A complicated situation! Wife of 12 years and 3 children

[DonWG 4]

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

[Hypnos 6,577]

It's unlikely she will be able to obtain a tourist visa:

(i) from Uganda.

(ii) previous immigrant intent from being an LPR (how was this obtained, an immigrant visa or AoS?)

(iii) a new intent to ultimately relocate to the US.

(iv) married to a US citizen with US citizen children.

You could have her attempt to obtain a tourist visa (the worst that can happen is it's refused and you lose the fee), but I would say her chances of success are extremely remote. I would just file the I-130 now and get that moving, because as you say it will be ~8 - 10 months of waiting and the sooner you start the sooner you will finish.

With regards to your specific questions:

(1) I don't think it will make much difference either way.

(2) If that would be the main purpose of her visit then sure I would include a doctor's letter as part of your documentation.

(3) No.

Edited September 30, 2013 by Hypnos

[Mark88 184]

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?

Probaly, but as always, it will depend on the CO who will grant/deny the visa. If the children are still in Uganda, then this would proof her case for binding ties even more.

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?

As above, depends on the CO. Some feel sympathy, some just don't care.

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?

If she returns to Ugunda, before her allowed time is up, then no.

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

Is the green card still valid, or did it already expire? Did you file US tax returns for you and your wife during the last years? You might have one other option in this case.

[DonWG 4]

It's unlikely she will be able to obtain a tourist visa:

(i) from Uganda.

(ii) previous immigrant intent from being an LPR (how was this obtained, an immigrant visa or AoS?)

(iii) a new intent to ultimately relocate to the US.

(iv) married to a US citizen with US citizen children.

You could have her attempt to obtain a tourist visa (the worst that can happen is it's refused and you lose the fee), but I would say her chances of success are extremely remote. I would just file the I-130 now and get that moving, because as you say it will be ~8 - 10 months of waiting and the sooner you start the sooner you will finish.

With regards to your specific questions:

(1) I don't think it will make much difference either way.

(2) If that would be the main purpose of her visit then sure I would include a doctor's letter as part of your documentation.

(3) No.

Thanks for all that advice. She was given the green card due to our marriage, not an AoS.

I do understand that it might be unlikely but I would still like to try since waiting another year is a bit hard to accept!

[Mark88 184]

Is the green card expired or do you still have it and is valid?

[DonWG 4]

Probaly, but as always, it will depend on the CO who will grant/deny the visa. If the children are still in Uganda, then this would proof her case for binding ties even more.

As above, depends on the CO. Some feel sympathy, some just don't care.

If she returns to Ugunda, before her allowed time is up, then no.

Is the green card still valid, or did it already expire? Did you file US tax returns for you and your wife during the last years? You might have one other option in this case.

I appreciate your reply. The green card is not valid- it expired years ago. I filed taxes for 2012 since I was working here but I did not file taxes for 2007-2011 since my income waas either negligible or below the threshold. Although I can still file them since I don't owe any taxes for those years.

[Boiler 45,767]

No harm in trying.

[Mark88 184]

if your tax filing is current (and she would have been included on them), and the green card is valid, you could have applied for a SB-1 visa. This would save alot of time. If approved you could return to the us with a green card within 30 days.

[Boiler 45,767]

Taxes are just one element of maintaining residence.

[DonWG 4]

Unfortunately her green card expired a few years ago. Since we were going to reside overseas, we knew that she could not maintain residency in the US.

I was just hoping that perhaps the fact that we're not a new couple (married 12 years, 3 kids) and her previous green card would give her a better chance for a visitors visa. Because it seems as the IR-1 procedure will be just as long as any other.

Edited September 30, 2013 by DonWG

[Boiler 45,767]

If anything those are negatives.

[DonWG 4]

If anything those are negatives.

Negatives being the long marriage and previous green card? So you're saying they will point to an increased intent to immigrate rather than visit?

[Mark88 184]

Taxes are just one element of maintaining residence.

They are always the first thing I always got asked for in any interview

Negatives being the long marriage and previous green card? So you're saying they will point to an increased intent to immigrate rather than visit?

Sadly it is. They will look at her history and also see that all your children are USC's. This will look like an immigration attempt for most CO's. If you apply for a B-2 Visa you will have to make a strong case, that she will leave the US again.

[DonWG 4]

They are always the first thing I always got asked for in any interview

Sadly it is. They will look at her history and also see that all your children are USC's. This will look like an immigration attempt for most CO's. If you apply for a B-2 Visa you will have to make a strong case, that she will leave the US again.

I understand. I know its a long shot but if she can get an interview soon I'd rather give it a shot.

Of course I also get worried that if she is granted the visa, perhaps at the POE she'll also have another hurdle?

[Hypnos 6,577]

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