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

[benuk 18]

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.

Not really, I even consulted in another site and the person there gave me the green light saying that was okay but we are not really considering the short cut in the process....What I was looking in the beginning was if was quicker to get my GC via NVC or in the US and the person in that site said that would be much quicker to apply in the US my son is USC and he will be the one applying for me in this case....NVC will take longer to get to GC and I don't really mind the wait and I'm not looking to get in any trouble after waiting all this years to get here...Now my wife already have the B1/B2 and actually we just came back from the US from holidays and is her third time there and we never had any problem to enter.Well I will do the right thing and go via NVC processing and get my visa here and than immigrate!!

[benuk 18]

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.

Thanks a lot for your input and I have no intention to brake the system at all just looking the better options and you guys have already being thru the storm so know better than I what to do! your process took around one year via NVC processing?any tips?

Regards

[kzielu 1,149]

Not really, I even consulted in another site and the person there gave me the green light saying that was okay but we are not really considering the short cut in the process....What I was looking in the beginning was if was quicker to get my GC via NVC or in the US and the person in that site said that would be much quicker to apply in the US my son is USC and he will be the one applying for me in this case....NVC will take longer to get to GC and I don't really mind the wait and I'm not looking to get in any trouble after waiting all this years to get here...Now my wife already have the B1/B2 and actually we just came back from the US from holidays and is her third time there and we never had any problem to enter.Well I will do the right thing and go via NVC processing and get my visa here and than immigrate!!

I think you still don't understand - you can emigrate easily. Your wife - can't. Whatever way you get your green card, after you do that earliest time your wife will be able to get it will be ~4 years.

If she goes with you on B-1/B-2, she will be out of status and accumulating illegal presence after the date in her I-94. Think what are you going to tell the CBP officer when entering, cause telling the truth will cause her being immediately sent back wherever she arrived from. And again - her living in US illegaly and waiting until she can get a visa based on marriage to you (again - ~4 years), she will not be able to work, get a driving license or leave the coutry (once she leaves, she'll get the ban preventing her to enter US again for some time which can be up to 10 years).

Again - there is an enormous difference whether US citizen petitions spouse or LPR (Green Card holder which you will be) does that.

[benuk 18]

I think you still don't understand - you can emigrate easily. Your wife - can't. Whatever way you get your green card, after you do that earliest time your wife will be able to get it will be ~4 years.

If she goes with you on B-1/B-2, she will be out of status and accumulating illegal presence after the date in her I-94. Think what are you going to tell the CBP officer when entering, cause telling the truth will cause her being immediately sent back wherever she arrived from. And again - her living in US illegaly and waiting until she can get a visa based on marriage to you (again - ~4 years), she will not be able to work, get a driving license or leave the coutry (once she leaves, she'll get the ban preventing her to enter US again for some time which can be up to 10 years).

Again - there is an enormous difference whether US citizen petitions spouse or LPR (Green Card holder which you will be) does that.

I got your message and I understand the complications of being out of status in the US and this is not a option for her!!Just saying that with the B1/B2 she can visit with a long staying max of 6 months...we are not looking to break her I-94 presence(overstaying) or either look for a job for her even thinking about driving because she doesn't drive anyways...lol... It's just that she can visit more often...WE DO NOT INTENT TO BREAK THE LAW AT ANY POINT PERIOD....I've been traveling in and out of the US for almost 24 years and I know that things can get ugly pretty easy out there...Again I don't want to think that would take 4 years because even before that my youngest son will turn 21 and worst come to worst by that time he could file a petition in her behalf because we will be married before he turns 18th...so we are hopeful and always optimistic!!I've decided that I will get my process via NVC processing.

Thanks for your reply.

Edited June 21, 2011 by benuk

[Jojo92122 1,924]

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 absolutely no way for you and your fiancee (or wife) to immigrate together to the US.

There is no way for you to apply for her and have her wait to adjust her status in the US. It takes 3-4 years for an LPR to petition for a spouse. An LPR can never petition for a fiancee. Your wife cannot adjust her status in the US until her PD becomes current about 3-4 years after you file for her. If she comes to the US and stay, she will be here illegally. She will never be able to adjust her status until you become a US citizen. She cannot adjust her status if you are an LPR. In addition, she will not be able to work legally while she is illegally in the US. Also, she could be deported and ban from the US. THIS IS NOT THE WAY TO DO IT LEGALLY.

