I am working in Saudi Arabia and that is where my wife will be living also. Will they take her green card when she travels with me to Saudi Arabia? Would it not be more correct to have a visitor visa?
Question
Allan, I am working in Saudi Arabia and that is where my wife will be living also. It is my understanding that if she is not living permanently in the United States and she has a Green Card then they will take her card when she travels with me to Saudi Arabia. Would it not be more correct to have a 10 year visitor visa issued for her before departing to Saudi Arabia; so that, she would not have a problem traveling with me to the United States? When we decide to live in the United States permanently have a Green Card issued to her 6 months before? Thanks.
Answer
David, Since you both will reside in Saudi Arabia, yes it can make sense to apply for a visitor visa for her and then a spousal visa when you are ready for her to immigrate to the U.S. However, a visitor visa is unstable. A green card is a more secure entry document. I would choose a green card first. If confiscated, then she becomes a good candidate for a B visitor visa.
Every time your wife enters the U.S. on a visitor visa, she must convince a border agent her purpose is to visit only. Given marriage to a U.S. citizen, there is an inherent risk that she may overstay her welcome as a visitor and try to obtain a green card stateside based on your marriage. A visitor visa is for visiting only.
By comparison, the green card requires that she maintain primary residence in the U.S. If we obtain the green card now, it is possible it can be taken away from her at some point. However, that event should not happen for a number of years. If her green card is confiscated, then her chances of traveling on a B visitor visa increases: She had a green card and had the chance to make the U.S. her home, but she did not immigrate. She truly is a visitor only.
To maintain a green card, she must maintain primary residence in the U.S. and also not be outside the U.S. for more than one year at a time without a reentry permit. So long as she travels to the U.S. at least once per year, it can take several years for an immigration border agent to conclude she does not maintain primary residence in the U.S. Basically, she can travel as a visitor using the green card for a number of years and this is more stable than traveling on a B visitor visa. It is harder for a border agent to confiscate a green card than to confiscate a B visitor visa. I had a friend visit the U.S. once per year for 10 years before his green card was confiscated.
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could a tnt marries a permanent resident in the usa so he can aquire legal status to stay in the US for a longer years , but he is married from his country of origin. he will marry for the purpose of getting his legality in staying in the US.
Percy, Thanks. That’s illegal and eventually he will be deported if what you are saying is true. Anyone can report him to immigration services and this will open a fraud investigation. There is another thing happening worldwide right now. Government agencies are sharing information more and more via data base. Eventually, records of over overseas marriages will reveal themselves between governments and those who try to hide an overseas marriage will get caught at some point and this will eventually lead to cancellation of all U.S. immigration privileges. Allan
Hi, I was living abroad, and met my wife while away from the US the majority of the past 8 years. She’s from Latvia, where I was living part of the time.
I didn’t work much for the past 8 years, and never filed tax returns because I was so far under the limit for filing. I worked for a basketball team and most of what I got was in trade- I was given a place to stay and a food card to eat. I lived for next to nothing, so didn’t need much.
We married in 2010, but have a son born in 2008. My wife was a pro basketball player and we lived on what she made and I stayed home with our son while she traveled with her team. We recently came back to the USA, and she wanted to stop playing and live here so our son can start school here. He has a USA passport and was born here as well. My wife has a 10 year tourist visa, but now we need to file for a green card. Her 6 months was up in May.
I need to know what I can do to deal with the sponsors financial obligations. Can I use a co-sponsor? I have no tax returns and am not working yet, but plan to- although my job may be to train basketball players in Europe where I’d fly in and train them for 2 weeks and get back to my family and stay in the US for a month or 2 between the trips to Europe.
Any suggestions? I’ve read your blogs, you’re a wealth of knowledge and I know hiring you would probably ease our minds immensely. Thanks! Doug.
Doug, Yes, financial cosponsor is a good option if you have one who will qualify. Your wife is now unlawfully present in the US for about 6 months it seems, so penalties can start to accrue. It’s important not to remain unlawfully present if it can be avoided. I understand if you’ve had difficulty finding a cosponsor.
I would be glad to help with immigration processing if interested. Can you please contact me to discuss? My contact information should be on this blog. I hope to hear from you. Kind regards, Allan