Green card holder to marry his girfriend(what kind of visa)

[SusieQQQ 11,586]

1 hour ago, PhillipB said:

Okay guys, here is the game plan.  During the next month i will be back in the US, probably will stay in the US for about 7 months, for that time i hope i can earn 125% over poverty line. after i get back i will marry my girlfriend. But there are some questions i still have, hope someone who recently went the process can answer.

 

Is it possible to make it all work if i spend 7-8 months every year in the US until we wait for her interview?

If she apply for a tourist visa , and get tourist visa,  will that jeopardize the whole ir1/cr1 process if she come once a year to the US?

I was in US for only a month, can that be a problem for proving domicile?

Even if i make total earning this year over 125% of poverty line i read somewhere that i can be required to get income statements for past 3 years??

If i do the whole process with sponsor, does that have to be a relative or can be some friend or so? what documents should i require then, only about income?

If you are an LPR it is not IR/CR process, it is F2A.

[aaron2020 11,651]

1 hour ago, PhillipB said:

Okay guys, here is the game plan.  During the next month i will be back in the US, probably will stay in the US for about 7 months, for that time i hope i can earn 125% over poverty line. after i get back i will marry my girlfriend. But there are some questions i still have, hope someone who recently went the process can answer.

 

Is it possible to make it all work if i spend 7-8 months every year in the US until we wait for her interview?

If she apply for a tourist visa , and get tourist visa,  will that jeopardize the whole ir1/cr1 process if she come once a year to the US?

I was in US for only a month, can that be a problem for proving domicile?

Even if i make total earning this year over 125% of poverty line i read somewhere that i can be required to get income statements for past 3 years??

If i do the whole process with sponsor, does that have to be a relative or can be some friend or so? what documents should i require then, only about income?

For the I-864, a job that you leave for 4-5 months every year is not stable and regular.  You would likely fail to meet the I-864 requirements even if you meet the 125% poverty line.  A totality of the circumstances will be considered.  A job you quit after 7-8 months is not stable.  

 

Applying and getting a visitor visa has no bearing on the immigration process in the F2a category.  As an LPR, you can not petition in the IR1/CR1 process.  

 

Your income from the last three years is considered for the I-864 to see if your income is ongoing and stable.

 

A Joint Sponsor can be any USC or US green card holder who meets the financial requirements and is over age 18.  Family or friend is okay.  Read the I-864 instructions for the documents you will need from them.

[PhillipB 1]

From what i understand when i asked a month ago everyone told me it is IR/CR visa not F2a, i am really confused now for real 

[accumbyte 149]

7 minutes ago, PhillipB said:

From what i understand when i asked a month ago everyone told me it is IR/CR visa not F2a, i am really confused now for real 

If you become a citizen and her F2A process is still pending then you can upgrade it to IR-1/CR-1 with a copy of the naturalization certificate.

[aaron2020 11,651]

10 minutes ago, PhillipB said:

From what i understand when i asked a month ago everyone told me it is IR/CR visa not F2a, i am really confused now for real 

You joined VJ on Feb. 3 where you started this thread in the IR1/CR1 forum on the same day.  A moderator moved it to the correct forum.  Everyone said F2a category.  No one told you in this thread that it was an IR1/CR1 case. 
 

Edited March 10, 2019 by aaron2020

[aaron2020 11,651]

Your plan will not work.  Your plan will create problems for you. 

Here's a list - abandonment of the green card for excessive time living outside the US, domicile, and totality of circumstances for meeting the I-864 requirements.

 

You should consider living and working in the US all year long with brief visits outside the US during your work vacations so that you don't create the three problems above.

[PhillipB 1]

There are no specific guides for f2a visa, i guess the  I130 should be filled the same way for f2a visa as Ir1/cr1 ?

If there is someone who already went through the whole process for f2a visa please send me direct message.

[SalishSea 17,837]

On 3/10/2019 at 11:17 AM, aaron2020 said:

Your plan will not work.  Your plan will create problems for you. 

Here's a list - abandonment of the green card for excessive time living outside the US, domicile, and totality of circumstances for meeting the I-864 requirements.

 

You should consider living and working in the US all year long with brief visits outside the US during your work vacations so that you don't create the three problems above.

Or maybe move back to your country if you wish to spend more time there than in the US?