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Question re: Wife's Elligibility for Green Card

By engsteve in Bringing Family Members of Permanent Residents to America

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engsteve Newbie

engsteve   3

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Hello, I have asked this question about a year ago with limited success (thank you to the person who replied, it was helpful). I figured I'd ask again as I'm searching for additional information. The situation is: Me, a Canadian citizen and my wife, a Mexican but Canadian PR holder. We're living in Canada at the moment, and my company is willing to sponsor me for a green card. However, she has nine years left out of a ten year ban from the USA. My question is whether or not it would be even worth it for me to pursue the green card with this in mind, as I obviously wouldn't leave for the United States without her. Is the ten year ban so absolute that I would not be able to extend my green card to her, or are there avenues that can allow that to be fixed?

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randomstairs Community Regular

randomstairs   303

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Filed: Citizen (apr) Timeline
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30 minutes ago, engsteve said:

Hello, I have asked this question about a year ago with limited success (thank you to the person who replied, it was helpful). I figured I'd ask again as I'm searching for additional information. The situation is: Me, a Canadian citizen and my wife, a Mexican but Canadian PR holder. We're living in Canada at the moment, and my company is willing to sponsor me for a green card. However, she has nine years left out of a ten year ban from the USA. My question is whether or not it would be even worth it for me to pursue the green card with this in mind, as I obviously wouldn't leave for the United States without her. Is the ten year ban so absolute that I would not be able to extend my green card to her, or are there avenues that can allow that to be fixed?

Because you're not a US citizen she wouldn't be eligible for a waiver, and I don't know if there's any other way to overcome the ban. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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Crazy Cat Grand Master

Crazy Cat   41,810

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
1 hour ago, engsteve said:

Hello, I have asked this question about a year ago with limited success (thank you to the person who replied, it was helpful). I figured I'd ask again as I'm searching for additional information. The situation is: Me, a Canadian citizen and my wife, a Mexican but Canadian PR holder. We're living in Canada at the moment, and my company is willing to sponsor me for a green card. However, she has nine years left out of a ten year ban from the USA. My question is whether or not it would be even worth it for me to pursue the green card with this in mind, as I obviously wouldn't leave for the United States without her. Is the ten year ban so absolute that I would not be able to extend my green card to her, or are there avenues that can allow that to be fixed?

A qualifying relative for an I-601 waiver must be a US citizen or a Green Card holder.  You are neither of these.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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engsteve Newbie

engsteve   3

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Posted (edited)
6 minutes ago, Crazy Cat said:

A qualifying relative for an I-601 waiver must be a US citizen or a Green Card holder.  You are neither of these.  

I know. I'm asking whether I would be able to sponsor her after getting the green card. I obviously don't want to bother with the green card only to find out that I am unable to move to the USA with my wife.

Edited by engsteve
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Crazy Cat Grand Master

Crazy Cat   41,810

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

Once a person is a Green Card holder (inside the US), he/she can serve as a qualifying relative for an I-601 waiver.

@Boiler gave you the correct answer the last time you asked 3 months ago. .  I don't see a way for you both to move to the US together.

 

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,810

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Filed: Citizen (apr) Country: Taiwan
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1 hour ago, engsteve said:

Is the ten year ban so absolute that I would not be able to extend my green card to her, or are there avenues that can allow that to be fixed?

A ban has to be either served outside the US or waived via an I-601 Hardship Waiver.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Dashinka Grand Master

Dashinka   24,479

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Filed: Citizen (apr) Country: Russia
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What does your company lawyer say?  

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Crazy Cat Grand Master

Crazy Cat   41,810

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Filed: Citizen (apr) Country: Taiwan
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Posted
1 minute ago, engsteve said:

They wouldn't be getting involved until I give the green light so I haven't spoken yet with them.

Maybe they could answer any questions you might have.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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engsteve Newbie

engsteve   3

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Posted
1 hour ago, Crazy Cat said:

Once a person is a Green Card holder (inside the US), he/she can serve as a qualifying relative for an I-601 waiver.

@Boiler gave you the correct answer the last time you asked 3 months ago. .  I don't see a way for you both to move to the US together.

 

 

It does seem that way. I suspected as much. Oh well, worse places to be than Canada I suppose.

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SalishSea Grand Master

SalishSea   17,801

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Filed: Lift. Cond. (apr) Country: New Zealand
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5 hours ago, engsteve said:

Of course. It would be better to speak with them, but this forum is a good proxy in the meantime.

If it happens, it will be YEARS from now.   May as well just wait out the ban.

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Dashinka Grand Master

Dashinka   24,479

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Filed: Citizen (apr) Country: Russia
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11 hours ago, engsteve said:

Of course. It would be better to speak with them, but this forum is a good proxy in the meantime.

In the end it is really up to you and your wife.  Immigration is difficult, and separations oftentimes are unavoidable when a goal is decided.  If you live in a border region you may be able to blunt some of that, but it is really dependent on your priorities.  If no separation is desired, it looks like the only option is to wait out the bar and then see if you can get a similar offer in 8-9 years.  If you are willing to deal with some separation (dependent on your specific situation), you could get the employment GC now, file for your spouse as an F2A and potentially get her here in 5-6 years.  Overall, there is not much difference in the timing.

 

Good Luck! 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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davidvs Enthusiast

davidvs   337

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Filed: IR-1/CR-1 Visa Country: Thailand
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Posted
19 hours ago, engsteve said:

I know. I'm asking whether I would be able to sponsor her after getting the green card. I obviously don't want to bother with the green card only to find out that I am unable to move to the USA with my wife.

No,  you cannot.

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