I know a widower in Middle east getting ready to Marry a widow in Pakistan, she has a greencard and eventually they want to move to US.
questions:
he asked me if I knew what would his visa status be when he gets married, does he get immigration right away and has to leave his job in UAE and move to US right away or does it take time, and how long. and even if he gets immigration, does he need to move right away, or could he continue working in dubai and make trips to US to maintain his status.
second question was about the children, what happens to their visa status here. how soon would they become residents, what the process is etc.
I have no clue so thought I would start asking around.
She has to be a citizen before she can apply for his change of status. I think on green card she cant apply or that it takes a long long time...I think she cant as there was a provision in the late 90's but that has changed.
And for her to be a citizen , it is 5 years of stay in USA.
Thanks ask99, thats what I was thinkign too but did not know for sure. when us ay long time for a greencard holders spouse to get immigration, what are we talking generally, few years? and what is the process for kids, does he then sponsor them, and that takes some time too?
I believe with a green card she can sponsor her spouse and kids (only), which would take a few years. To sponsor anyone else you need to be a citizen, e.g. parents, siblings etc. To maintain a green card status you have to visit the US once a year/6mths (not 100%).
As for the kids, it would depend on how old they are. If they are under 18 its higher priority, if over 21 its different, and if married even more so.
I believe with a green card she can sponsor her spouse and kids (only), which would take a few years. To sponsor anyone else you need to be a citizen, e.g. parents, siblings etc. To maintain a green card status you have to visit the US once a year/6mths (not 100%).
As for the kids, it would depend on how old they are. If they are under 18 its higher priority, if over 21 its different, and if married even more so.
Update: If you are planning to leave for more than 6 months (up to two years) you can apply for a Re-Entry Permit. If you are planning to leave for a much longer period, then you are at serious risk of losing your green card. Any travel abroad has to TEMPORARY in nature, and you must be able to prove continuing links to your life in the USA (mortgage, credit cards, family, etc.)
Disclaimer: I am a layman, not a lawyer. My opinions are not official or professional legal advice.
tofi haha thanks mon, i know u are not a lawyer,. and I am justgetting ppl's info, and sites, resources they can point me to.
The gentleman has 3 kids ranging in age from 11 to 19, all are single.
I think the specific dilemma he is facing is, that he himself does nto want to move right away because he has a decent job in dubai and all, but he wants his kids to go to US for education, be eligible for grants, scholarships, being able to work or even get instate tuition.
I think they are looking for a situation where the kids go to US for education, and he delayshismove to US as much as he can. I think.
The wife must get her citizenship first before she can sponsor the husband for permanent residency. To get the citizenship/pasport the wife must spend the required amount of time in USA.
Green card often becomes a hassle in this particular scenario because the holder is not in a position to sponsor anyone and thus the spouse always have to get his/her own visa to come to US. There are some loopholes but I dont think they will work in the case which you presented.
Right now to get a decision (approval or denial) from USCIS for I-130 (Petition for Alien married to a LPR) is taking almost two years. After that all the yada yada yada processing and paperwork will take anywhere from two to three years.
I am quite sure taht the step-children can also apply for immigration to the US along with the alien parent married to the LPR or US citizen if they are under the age of 18 when the step parent relationship was created.
However, there would be a huge difference in the processing time (usually it takes less than an year to get immigrated to the US, and there are other options like fiance visa etc.) if the wife files the petition after getting her US citizenship. But, for the citizenship, as Ask99 said, she should live in the US for 5 consecutive years, with the visit to her country for no more than one, three or six consecutive months at a time...... I am not really sure about the exact number of months here...
I also believe that the guy has to go back to Pakistan to get his visa, once approved, if he is a Pakistani national.
PS: If there are more than two years for the wife to get her US citizenship then they should start the paperwork as soon as they get married as the decision on I-130 alone, which would be needed either way, takes around two years...less for US citizens..... so by the time the wife would be applying for the guy based on her citizenship she would at least have her I-130 approval on hand which will cut down any further time that their case might take for getting the petition approved.
I think they are looking for a situation where the kids go to US for education, and he delayshismove to US as much as he can. I think.
If the gentleman wants his children to come to USA for studies, should get green card before kids turn 21, after that a greencard holding parent cannot have adult children over 21 even come over for studies......:(
Conservative girl, sindsagar and fkhan. thank you
I did get all of what you are saying and it sounds right. I will look at the websiteand immigfration site also and let him know of diff things I have heard. maybe his eldest will not get the benefits of residency while in uni but the younger ones would.