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ad007

wife has green card how do i go to USA ?

By ad007 in Bringing Family Members of Permanent Residents to America

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canadian_wife Grand Master

canadian_wife   1,829

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

You don't apply yet. Your wife must petition for you first.

Be prepared for some hurldes. Your wife gets her green card through her husband, divorces him after 2 years then petitions for you.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

kzielu Experienced

kzielu   1,149

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted (edited)

she has already filed for divorced and she will be divorced next month. another issue is i was on H1 visa in united states with my ex wife too. :( is there any issue with that ?

First - earliest time you'll be able to get GC is ~3 years from wedding date - since your wife is a GC holder, not a citizen (I assume). Second - your case screams fraud (not saying it is, but that's how it may be seen by consulate) so be prepared to prove validity of your marriage - that's an issue. H-1 is not an issue at all...

Btw - how is she your wife when she had divorced her previous husband yet ?

Edited by kzielu
Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

**** Moving from General Immigration to Bringing Family of LPR ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

canadian_wife Grand Master

canadian_wife   1,829

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Good question - how is she your wife if you she isn't divorced yet?

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

ad007 Newbie

ad007   0

Posted
Filed: Country: India
 Timeline
  • Author
Posted

Good question - how is she your wife if you she isn't divorced yet?

Good luck

ya she is not my wife yet i am about to marry her after two months from now. she will be divorced in 1 month and than coming to india. i have written my wife so that you guys can understand better :) so my minimum waiting time will be 3 years ? or is ther any other option. i heard that if i go to usa on visitor visa and than marry her in usa. than later on i have to file adjustment of status and i can stay ther with her till i get green card. is there anything like that ?

Deep2009 Proficient

Deep2009   18

Posted
Filed: Other Country: India
 Timeline
Posted

My intentions are not to offend anybody in any way or form or shape..... I am mentioning here a rule you need to look at....

She can not file petition for you till 5 years of residency (if she got her GC say 2 years ago, date - May 1st, 2010)

She can not file I130 for her new spouse till May 1st, 2015.....that is the rule and condition

Check it here - http://www.uscis.gov/files/form/i-130instr.pdf

Page First - "Who May Not File Form I130", see rule 5 - A.... :bonk:

JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted (edited)

ya she is not my wife yet i am about to marry her after two months from now. she will be divorced in 1 month and than coming to india. i have written my wife so that you guys can understand better :) so my minimum waiting time will be 3 years ? or is ther any other option. i heard that if i go to usa on visitor visa and than marry her in usa. than later on i have to file adjustment of status and i can stay ther with her till i get green card. is there anything like that ?

IMHO you will have problems with immigration because the antics of your soon-to-be wife are within text-book fraud lines. (I am not even suggesting it is the case so much as I am calling your attention to what it may look like from the outside).

She got her greencard through marriage to a US citizen, and as soon as she completes her ROC, she immediately marries you, and applies for your residence. That may not sit well with immigration and may not even be possible.

If you come to the US with the intent of getting married, in and of itself is considered fraud. However, assuming you manage to do that, it will look even worse, on top of the circumstances above.

IMHO the question which will be asked of you and her is when did you meet, and how did you manage to get acquainted enough to contemplate marriage, if by law she is still legally bound to what must be a bona fide marriage, in order to secure her green card? In other words, if she is/was in a real marriage for the past two years, where do you fit in the picture?

Only you know of your circumstances, so if you go down that route, be prepared to be put through the ringer with US immigration.

Edited by Gegel

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