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HELP!!! with GC for expat's wife in MX

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  • HELP!!! with GC for expat's wife in MX

    I am an Expat on a temporary assignment in Mexico. My wife is a Mexican national and we recently had her GC appointment. To make a long story short, her GC was rejected because I don't have a residense in the US. I wasn't aware of this requirement as it isn't stated on teh I-130 or I-864 that I had to fill out. Apart from the denial of the GC, they took her Laser Visa so she is no longer able to enter into the US. We have two children and my entire family lives in the US so we travel to the US frequently. Can anyone tell me what my options are so my wife can enter into the US while we are living in Mexico??? HELP PLEASE!!!

  • #2
    I am an Expat on a temporary assignment in Mexico. My wife is a Mexican national and we recently had her GC appointment. To make a long story short, her GC was rejected because I don't have a residense in the US. I wasn't aware of this requirement as it isn't stated on teh I-130 or I-864 that I had to fill out. Apart from the denial of the GC, they took her Laser Visa so she is no longer able to enter into the US. We have two children and my entire family lives in the US so we travel to the US frequently. Can anyone tell me what my options are so my wife can enter into the US while we are living in Mexico??? HELP PLEASE!!!

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    • #3
      I really feel for you. It is downright cruel not to give your wife a greencard, especially since you have done everything legally!!! It makes me steaming mad just to hear about it. I'm definately no expert, but from what I've heard, it will actually be harder for your wife to get any kind of a visa to enter the United States because she has obvious "immigrant intent." The current immigration system punishes people for marrying foreigners, expecially Mexican ones.
      Have a nice day

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      • #4
        go get a residence in the US, then RE-FILE.

        -= nav =-

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        • #5
          From your post it sounds like YOU filed I-130 etc. on her behalf. How is that possible without at least having a GC?! It's CLEARLY stated in the I-130 instructions that this form can only be filed by GC holders or USC.

          Also, how did you travel to the US? On a visitor visa, border pass?

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          • #6
            I am a US citizen on a temporary foreign assignment in Mexico. I lived in the US for 25 years before I took this assignment.

            I don't know when I will be leaving nor where I will be leaving to so it is kind of hard to get a residence in the US. I could just buy a house in my home town but don't you think they will investigate and find out that I don't really live there?

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            • #7
              The formal definition of an expat is not just the physical moving away from your native country but also a formal renounciation of your allegiance to the U.S. and our Constitutuion! Did you do any of this? How about filing U.S. taxes for income earned abbroad? This is your obligation as a U.S. citizen as well! If any of the above applies to you, you may not have the legal right to sponser a foreign national into the U.S. Check with a good immigration and nationality attorney!

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              • #8
                think about it.

                how cna you make her a resident of a country even YOU are not residing in?

                you have to show up for interviews in the us, show us utility, loans, etc. bills to prove bona fide marraige, have an address to adequately responde to letters they send, show up for fingerprinting.

                kinda hard to do all that if both of you live in a foreign country.

                When you decide to move back -- then file for her.

                -= nav =-

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                • #9
                  I have filed US tax returns since I came to Mexico. I had a letter from my company stating the I am in Mexico temporary. We had our appointmnet at the US consulate in Ciudad Juarez. It also states on the I-130 that if you are residing abroad, you must file your I-130 at the local consulate. That is what I did.

                  I applied for here GC because I don't know how long I will be here and if my company tells me tomorrow that I have to leave, her immigration stuff would already be taken care of. I was trying to be proactive.

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                  • #10
                    Well, I don't know, in your first post, you were claiming to be an expat. If you're on a temp leave, that is not an expat! Being determined an expat by the U.S. government, has severe legal consequences not only in regard to sponsorship of a foreign national but also in your attempt to return to your birth country. Legal actions in regard to national security could and are being brought up against U.S. citizen all the time. Like I suggested to you, you should consult an attorney!

                    Cut to the chase: without a residency or strong U.S. ties, and unless you were working abbroad for an American company (preferably Haliburton ;-) or the U.S. government you will naturally have more difficulty sponsoring your spouse back to the U.S.

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                    • #11
                      I guess I used the "expat" incorrectly. I am on a temporary leave from the US. I do work for an American Company, I am paid from our corporate headquarters in the US, file US tax returns, hold all my assets in the US and had a letter from my company stating that I am in MExico temporarily and when I complete my assignment I will be returning to the US. I have contacted an attorney but I haven't heard anything yet. I didn't have any references for an immigration lawyer so I picked one I found on the internet. Hopefully he is the right choice.

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                      • #12
                        One other thing...

                        What about the possibility of getting my wife's Laser Visa back so we can at least travel into the US. