Re entry permit and F2A

[Mustita 4]

I am a permanent resident, I went to the United States in April 2014 then I return to my country in March 2015 and I will now go back in February; I want to make a petition for my husband (with whom I’ll marry before I go) I wanted to know if I can get married now, and entry the petition on February, then I’ll be staying 3 months and apply for a reentry permit to be in my country with my husband or in my husband’s country, until he gets his interview and his case complete, now seems to be 1½ years F2A category is lasting, it is feasible to do what I'm thinking? Or do I have any inconvenience? Thank you!

[aaron2020 11,651]

Hi,

Your plan is possible. For the I-864, you will need a US domicile and sufficient income and/or assets in order for your husband to get a visa. You will also have to file US tax returns or explain why you are excused from filing.

[OKflyboy 35]

It is possible. F2A is a family reunification category, so strictly speaking, if you and your husband live together somewhere else, there's no reunification necessary. However, if you can prove that your residence is in the US (taxes, bank accounts, utility bills and such), it might work. When you apply for the re-entry permit, you will be asked the reason. Make it a good one. I'm not sure if just wanting to be with your husband will suffice, but who knows. My mother got a permit and had to go back to her country while my brothers F2A is pending, because she is his only caregiver.

They will probably issue you the permit anyway, but you might be asked questions when you return. My mom has had to come and go three times now, and the last time they did ask why she stays out more than in. She explained about my brother and offered to show the permit, but they said it was okay. She does return every 4-5 months, though.