M.A.

Gentlemen/Ladies:

I have a situation that requires some urgency. I was misinformed about the
process of applying for a green card for my wife. We got married 1 year ago.
She is a citizen of Belgium and I'm a US citizen. I live in Washington, DC.

Once we got married in Europe, we came back to the US and saw an attorney
who was to help us with the process of getting a green card for her. One of
the things he asked for was the tax returns of the 3 previous years. Because
I have not paid taxes for the last 3 years (an issue that is now being
resolved with the IRS), I figured that we would not be able to apply for the
green card. I didn't have the returns because I never filed them.

My wife has been coming in under the visa waiver program and has been
leaving promptly every 3 months and then coming back in within a couple of
weeks. It has not been a problem until yesterday when she was refused entry
in Dulles and put on a plane back to Europe. She was told that she needed to
apply for a regular visa at the Embassy and come back in; she couldn't come
in under the visa waiver program again.

She is now alone at her parents' house (they have moved here) and waiting
for a solution or course of action.

I have the following questions:

- Do you think that it is a simple matter of applying for another visitor
visa at the Embassy to return so we can go ahead with the I-485?
- What are the chances that she will be refused the visa?
- If that is not a good route, is it quickest to file I-129F and bring her
in as a fiancé and then do the adjustment once she is here?
- If so, how long would it take for the whole process for Belgium?
- If not, what do you suggest is the best course to get her back here and
home with me?
- About the adjustment of status, does it matter what my standing is with
the IRS or is the tax return simply used to provide proof of income? How
does the return effect the application?

I would wholeheartedly appreciate any advice or pointers on this. I
shouldn't have let this drag on and now my wife and I have to be apart.
Please help.

Thanks.

Joachim Feise

M.A. wrote on 7/23/2004 8:16:
    > She is now alone at her parents' house (they have moved here) and waiting
    > for a solution or course of action.

Do they have a GC?

    > - Do you think that it is a simple matter of applying for another visitor
    > visa at the Embassy to return so we can go ahead with the I-485?

Hmm, no. A visitor is *not* allowed to have immigration intent. Having an
I-130 and intending to file an I-485 means showing immigration intent.
So it is almost certain that the visa would be denied.
Why not go for Consular Processing?

    > - If that is not a good route, is it quickest to file I-129F and bring her
    > in as a fiancé and then do the adjustment once she is here?

You are already married, so she obviously can't get a fiancee visa.

-Joe

ian-mstm

There's just no substitute for accurate information up front!

Ian

Bluegrass Lass

1) No, she will be denied a visitor visa because she is married to a US citizen, and thus is seen as having immigration intent.

2) I'd say almost 100%

3) You cannot file the I-129f for a fiance because she is not your fiancee, she is your wife. You have one of two options: start the process for the K3 Spousal visa, or find out if Belgium allows Direct Consular Filing for non-Resident US citizens.

4) The whole process depends on how fast USCIS is processing K3 visas, and at this point in time, they are very slow, and it is taking around 6+ months (I think) to complete the process. So it wouldn't be a bad idea to research if Belgium allows DCF.

5) Answered above.

6) You will have to be in good standing with the IRS, so you need to file your back taxes for previous years. I do believe that most Consulates (and you will have to go through an overseas Consulate to get her back in) ask for tax returns/transcripts as proof of income stability. I could be wrong about this, so others are free to chime in.

Your best option is to research DCF, and if this isn't available, begin the K3 process to get her back into the US. This is not going to be fast or easy, so good luck. There is plenty of information on here and on www.visajourney.com for the immigration process.

inquisitive40

6) You will have to be in good standing with the IRS, so you need to file your back taxes for previous years. I do believe that most

I believe the above answer is correct BUT I think that the tax returns are more to prove your income, you may owe taxes etc and that really would not be an issue, as long as you have declared them.
An option here would be to file using pay stubs and a cover letter to show why you may not currently possess the paperwork of your back taxes.
Again you need to prove you have 125% of the poverty limit for where you live.
There is no easy way for your wife to return to the US, is a REAL pity you did not ask these questions when you got married. Did your lawyer not adivce you of what to do? Maybe you were worried about unpaid taxes and did not tell him?
As others have said K-3 is or DCF are your two choices here and both can take a while with the DCF normally being the quickest.
Patrick

Ap

In article <[email protected]>, member16206
@british_expats.com says...
    >
    > 1) No, she will be denied a visitor visa because she is married to a US
    > citizen, and thus is seen as having immigration intent.

