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  • Permanent Residence

    My wife is an American citizen by birth. We met outside the USA and have been married for over 10 years. We have children (all minors), born outside the USA, who are US citizens by virtue of their mother's citizenship. We have always lived outside the USA due to my work, and choice. My wife is a stay-at-home-mom. My wife and kids wish to repatriate to the USA, while I continue for some more time with my employment abroad.

    a) If I enter the USA on either B1 or B2 visa in the near future to visit my family, can my wife and/or kids (minor) petition for Green Card or Permanent Residence for me while I am there? How?

    b) What other options/steps do you recommend are there for me to avail a permanent residence, noting that I am not particular about acquiring a US citizenship?

    Thanks

  • #2
    please note;
    1.If you do not already have a B1/B2 , it will be almost impossible for you to get one when your family is in US.
    2.Why would you first want a B1/B2 and then a green card? Why not get an immigrant visa(=green card) straightaway
    when you are ready to move to US permanently.Yes it is possible even when all of you are outside US.

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    • #3
      Originally posted by peace999 View Post
      please note;
      1.If you do not already have a B1/B2 , it will be almost impossible for you to get one when your family is in US.
      2.Why would you first want a B1/B2 and then a green card? Why not get an immigrant visa(=green card) straightaway
      when you are ready to move to US permanently.Yes it is possible even when all of you are outside US.
      Thank you for your response.

      1. The family is not in the US; we have been married abroad, and residing abroad. The family travels to the US for vacation from time to time, however, I have been unable to travel with them, as I could never get myself to go through the hassle of obtaining an appointment with the US embassy and then queuing up to get in, interview, etc. all for the sake of obtaining a visa so that I may spend a few weeks in the US. Not to mention traveling to the US is not exactly fun anymore.

      2. The B1/B2 is to enable me to visit my family once they repatriate to the US; perhaps a couple of times a year. Then, later, if I should decide to stay there, what are the options or the course of action for me to avail a permanent residence? For the Green Card my wife being a stay-at-home-mom (i.e. unemployed) will not be able to file an affidavit of support or is that not necessary?

      Thanks.

      Comment


      • #4
        that is what I meant . You will not get a visitor visa when your family moves to US. the reason is a visitor visa requires a non-immigrant intent. And when your
        US citizen spouse is in US, there is a thing called "automatic presumption of immigrant intent". Hence no visitor visa.
        What you can do is apply for a B1/B2 now when they are all living with you abroad. If they give you a 10 yr visa, you can use it later.

        If you decide to get a PR later , the safest thing to do is for your wife to file a petition when she is in US using her assets
        or a co-sponsor for the affidavit of support.
        and for you to get an immigrant visa where you live now.

        another option; If the country where you live has a USCIS filed office, your spouse can file an immigrant petition for you at the US embassy by-passing the processing
        inside US. Domicile and affidavit of support requirements can be sorted out.
        Last edited by peace999; 01-27-2014, 08:57 AM.

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