Living separately part time after marriage

[Serpentmoon 2]

Just starting on the journey- involved with my Jamaican boyfriend over 3 years... Go back every 3-4 months spend 2-3 weeks.. The situation is we  both live with and take care of elderly mothers.

Neither one can just get up and permanently move but plan to continue are frequent visits and when (hopefully) he gets his green card visa he can do the same..At some point our obligation to our parent will be cease (sadly) but for now and future this is the arrangement we've had and we'll need keep it.. He eventually would ;like to live here on more permanent basis and we plan to have a residence in Jamaica as well.

 

Is this an issue when we apply and hopefully have his interview ?   

We plan on getting married in Jamaica in Nov this year and after I get back to states will apply and start the process.

 

I've previously been married and petioned my previous husband (who I met here in USA-hes from Europe) and we got green card..but after few years marriage he wanted move back to Europe and I didnt/couldnt and we got divorced..(he let he's greencard lapse -did not want live in USA)  Is the a red flag?  as well as age difference between my future husband and I ?(I'm older and his younger) .

 

we do not have any fiancé together because its difficult if not impossible  open account with foreigner who's not your spouse ...

 

Just starting on this journey any all replies are appreciated...I imagine I will be on this board frequently..

[SalishSea 17,818]

12 minutes ago, Serpentmoon said:

Just starting on the journey- involved with my Jamaican boyfriend over 3 years... Go back every 3-4 months spend 2-3 weeks.. The situation is we  both live with and take care of elderly mothers.

Neither one can just get up and permanently move but plan to continue are frequent visits and when (hopefully) he gets his green card visa he can do the same..At some point our obligation to our parent will be cease (sadly) but for now and future this is the arrangement we've had and we'll need keep it.. He eventually would ;like to live here on more permanent basis and we plan to have a residence in Jamaica as well.

 

Is this an issue when we apply and hopefully have his interview ?   

We plan on getting married in Jamaica in Nov this year and after I get back to states will apply and start the process.

 

I've previously been married and petioned my previous husband (who I met here in USA-hes from Europe) and we got green card..but after few years marriage he wanted move back to Europe and I didnt/couldnt and we got divorced..(he let he's greencard lapse -did not want live in USA)  Is the a red flag?  as well as age difference between my future husband and I ?(I'm older and his younger) .

 

we do not have any fiancé together because its difficult if not impossible  open account with foreigner who's not your spouse ...

 

Just starting on this journey any all replies are appreciated...I imagine I will be on this board frequently..

Are you asking whether the fact that your current situations make it impossible for you to live in the same country will be an issue?

 

or whether he can bring his elderly mother over?

 

or whether your past marriage to an immigrant/ red flags will be an issue?

[JFH 12,190]

Note that a green card is for living permanently in the USA. It’s not a deluxe tourist visa, allowing a foreigner to maintain a home overseas and spend a few months every year in the USA. It looks like you want to live in both countries. Whilst you can come and go as you please as you are a US citizen, green card holders must be able to satisfy the authorities that the USA is their permanent home.  

[Serpentmoon 2]

3 hours ago, Jorgedig said:

Are you asking whether the fact that your current situations make it impossible for you to live in the same country will be an issue?

 

or whether he can bring his elderly mother over?

 

or whether your past marriage to an immigrant/ red flags will be an issue?

1 )the current situation - he will be living permanently but needs to go back and forth se way people who travel and spend time with their jobs . 

) not bringing mother over .

 

)yes on red flags question 

 

Thank you 

 

[LilyJ 1,258]

If you are planning on him not living in the US for at least 6 months or more per year, then yes, it will be a problem. If he is not living in the US the majority of the year, each year, he will lose his green card, and you will have to start over. As already stated, a green card is to permanently reside in the US with, not to visit the US with. If he's not living in the US for the majority of the year his green card will be revoked. No point in petitioning for him to get an immigrant visa until you both are able to have him live in the US permanently full time

Edited September 4, 2019 by LilyJ

[Serpentmoon 2]

2 hours ago, JFH said:

Note that a green card is for living permanently in the USA. It’s not a deluxe tourist visa, allowing a foreigner to maintain a home overseas and spend a few months every year in the USA. It looks like you want to live in both countries. Whilst you can come and go as you please as you are a US citizen, green card holders must be able to satisfy the authorities that the USA is their permanent home.  

Thank you for your reply - he will be able to satisfy requirements - will be spending at least total of 6 months or more during a 12  month period which I understand is acceptable - when his mom passes  he will be here even more of course - .. we will look into advice from immigration lawyer regarding going back and forth to care for I’ll family member - I will be starting a separate thread in this . If you have knowledge or experience on this please enlighten me . 

Edited September 4, 2019 by Serpentmoon

[SalishSea 17,818]

4 hours ago, Serpentmoon said:

1 )the current situation - he will be living permanently but needs to go back and forth se way people who travel and spend time with their jobs . 

) not bringing mother over .

 

)yes on red flags question 

 

Thank you 

 

Sounds like best bet is tourist visa in this case.

[Serpentmoon 2]

1 hour ago, Jorgedig said:

Sounds like best bet is tourist visa in this case.