You ask how can you live separately from her for 3 years. It's all about choices. You could either remain in Spain and get marry and live with her, or you can immigrate to the US without her. Your son is a grown man so he doesn't depend on you for care. You and your fiancee have B1/B2 visas, so you can visit him at anytime. He can travel to Spain or Poland to visit you both. You make the choice you want.

What you read on other sites may not apply to you. There are two things that really matter in family based immigrations; 1) what is the status of the petitioner (US citizen or Legal Permanent Resident) and 2) what is the relationship between the petitioner and the beneficiary.

A US citizen who petitions for a spouse can do so in about a year. An LPR who petitions for a spouse must wait 3-4 years.

[JimVaPhuong 4,863]

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

This article doesn't apply to you. It's for family preference visas, which allow a derivative (spouse) of the primary beneficiary to receive a visa. ALL family preference visas are subject to annual limits, which means waiting for a priority date to become current. Your son would not be petitioning for a family preference visa. He would be petitioning for an IR visa - immediate relative of a US citizen - no annual limits, no waiting for a priority date, and no derivative visa eligibility. This means your wife (after you're married) would not be able to get a visa when you get one.

Not really, I even consulted in another site and the person there gave me the green light saying that was okay but we are not really considering the short cut in the process....What I was looking in the beginning was if was quicker to get my GC via NVC or in the US and the person in that site said that would be much quicker to apply in the US my son is USC and he will be the one applying for me in this case....NVC will take longer to get to GC and I don't really mind the wait and I'm not looking to get in any trouble after waiting all this years to get here...Now my wife already have the B1/B2 and actually we just came back from the US from holidays and is her third time there and we never had any problem to enter.Well I will do the right thing and go via NVC processing and get my visa here and than immigrate!!

Yes, you'd be eligible to adjust status. Your wife would not. Your problem would be that you entered with a visa that specifically prohibits immigrant intent. When you arrive with your B2 visa, if the CBP officer suspects you intend to immigrate then they may deny you entry. I've already explained the potential consequences of preconceived intent five times today, and I'm not inclined to explain them again. Suffice it to say that there's a chance, albeit somewhat remote, that the adjustment of status from a B2 visa entry could result in you being kicked out of the US for the rest of your life.

I got your message and I understand the complications of being out of status in the US and this is not a option for her!!Just saying that with the B1/B2 she can visit with a long staying max of 6 months...we are not looking to break her I-94 presence(overstaying) or either look for a job for her even thinking about driving because she doesn't drive anyways...lol... It's just that she can visit more often...WE DO NOT INTENT TO BREAK THE LAW AT ANY POINT PERIOD....I've been traveling in and out of the US for almost 24 years and I know that things can get ugly pretty easy out there...Again I don't want to think that would take 4 years because even before that my youngest son will turn 21 and worst come to worst by that time he could file a petition in her behalf because we will be married before he turns 18th...so we are hopeful and always optimistic!!I've decided that I will get my process via NVC processing.

Thanks for your reply.

If your youngest son is a US citizen then you might want to consider marrying now, while he's under 18, and then postponing your immigration until he's 21 and he can petition for both of you.

[NigeriaorBust 4,087]

Another thing about adjusting from your B2 is that you will have shown a desire to bend the rules and they may choose to cancel your wife's visas because of it. If you wife stays out of status in your house you could lose LPR status for harboring her.

[benuk 18]

There is absolutely no way for you and your fiancé (or wife) to immigrate together to the US.

There is no way for you to apply for her and have her wait to adjust her status in the US. It takes 3-4 years for an LPR to petition for a spouse. An LPR can never petition for a fiancee. Your wife cannot adjust her status in the US until her PD becomes current about 3-4 years after you file for her. If she comes to the US and stay, she will be here illegally. She will never be able to adjust her status until you become a US citizen. She cannot adjust her status if you are an LPR. In addition, she will not be able to work legally while she is illegally in the US. Also, she could be deported and ban from the US. THIS IS NOT THE WAY TO DO IT LEGALLY.

