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  • Green card-holder to marry US Citizen, got a question

    Okay.. This is a little complicated.

    I'm a green card holder but I've been living outside the US for almost 5 years now.

    I've overstayed outside the US before and filed for a re-entry (got approved bec. I was a minor still when I left) and this is basically the second time I've gone waaay past the months I was allowed to stay outside the United States.

    My green card is still valid (till 2010) and now my fiancee who's a US Citizen is planning to come here to the Philippines so we can get married. My fiancee being the darling that he is, is not familiar with any immigration process at all. What he wants to happen is that when he flies back to the US, I come with him.

    My worry is, the first time I filed for re-entry, it was like doing the whole process over; Paper work, endless lines, medical exams, the works. My questions are;

    1.Would it be more difficult for us because I'm a green card holder?
    2. Normal Fiancee Visa process (as far as I've briefly read) would have to have an interview with a US consul, is that something I have to go through as well?
    3. Is there any underlaying rule somewhere that could hinder me from going back to the US with my fiancee? (since this would be the second time I've overstayed)

    Any insights at all would be greatly appreciated. Thank you!


    Jess

  • #2
    your green card is void even if it has a valid date. You have to start all over again.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Originally posted by JessSparks
      My fiancee being the darling that he is, is not familiar with any immigration process at all.
      You are a darling too... because you seem to not know much about the immigration process either.

      Your GC is void if you spend more than 1 year outside of the USA without an approved re-entry permit. Even if it has a date on it, you have not been living permanently in the USA (which is the point of the GC) so it will be revoked.

      You have to start ALL over again... the WHOLE process. Either apply for a K-1 visa (surrender your GC first) or get married and apply for an IR1 visa, but either way you must clear your whole GC mess first.

      You have not been a permanent resident, filed taxes, maintained an address in the USA, etc. So you lost the permanent resident status. Go surrender your GC and start over.
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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      • #4
        Aww, it was a long time ago and for the most part my parents took care of everything so I cant remember much.

        Thanks for the info. You guys have been great help!

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