Do I have realistic prospects for a greencard?

[JeanneAdil 6,514]

15 hours ago, Adam3030 said:

Fair enough, does it not increase my chances, that my wife is an American citizen, naturally thought it probably would, somewhat 

no,  decreases your chances for a tourist visa as the CO can assume you plan to come and AOS to stay

[R1CH1991 247]

I don’t think you would have any issues with applying for a green card. Ironically it would be more straight forward than a tourist B-2. Since you’re married the first step is your spouse to file l-130.

 

I would discuss with your spouse and look to start the process. The process is currently taking 1-2 years with delays at every stage. 

[Paul and Sopheap 91]

18 hours ago, Adam3030 said:

Hi everyone hope everyone's well during these tough times - just wanted a little advice on my visa dilemma it's quite a long post (not too complex I don't think) so please do excuse me
I can confirm everything written below is 100% honest and I have not fabricated any part of the story in my favour

Just some basic background I am a 26 year old male, born in the UK, I currently own a store in London - which I am heavily invested in (half a million pounds of investment) and business wise it is doing great. I have quite a vast travel history, never any issues with overstaying etc

History with police- I guess my issues start here. I have unfortunately 3 arrests, in the past.
In 2012 (I believe?) I was arrested for a rape allegation (please don't judge me, it was a false allegation by a bitter ex girlfriend immediately after I broke up with her), I was arrested, questioned, and no further action was taken, as it was a crystal clear false allegation.

In 2016 I was arrested on two occasions, for common assault, (again the circumstances were questionable) and as the police could see I'm not a bad guy and both situations weren't entirely my fault as such, on both occasions I was cautioned. So officially I have absolutely 0 criminal convictions. Bare in mind, the assaults were only some pushing and shoving,not violence as such.

In around 2015 or so, I decided I wanted to visit the USA, for a general holiday, I at this point had no ties with anyone in America, while I was planning a trip to America, I got talking with a girl from New York, it was all casual, and we planned on meeting up in America for lunch and she would show me around etc.. For the record, we were just friends and I was not at all travelling to see her at all.

As my first arrest required me to get a visa, I went to the USA embassy and instantly got refused, I think I was around 18/19 years old when I first got refused, I forgot under which section, but it was the one where I had not proven very strong ties to the UK and it wasn't to do with my prior arrests

A few months later, I booked another interview but this time I was more prepared and took with me bank statements etc to show that financially I'm stable over here and well settled. This time I was not instantly refused but I was put on administrative processing, meaning my case would be reviewed, the majority consensus online was that when this is the case, visa is normally granted.

Unfortunately that one was refused a few weeks later  for the same reason, as I didn't show enough ties to the UK

All this point I'd still been talking to the girl from America, and things are getting more serious. So we met once in Pakistan (a country we are both easily able to access)

We then met a second time in Pakistan a year later. One year after that her and her whole family came to visit me in the UK as we plan marriage and a wedding.

As she had travelled out of her country 3 times to meet me at this point I decided to try to apply for an American tourist visa again, so I could now visit her in her country, (this was about 3-4 years after my last refusal). As things had changed since last time I was honest with embassy staff and told them I am visiting my fiance and that the previous times I applied for a visa, it was not for her but things have now changed. I was once again refused for not showing strong enough ties to the UK

We got married 6 months ago in Pakistan when covid restrictions begun to ease off, and she is currently staying with me in the UK on a tourist visa, next month she will be going back home and I will begin her citizenship application process as relocating to America is not an option due to my business here.

Of course I still want to visit her in the states while the visa process is on going and just in general it would be nice to visit her home country with her.

Based on the information above, how likely are my prospects for a green card or tourist visa now that we are married?

Although I do want to visit America, I won't be gutted if I can't, it's a big world and there's many other places to see. But I would appreciate some honest feedback!
Thank you for reading!









 

They won't give you a green card unless you can prove that you intend to live in the US permanently, and the tourist visa might be more difficult now that you're married to an American. It sounds like you really don't need a green card and with your situation they wouldn't approve it since you don't plan to live there. For the tourist visa I can't really say, but it sounds like you've had a tough time up to this point, and I think having an American spouse would only make it more complicated, unfortunately. Just my thoughts.