You ask how can you live separately from her for 3 years. It's all about choices. You could either remain in Spain and get marry and live with her, or you can immigrate to the US without her. Your son is a grown man so he doesn't depend on you for care. You and your fiancee have B1/B2 visas, so you can visit him at anytime. He can travel to Spain or Poland to visit you both. You make the choice you want.

What you read on other sites may not apply to you. There are two things that really matter in family based immigrations; 1) what is the status of the petitioner (US citizen or Legal Permanent Resident) and 2) what is the relationship between the petitioner and the beneficiary.

A US citizen who petitions for a spouse can do so in about a year. An LPR who petitions for a spouse must wait 3-4 years.

This article doesn't apply to you. It's for family preference visas, which allow a derivative (spouse) of the primary beneficiary to receive a visa. ALL family preference visas are subject to annual limits, which means waiting for a priority date to become current. Your son would not be petitioning for a family preference visa. He would be petitioning for an IR visa - immediate relative of a US citizen - no annual limits, no waiting for a priority date, and no derivative visa eligibility. This means your wife (after you're married) would not be able to get a visa when you get one.

Yes, you'd be eligible to adjust status. Your wife would not. Your problem would be that you entered with a visa that specifically prohibits immigrant intent. When you arrive with your B2 visa, if the CBP officer suspects you intend to immigrate then they may deny you entry. I've already explained the potential consequences of preconceived intent five times today, and I'm not inclined to explain them again. Suffice it to say that there's a chance, albeit somewhat remote, that the adjustment of status from a B2 visa entry could result in you being kicked out of the US for the rest of your life.

If your youngest son is a US citizen then you might want to consider marrying now, while he's under 18, and then postponing your immigration until he's 21 and he can petition for both of you.

Another thing about adjusting from your B2 is that you will have shown a desire to bend the rules and they may choose to cancel your wife's visas because of it. If you wife stays out of status in your house you could lose LPR status for harboring her.

THANKS EVERYBODY FOR ALL THE INPUTS THEY ARE ALL VERY MUCH APPRECIATED ...AND GUYS NO STRESS WE KNOW ALL THE CONSEQUENCES OF BREAKING THE LAW AND WE DO NOT INTEND TO DO IT...DO YOU GUYS GET THAT?? I HAVE OPTIONS THANKS GOD AND TIME I'M ONLY 42 GETTING MARRIED IN AUGUST WITH A LOVELY PERSON STILL WITH A GOOD JOB AND LIFE HERE IN EUROPE....AND NO NEED TO TELL ME THAT I'M GROW MAN AND MY KIDS DON'T NEED ME..JUST FOR THE RECORD I LOST BOTH OF MY PARENTS THIS YEAR AND GOD KNOWS HOW MUCH I NEED THEM MAYBE NO FINANCIALLY SPEAKING BUT A SON THAT LOVE THEY PARENTS WILL ALWAYS NEED THEM...AND THIS IS MY CASE BETWEEN MY KIDS AND I...NOBODY BUSINESS..STILL THANKS FOR THE REPLY....MY FIANCÉ HAVE NO NEED TO BE ILLEGALLY IN THE US AND SHE WON'T...YES I CAN WAIT FOR ANOTHER 3 YEARS ALL TOGETHER AND MY YOUNGEST WILL BE 21 AND WE GET BOTH PROCESSED AT THE SAME TIME...AND WHY NOT?? OPTIONS GUYS OPTIONS!!! RELAX PEOPLE...GOD BLESS EVERYBODY NO MATTER THE RELIGION BACK GROUND OR BELIEVES!!

BEST REGARDS!!

