ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

fiance band from us and now i am getting my Green Card, HELP

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
matinuk2
- thin ice -
Posts: 57
Joined: Mon Apr 06, 2009 1:14 pm

fiance band from us and now i am getting my Green Card, HELP

Post by matinuk2 » Wed Aug 25, 2010 10:20 am

Hi
thanks for reading and i would really appreciate the advise.
me and my fiance are both British, she is crazy about living in us, she entered us with waiver visa about 1.5 or 2 years ago and got married to someone just to get her green card, but the guy just wasted her time and did not file any paperwork, anyway she was caught by immigration and voluntarily left the country with her own expense, she was to us embassy in london and they told her that she has 3 years banned and after that she has to apply for a visa and no longer she can use waiver visa.
also she is legally separated from the guy in us.

Now my question is:
i am in health care and my specialty is greatly needed in us and the employers are applying for my Green card before i even go there, beside because i am dual national i can also apply trough lottery which is extra chance, my question is if we get married in uk before i even apply for a job in us can my current fiance(then wife) be able to enter us same time as me if i get green card? or does she has to stay behind as her application will take longer?
is there any discretionary cases that because we are a family and assuming i getting my green card before moving to us she can get hers too base on being my wife?

Many thanks for your time and advise

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Re: fiance band from us and now i am getting my Green Card,

Post by Marco 72 » Wed Aug 25, 2010 12:11 pm

matinuk2 wrote: me and my fiance are both British, she is crazy about living in us, she entered us with waiver visa about 1.5 or 2 years ago and got married to someone just to get her green card, but the guy just wasted her time and did not file any paperwork, anyway she was caught by immigration and voluntarily left the country with her own expense, she was to us embassy in london and they told her that she has 3 years banned and after that she has to apply for a visa and no longer she can use waiver visa.
also she is legally separated from the guy in us.

Now my question is:
i am in health care and my specialty is greatly needed in us and the employers are applying for my Green card before i even go there, beside because i am dual national i can also apply trough lottery which is extra chance, my question is if we get married in uk before i even apply for a job in us can my current fiance(then wife) be able to enter us same time as me if i get green card? or does she has to stay behind as her application will take longer?
is there any discretionary cases that because we are a family and assuming i getting my green card before moving to us she can get hers too base on being my wife?
I assume what you mean is that your prospective employers have petitioned for an employment based immigrant visa for you - is that correct?

If your fiancee has a 3 year ban then she will have to sit out the ban, there are no alternatives. Even without the ban, you would have to be married in order for both of you to get green cards on arrival. If you marry after you have your green card, you'll have to wait until a visa number becomes available for her (this is all assuming that you are of different genders). By the way, she needs to be divorced (not just separated) before you can marry.

Finally, if US immigration ever learned that your fiancee married someone "just to get her green card", she could be subject to a permanent ban.

matinuk2
- thin ice -
Posts: 57
Joined: Mon Apr 06, 2009 1:14 pm

Hi

Post by matinuk2 » Wed Aug 25, 2010 1:03 pm

Thanks for your reply Marco 72

in regard to your questions i have to say yes i meant when the future employer petitioned for my immigration visa.

in respond to your other question i have to say, yes we are from opposite sexes.
she is divorced and we are looking to marry and not for a visa but as we are in love, as for her being married for visa, i don't have any excuse for her action, as in my opinion it was a stupid mistake she made which it cost her dearly, and we will do everything to make it right.

here i have another question, does the 3 years ban start from the date she left us voluntarily? or from when she applies for us visa again?

thanks again for your quick respond.

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Re: Hi

Post by Marco 72 » Wed Aug 25, 2010 10:23 pm

The 3 years start from the date she left the US. By the way, how long did your fiancee actually stay in the US, when she overstayed? I am just wondering if the US Embassy did the calculation correctly, about the 3 year ban.

Locked