very much against messing with the wrong doing.

Regards

benuk

There is no possible way for you AND your fiancee to immigrate to the USA together, its not possible period. You will have to immigrate first and then you will petition for her to join you, the first reply pretty much covered it.

[benuk 18]

Just Bob,

your son is a grown man, that means you are a grown man as well.

What that means is that you will have to make a decision: to live with your son in the United States or to live with your fiancé in Spain. It's one of the other, and only you can decide what is more important to you: son or fiancé?

Thanks for the input and yes grown man need to take grown decisions.

Yankeelimer,does she have to wait in her home country for her visa or can she join me once I get my GC and apply for her?

Lots of thanks.

[Penguin_ie 5,996]

She has to wait in her home country, and you need to be married legally. But she can visit on the Visa Waiver Program.

[yankeelimer 1]

Just Bob,

your son is a grown man, that means you are a grown man as well.

What that means is that you will have to make a decision: to live with your son in the United States or to live with your fiancé in Spain. It's one of the other, and only you can decide what is more important to you: son or fiancé?

Thanks for the input and yes grown man need to take grown decisions.

Yankeelimer,does she have to wait in her home country for her visa or can she join me once I get my GC and apply for her?

Lots of thanks.

She can join you once you get your green card and apply for a spouse visa Form I-130, this has to be approved and the process can take some time. I am seeing on some sites some kind of cut off period for applying inside the US form I-130 for permanent resident sponsors? Hopefully someone who knows more about it can respond.

Oh and READ READ READ, read as much info as you can. Its complex but once you are familiar with it and wrap your mind around it will start making sense.

[kzielu 1,149]

She can join you once you get your green card and apply for a spouse visa Form I-130, this has to be approved and the process can take some time.

I am thinking that saying that once she is granted the visa rather than I-130 is approved would be more accurate. As mentioned above visa for LPR spouse takes couple of years at this time.

Edited June 21, 2011 by kzielinski

[benuk 18]

I am thinking that saying that once she is granted the visa rather than I-130 is approved would be more accurate. As mentioned above visa for LPR spouse takes couple of years at this time.

Dzieki Kzielinski,amazing enough my future wife is from Poland...Do you have any idea of the process time in Poland? I do honestly understaand the time issue that is always hard to deal but we will figure something out thinking that she does have a B1/B2 because Poland is not on waiver program and I know that you are aware of that....We will work something in the end.All this cut off and visa bulletin part I'm still working on it but honestly I do appreciate your post.

[benuk 18]

She has to wait in her home country, and you need to be married legally. But she can visit on the Visa Waiver Program.

Thanks Penguin_ie for your time and post, Yes we are looking to get married by August this year so we are cover on that and about visiting she is from Poland and because Poland do not participate on the Visa Waiver Program she already got a B1/B2 a few years ago so we will figure the length of the visits when the time comes! Again thanks for you input.

[benuk 18]

She can join you once you get your green card and apply for a spouse visa Form I-130, this has to be approved and the process can take some time. I am seeing on some sites some kind of cut off period for applying inside the US form I-130 for permanent resident sponsors? Hopefully someone who knows more about it can respond.

Oh and READ READ READ, read as much info as you can. Its complex but once you are familiar with it and wrap your mind around it will start making sense.

Reading reading reading is all what I've been doing in the last year Yankeelimer and not only here but in differents sites but still I'm working to get this cut off part of it so I keep reading to get there...My fiance is a bit shocked with the news but I will work something!

http://www.imminfo.com/Library/green_cards/CP/getting_married_during_consular_processing.html

I think I got the wrong message on this link a while ago!!

Regards

[kzielu 1,149]

Dzieki Kzielinski,amazing enough my future wife is from Poland...Do you have any idea of the process time in Poland? I do honestly understaand the time issue that is always hard to deal but we will figure something out thinking that she does have a B1/B2 because Poland is not on waiver program and I know that you are aware of that....We will work something in the end.All this cut off and visa bulletin part I'm still working on it but honestly I do appreciate your post.

benuk - no prob - not sure what the processing time in Warsaw is but I am pretty sure it is very short compared to waiting for a visa to become available for an LPR spouse, given you can get non-immigrant visa interview within 2 days in Warsaw.

Your problem is that you will not be a US Citizen for a while, but an LPR. There is a forum for bringing family of residents to US so you can look the timelines up there.

Only thing you can do (beside living with you wife outside US) is bringing her on a B1/B2 and have her stay there till you get a visa for her - but that will illegal, she will be out of status (assuming she is granted entry first) once her date on I-94 expires and then accumulating overstay and potential US entry ban, not being able to work or really leave US - does not seem like an option.

Sorry there is no good news for you and your wife...

Edited June 21, 2011 by kzielinski

[Casprd 167]

Hello Jojo, thanks for your reply so in this situation she won't be able to join me in the US for ate least 3 years or once I apply for her she could go and adjust her status and wait for the process there? How could I live seperate from her for at least 3 years? You say that I shouldn't go in a B1/B2 but I have seen in many others sites people saying that is ok to do it and now I'm really concerned because I'm very much against messing with the wrong doing.

Regards

benuk

Yes there are many people who will tell you to just use the B1/B2 and adjust status but this is illegal and just plain wrong to do. Everytime someone does this it makes it more difficult for those of us who want our family to visit us on a B1/B2. I know most people don't think about the impact it has on others, and we all understand how difficult it is to be away from your loved ones, but everyone on VJ has gone through this. Unfortunately the immigration process is not easy even at the best of times.

[kzielu 1,149]

You say that I shouldn't go in a B1/B2 but I have seen in many others sites people saying that is ok to do it and now I'm really concerned because I'm very much against messing with the wrong doing.

Well, what you may have seen was poeple getting married with US Citizen from a B1/B2 - in this case they are able to adjust the status immediately (and there is still not quite legal part of it if they entered US with a immigration intent). Whole different issue with LPR which you are going to be once you get a green card. She will be illegal for all the years you will be waiting for a visa available for her.