[benuk 18]

THANKS EVERYBODY FOR ALL THE INPUTS THEY ARE ALL VERY MUCH APPRECIATED ...AND GUYS NO STRESS WE KNOW ALL THE CONSEQUENCES OF BREAKING THE LAW AND WE DO NOT INTEND TO DO IT...DO YOU GUYS GET THAT?? I HAVE OPTIONS THANKS GOD AND TIME I'M ONLY 42 GETTING MARRIED IN AUGUST WITH A LOVELY PERSON STILL WITH A GOOD JOB AND LIFE HERE IN EUROPE....AND NO NEED TO TELL ME THAT I'M GROW MAN AND MY KIDS DON'T NEED ME..JUST FOR THE RECORD I LOST BOTH OF MY PARENTS THIS YEAR AND GOD KNOWS HOW MUCH I NEED THEM MAYBE NO FINANCIALLY SPEAKING BUT A SON THAT LOVE THEY PARENTS WILL ALWAYS NEED THEM...AND THIS IS MY CASE BETWEEN MY KIDS AND I...NOBODY BUSINESS..STILL THANKS FOR THE REPLY....MY FIANCÉ HAVE NO NEED TO BE ILLEGALLY IN THE US AND SHE WON'T...YES I CAN WAIT FOR ANOTHER 3 YEARS ALL TOGETHER AND MY YOUNGEST WILL BE 21 AND WE GET BOTH PROCESSED AT THE SAME TIME...AND WHY NOT?? OPTIONS GUYS OPTIONS!!! RELAX PEOPLE...GOD BLESS EVERYBODY NO MATTER THE RELIGION BACK GROUND OR BELIEVES!!

BEST REGARDS!!

AND PLEASE SOME OF YOU ARE WRITING THE SAME THING OVER AND OVER AGAIN....YOU CAN'T..SHE CAN'T..DON'T DO IT....DON'T DO IT...SHE WON'T IMMIGRATE YOU WILL...PLEASE I GOT THAT IN THE FIRST OR SECOND POST. LOL..

THANKS A LOT EVERYBODY!!

Edited June 22, 2011 by benuk

[JimVaPhuong 4,863]

THANKS EVERYBODY FOR ALL THE INPUTS THEY ARE ALL VERY MUCH APPRECIATED ...AND GUYS NO STRESS WE KNOW ALL THE CONSEQUENCES OF BREAKING THE LAW AND WE DO NOT INTEND TO DO IT...DO YOU GUYS GET THAT?? I HAVE OPTIONS THANKS GOD AND TIME I'M ONLY 42 GETTING MARRIED IN AUGUST WITH A LOVELY PERSON STILL WITH A GOOD JOB AND LIFE HERE IN EUROPE....AND NO NEED TO TELL ME THAT I'M GROW MAN AND MY KIDS DON'T NEED ME..JUST FOR THE RECORD I LOST BOTH OF MY PARENTS THIS YEAR AND GOD KNOWS HOW MUCH I NEED THEM MAYBE NO FINANCIALLY SPEAKING BUT A SON THAT LOVE THEY PARENTS WILL ALWAYS NEED THEM...AND THIS IS MY CASE BETWEEN MY KIDS AND I...NOBODY BUSINESS..STILL THANKS FOR THE REPLY....MY FIANCÉ HAVE NO NEED TO BE ILLEGALLY IN THE US AND SHE WON'T...YES I CAN WAIT FOR ANOTHER 3 YEARS ALL TOGETHER AND MY YOUNGEST WILL BE 21 AND WE GET BOTH PROCESSED AT THE SAME TIME...AND WHY NOT?? OPTIONS GUYS OPTIONS!!! RELAX PEOPLE...GOD BLESS EVERYBODY NO MATTER THE RELIGION BACK GROUND OR BELIEVES!!

BEST REGARDS!!

Please don't shout.

I don't think anybody was accusing you of intentionally wanting to break the law. I think people were assuming you simply didn't know that what you had originally proposed was, in part, not legal, and in part, not possible.

[benuk 18]

Please don't shout.

I don't think anybody was accusing you of intentionally wanting to break the law. I think people were assuming you simply didn't know that what you had originally proposed was, in part, not legal, and in part, not possible.

No,no I'm not shouting...just getting my word out that I'm in control of the situation and I've been reading a lot in the last few months (10 months) whatever I could regarding this process but something new alwayss come up!!It works for me I'm here to get more information is possible...thanks for the post!!