Well...I dont know all the regulations ... and based on the NG postings
it seems that most ambasies deny visitors visa to the US citizen's spose
but I see a lot of situations that non_US spouse may seek possibility to
enter US WITHOUT immigration intent.



    > 2) I'd say
    > almost 100%

yeah... unfortunatelly that is my impression as well (see posting above)

    >
    > 3) You cannot file the I-129f for a fiance because she



AP

Maryanne Kehoe

    >snip


That is one thing I have always been curious about---is there an actual
limit to the amount of times someone can come in on visa waiver?

L D Jones

M.A. wrote:

    > Gentlemen/Ladies:
    >
    > I have a situation that requires some urgency. I was misinformed about the
    > process of applying for a green card for my wife. We got married 1 year ago.
    > She is a citizen of Belgium and I'm a US citizen. I live in Washington, DC.

Contact the US consulate in Belgium (assuming this is where you wife
is). Ask if they will accept the I-130 filed directly at the consulate.
Also determine whether there is any residence requirement for a US
citizen in Belgium to file directly. If you don't have to actually live
there and establish residency in order to file the immigrant visa
petition this may be the best way for your wife to get a US visa. Filing
the I-130 in the US will take quite some time.

Not all US consulates abroad will accept an I-130 petition filed
directly (the consulates themselves decide whether to do so) and many
that do require the US citizen to be resident (not just on tourist
status) in the country in order to file

M.A.

Thanks for answering Joachim.

Yes, her parents both have a GC.

I am not sure what you mean by consular processing.

I'm ready to file whatever is needed to get her back here as quickly as
possible. She would go nuts staying in Europe on her own for 6 months while
her I-130 is being processed.

The marriage was done in Europe. There is no record of this marriage here in
the US. Since I-129F processing is faster, I thought that this is the way to
go. The marriage will then been done here in the US as soon as she arrives
and then will go ahead and do the AOS here.

What is consular processing? What advantage does it provide and how long
would she have to wait before coming here?

I truly appreciate your help. I've been checking the newsgroup for answers
all day long and have been on the phone until my ear is sore to resolve
this.

Thanks.

"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > M.A. wrote on 7/23/2004 8:16:
    > > She is now alone at her parents' house (they have moved here) and
waiting
    > > for a solution or course of action.
    > Do they have a GC?
    > > - Do you think that it is a simple matter of applying for another
visitor
    > > visa at the Embassy to return so we can go ahead with the I-485?
    > Hmm, no. A visitor is *not* allowed to have immigration intent. Having an
    > I-130 and intending to file an I-485 means showing immigration intent.
    > So it is almost certain that the visa would be denied.
    > Why not go for Consular Processing?
    > > - If that is not a good route, is it quickest to file I-129F and bring
her
    > > in as a fiancé and then do the adjustment once she is here?
    > You are already married, so she obviously can't get a fiancee visa.
    > -Joe

M.A.

Based on my wife's experience: YES! They gave her a printout of every time
she came in and out of the country. They didn't used to keep track of that.
Now, airlines are required to report on departures when they collect the
I-94. She was told that she exceeded her time permitted to enter under a
visa waiver.


"maryanne kehoe" <[email protected]> wrote in message
news:[email protected]...
    > >snip
    > That is one thing I have always been curious about---is there an actual
    > limit to the amount of times someone can come in on visa waiver?

inquisitive40

Is totally down to the USCIS officer at POE, all you need is an officer on a bad day and he can prevent you from entering. As the small print says on the waiver application form, their decision is final. Some people get to enter and leave without any problems, others on their second visit are told they are abusing it.
Totally at the descreetion of the officer at POE,,, sucks BUT is the compromise for the luxury of entering the US without having to apply for a visa.
Patrick

L D Jones

maryanne kehoe wrote:

    >>snip
    >
    >
    >
    > That is one thing I have always been curious about---is there an actual
    > limit to the amount of times someone can come in on visa waiver?
    >
I've read that there is no documented limit but practically, of course,
there is

M.A.