He comes from country that seems to have  a lot denials for tourist visa and the fact we will be married May make it even harder . We would honest about our situation ( caring for elderly mother ) but he is able to have siblings care when he visits and we’d like him to be able to come here and visit me . I guess we’d just have to present our facts and intentions and why he’s not going the Cr1 route . Frustrating - but i guess I need start looking for answers in the visitor visa forum as well as consult a lawyer ., just wish he didn’t live in a country are it so difficult get visitor visa ( or need one general -) Thank you for your reply 

[implife 318]

19 hours ago, JFH said:

It’s not a deluxe tourist visa,

I always wanted one!

[angelbrown 195]

He has to show strong ties to JA to get a tourist visa (basically STRONG EVIDENCE that shows he has a reason to return). Immigration doesn’t care about honesty, they care about the black and white facts on paper. So be prepared to show strong ties. More than likely, he won’t even have a chance to explain that at the interview.

 

I don’t think age will be a factor. I’m 15 years older than my husband.

 

If you plan to marry in November and start the process, what process are you referring to? Bc you mentioned explaining why he’s not going the CR1 route. That would be the only option other than a tourist visa. And you wouldn’t apply for CR1 to live part time in US. As JFH stated, green card is for a “permanent RESIDENT” (not part time) of the US. 

 

Filing for spouse visa is not the best option to live and work in both countries for reasons stated above. I believe the issue of time spent inside/outside of US will come into play if he ever intends to apply for citizenship.

 

You don't need to pay an attorney to tell you what the previous comments have correctly told you for free. 

 

Lastly, do your research for whichever route you intend to take so that you’re well prepared.

 

Good luck!😁

Edited September 5, 2019 by angelbrown

[Ben & Katy 168]

It might be best for him to apply for a tourist visa on his own merits first.  

 

Then sometime you guys could get married in Jamaica after you get your previous situation resolved, then have him live in Jamaica for at least two years before you apply for his green card so he can have a 10 year green card instead of a 2 year conditional.  The IR1 10 year green card would be more convenient for your situation as you both have to wait to live together until his or both of your elderly mothers are no longer around. 

[Serpentmoon 2]

5 hours ago, angelbrown said:

He has to show strong ties to JA to get a tourist visa (basically STRONG EVIDENCE that shows he has a reason to return). Immigration doesn’t care about honesty, they care about the black and white facts on paper. So be prepared to show strong ties. More than likely, he won’t even have a chance to explain that at the interview.

 

I don’t think age will be a factor. I’m 15 years older than my husband.

 

If you plan to marry in November and start the process, what process are you referring to? Bc you mentioned explaining why he’s not going the CR1 route. That would be the only option other than a tourist visa. And you wouldn’t apply for CR1 to live part time in US. As JFH stated, green card is for a “permanent RESIDENT” (not part time) of the US. 

 

Filing for spouse visa is not the best option to live and work in both countries for reasons stated above. I believe the issue of time spent inside/outside of US will come into play if he ever intends to apply for citizenship.

 

You don't need to pay an attorney to tell you what the previous comments have correctly told you for free. 

 

Lastly, do your research for whichever route you intend to take so that you’re well prepared.

 

Good luck!😁

Thank you so much - I’ve done some research but just starting all this and always good to hear from those with firsthand knowledge . It’s quite a quagmire we’re dealing with - but we love our parents and can’t just abandon them  when they depend on us . Big sigh ....

[Serpentmoon 2]

Yes, I just wish the denial rate wasn't so high ...and of course if were married or mentions having a girlfriend in the us then its even more reason for denial..I've known many Jamaicans who have svery strong evidence of ties be denied again and again...Hate to waste time and money but should at least try once I imagine..One of the dilemmas of being our parents caretakers ... we love our mothers and do what we have to do..May just have to try for visitor visa and keep vistintg him in his country and traveling to visa free countries (for him)..try our best enjoy the time we can be together... Thank you again for your reply.

[Serpentmoon 2]

11 hours ago, Ben & Katy said:

It might be best for him to apply for a tourist visa on his own merits first.  

 

Then sometime you guys could get married in Jamaica after you get your previous situation resolved, then have him live in Jamaica for at least two years before you apply for his green card so he can have a 10 year green card instead of a 2 year conditional.  The IR1 10 year green card would be more convenient for your situation as you both have to wait to live together until his or both of your elderly mothers are no longer around. 

As you may know the denial rate for even those with solid evidence of strong ties is high...and being married and/or having a girlfriend in the states adds to denial rate..But maybe we give it our best shot and see.. So your saying when the time is right we get married in his country and then wait 2 years to apply for his green card as my spouse? He'll then get a 10 years green card ?  If I apply before 2 years he only gets 2 year conditional ?   Thank you again for your reply

[pushbrk 12,876]

1 hour ago, Serpentmoon said:

As you may know the denial rate for even those with solid evidence of strong ties is high...and being married and/or having a girlfriend in the states adds to denial rate..But maybe we give it our best shot and see.. So your saying when the time is right we get married in his country and then wait 2 years to apply for his green card as my spouse? He'll then get a 10 years green card ?  If I apply before 2 years he only gets 2 year conditional ?   Thank you again for your reply

YOU, will not apply for anything.  If you've been married 2 years when he ENTERS the US with his spouse visa, he will get a ten year green card.

 

As for the part time in two countries, it's complicated.  More time in the US than out of the US is a good general idea but not always good enough.  Start by Googling "Maintaining Permanent Resident Status US".