Visa options E3 - Green card through marriage to Permanent Resident?
Oct 23rd 2014, 10:39 pm
#46
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
I just want to say thank you so much to all of you who have given me information and advice. Things seem at least a little clearer now.
Fiancé and I will have a talk and have a look into some legal advice. Anyone happen to know of anyone good in the Seattle area? (I always prefer a recommendation over a search result,
)
Fiancé and I will have a talk and have a look into some legal advice. Anyone happen to know of anyone good in the Seattle area? (I always prefer a recommendation over a search result,
)
Oct 23rd 2014, 11:11 pm
#47
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
Gibbs Huston Pauw are really really good. DHS is scared of them IMHO. I think the two Bobs are really great.
Oct 23rd 2014, 11:18 pm
#48
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
Thank you, S Folinsky! I will have a look at their website now.
Oct 24th 2014, 11:31 pm
#49
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
ok how about this -
person enters U.S on VWP - gets married - files for AOS - Gets approved. lives in us as permanent resident for 5 years ( gets divorced after 3) then leaves u.s to country of origin for family reasons for 2 years. Residency considered abandoned. Applies for residency to be re-instated and is approved. Then moves back to U.S
If that person then marries someone, who is in the U.S on a visa waiver, but whom they met while in country of origin for 2 years, do you think the person on VWP would be denied based on the fact that the green card holder was originally given residency based off marriage to a U.S citizen while on VWP?
person enters U.S on VWP - gets married - files for AOS - Gets approved. lives in us as permanent resident for 5 years ( gets divorced after 3) then leaves u.s to country of origin for family reasons for 2 years. Residency considered abandoned. Applies for residency to be re-instated and is approved. Then moves back to U.S
If that person then marries someone, who is in the U.S on a visa waiver, but whom they met while in country of origin for 2 years, do you think the person on VWP would be denied based on the fact that the green card holder was originally given residency based off marriage to a U.S citizen while on VWP?
In your scenario above, the LPR would have to first file an I-130, and then when that priority date becomes current (in about a year or more), then if the VWP visitor is still in the USA (which they shouldn't be!) then an AOS can be filed.
Rene
Oct 26th 2014, 11:08 pm
#50
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
Thanks Rene. I thought that one was a long shot. I didn't realise though that the wait time is different from USC spouses to LPR spouses. and I thought maybe they would be covered "under the colour of the law" or something. Either way, I've ruled that out as an option.
Me retaining my residency, and him entering on E3 seems to be the "safest" bet at this time. Do you think that is a viable option? and then adjust his status based off marriage to me? I am going to consult with an IL before doing anything but this is the path I am thinking may give us the best chance?
Me retaining my residency, and him entering on E3 seems to be the "safest" bet at this time. Do you think that is a viable option? and then adjust his status based off marriage to me? I am going to consult with an IL before doing anything but this is the path I am thinking may give us the best chance?
Oct 26th 2014, 11:25 pm
#51
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
It may be the best route. Or not.
Just look at what you have posted here which all we have. I doubt if it is complete.
Just look at what you have posted here which all we have. I doubt if it is complete.
Oct 26th 2014, 11:33 pm
#52
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
Boiler, I don't understand what you mean by " I doubt if it is complete" ?
Oct 26th 2014, 11:57 pm
#53
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
Good luck on the GC
Oct 27th 2014, 12:19 am
#54
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
I'm not familiar enough with the E-3 visa to say how well that would work, except to say that he would need to be able to stay in the USA long enough for his priority date to become current in order to file AOS.
Rene
Rene
Oct 27th 2014, 12:42 am
#55
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
Ian
Oct 27th 2014, 1:06 am
#56
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
Exactly. And most of us are not Lawyers.
There may be one or more nuggets that could make all the difference.
There may be one or more nuggets that could make all the difference.
Oct 27th 2014, 2:36 am
#57
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
E3 is renewable each 2 years indefinitely. I've been here 8 yrs on mine. Hopefully if she retained LPR status and they filed for AOS, she could then upgrade it when eligible for citizenship.
Oct 27th 2014, 2:44 am
#58
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
I agree, although with the amount of time she's been outside the USA, she probably won't be eligible for citizenship for quite a while. In sure his priority date would come up before she's able to naturalize.
Rene
Rene
Oct 27th 2014, 10:21 am
#59
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
There have been people on BE that have left the US for 2 or more years several times over a 10 year period and each time they came to the PO, they were waved through and they didn't realize that they shouldn't do that until someone on BE told them.
Just because you didn't file for a re-entry permit and stayed outside the US for more than a year doesn't mean that you will have problems at the PO and if you are waved through, everything should be fine from then on.
Just because you didn't file for a re-entry permit and stayed outside the US for more than a year doesn't mean that you will have problems at the PO and if you are waved through, everything should be fine from then on.
Oct 28th 2014, 4:42 am
#60
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Re: Visa options E3 - Green card through marriage to Permanent Resident?
Also just thought - have you been filing US tax returns while you're gone? I believe that can help show that you intended to return.