I am not sure if it is relevant or not, but I want to make it clear that the
marriage paperwork was done in Europe at the local city hall. Hence, I don't
believe there is any record that we are married that can make it risky to
file the I-129F. I realize that this is not entirely "kosher" but I am
trying to get her here as soon as possible. This has been devastating this
early in our marriage.

I will go ahead and have her call the embassy to check for Direct Consular
Filing. This might get things going a little quicker. I remember that her
parents' GC's took on a few weeks when done at the embassy over there. My
sister-in-law is a USC who was in Europe at the time.

As far as the IRS situation, I can provide the tax return forms showing the
wages and taxes due as well as the associated W-2's etc. If the USCIS checks
for credit standing, then I'll have to get a joint sponsor to back me up.
There is an abundance of friends willing to help out.

Again, thanks so much for your input. Your replies are helping me calm down
and be more objective and focused. Your words are doing a lot to improve my
state of mind.


"M.A." <[email protected]> wrote in message
news:[email protected]...
    > Gentlemen/Ladies:
    > I have a situation that requires some urgency. I was misinformed about the
    > process of applying for a green card for my wife. We got married 1 year
ago.
    > She is a citizen of Belgium and I'm a US citizen. I live in Washington,
DC.
    > Once we got married in Europe, we came back to the US and saw an attorney
    > who was to help us with the process of getting a green card for her. One
of
    > the things he asked for was the tax returns of the 3 previous years.
Because
    > I have not paid taxes for the last 3 years (an issue that is now being
    > resolved with the IRS), I figured that we would not be able to apply for
the
    > green card. I didn't have the returns because I never filed them.
    > My wife has been coming in under the visa waiver program and has been
    > leaving promptly every 3 months and then coming back in within a couple of
    > weeks. It has not been a problem until yesterday when she was refused
entry
    > in Dulles and put on a plane back to Europe. She was told that she needed
to
    > apply for a regular visa at the Embassy and come back in; she couldn't
come
    > in under the visa waiver program again.
    > She is now alone at her parents' house (they have moved here) and waiting
    > for a solution or course of action.
    > I have the following questions:
    > - Do you think that it is a simple matter of applying for another visitor
    > visa at the Embassy to return so we can go ahead with the I-485?
    > - What are the chances that she will be refused the visa?
    > - If that is not a good route, is it quickest to file I-129F and bring her
    > in as a fiancé and then do the adjustment once she is here?
    > - If so, how long would it take for the whole process for Belgium?
    > - If not, what do you suggest is the best course to get her back here and
    > home with me?
    > - About the adjustment of status, does it matter what my standing is with
    > the IRS or is the tax return simply used to provide proof of income? How
    > does the return effect the application?
    > I would wholeheartedly appreciate any advice or pointers on this. I
    > shouldn't have let this drag on and now my wife and I have to be apart.
    > Please help.
    > Thanks.

M.A.

This information is as accurate as I can think of at the time. Is there
anything else you would like me to expand on, Ian? I would be happy to give
you what you need for your opinion on this matter.

Thanks for reply.


"ian-mstm" <member2954@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by M.A.
    > > I have a situation that
    > requires some urgency.
    > There's just no substitute for
    > accurate information up front!
    > Ian
    > --
    > Posted via http://britishexpats.com

M.A.

Can you elaborate on how a non_US spouse my enter without immigrant intent?


"AP" <[email protected]> wrote in message
news:[email protected]...
    > In article <[email protected]>, member16206
    > @british_expats.com says...
    > >
    > > 1) No, she will be denied a visitor visa because she is married to a US
    > > citizen, and thus is seen as having immigration intent.
    > Well...I dont know all the regulations ... and based on the NG postings
    > it seems that most ambasies deny visitors visa to the US citizen's spose
    > but I see a lot of situations that non_US spouse may seek possibility to
    > enter US WITHOUT immigration intent.
    > > 2) I'd say
    > > almost 100%
    > yeah... unfortunatelly that is my impression as well (see posting above)
    > >
    > > 3) You cannot file the I-129f for a fiance because she
    > AP