[Paul and Sopheap 91]

1 hour ago, R1CH1991 said:

I don’t think you would have any issues with applying for a green card. Ironically it would be more straight forward than a tourist B-2. Since you’re married the first step is your spouse to file l-130.

 

I would discuss with your spouse and look to start the process. The process is currently taking 1-2 years with delays at every stage. 

The issue, though, is that he's not planning to live in the US. The green card won't work unless he can prove immigrant intent. So if he is honest to them about his plans, it won't be approved, unfortunately.

[HRQX 4,145]

10 minutes ago, Paul and Sopheap said:

The green card won't work unless he can prove immigrant intent.

That is incorrect. The IV can be issued without "immigrant intent." (Although a hypothetical petitioner's lack of US domicile (or no intent to reestablish domicile) can be an issue for the IV process.) See 9 FAM 504.1

 

You are confusing the Nonimmigrant requirement of having a residence abroad which he or she has no intention of abandoning; see INA 214(b).

Edited June 30, 2021 by HRQX

[Adam3030 0]

16 minutes ago, Paul and Sopheap said:

The issue, though, is that he's not planning to live in the US. The green card won't work unless he can prove immigrant intent. So if he is honest to them about his plans, it won't be approved, unfortunately.

I have been totally honest all the way through with the American officials and will remain honest with my intentions, if I knew I had a good chance of being approved a green card, we may consider a move to the US, as I say if a good business opportunity presented itself. I'm just trying to gather what my options are between me and my wife, as of yet I've established a tourist visa is pretty much a no for now 

[Paul and Sopheap 91]

1 hour ago, HRQX said:

That is incorrect. The IV can be issued without "immigrant intent." (Although a hypothetical petitioner's lack of US domicile (or no intent to reestablish domicile) can be an issue for the IV process.) See 9 FAM 504.1

 

You are confusing the Nonimmigrant requirement of having a residence abroad which he or she has no intention of abandoning; see INA 214(b).

Oh really? So they could theoretically go through the i130 spousal process without having to prove that they plan to live in the US? Interesting. Wish I'd known this before! My lawyer didn't inform us of it...

 

So would they have to prove that they are living together somewhere? 

Edited June 30, 2021 by Paul and Sopheap
Forgot a question

[Paul and Sopheap 91]

58 minutes ago, Adam3030 said:

I have been totally honest all the way through with the American officials and will remain honest with my intentions, if I knew I had a good chance of being approved a green card, we may consider a move to the US, as I say if a good business opportunity presented itself. I'm just trying to gather what my options are between me and my wife, as of yet I've established a tourist visa is pretty much a no for now 

Well according to another post, maybe you could still do the GC.When I consulted an attorney he said it wouldn't work (we were in sort of a similar spot...we wanted to move to the US but had no idea when).

[Paul and Sopheap 91]

53 minutes ago, Paul and Sopheap said:

Oh really? So they could theoretically go through the i130 spousal process without having to prove that they plan to live in the US? Interesting. Wish I'd known this before! My lawyer didn't inform us of it...

 

So would they have to prove that they are living together somewhere? 

I was more worried about this type of situation:

https://www.alllaw.com/articles/nolo/us-immigration/working-outside-us-with-green-card.html

[HRQX 4,145]

1 hour ago, Paul and Sopheap said:

I was more worried about this type of situation:

https://www.alllaw.com/articles/nolo/us-immigration/working-outside-us-with-green-card.html

That is a valid concern*. My post was focused on the IV issuance process, though.

 

*The concern can be temporarily mitigated with a Reentry permit: https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance." But the LPR cannot use certain foreign benefits that require "residence" in the foreign country; for example: provincial healthcare in Canada.

[Paul and Sopheap 91]

2 minutes ago, HRQX said:

That is a valid concern*. My post was focused on the IV issuance process, though.

 

*The concern can be temporarily mitigated with a Reentry permit: https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf "A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance." But the LPR cannot use certain foreign benefits that require "residence" in the foreign country; for example: provincial healthcare in Canada.

Oh, ok that makes sense. Thx for sharing.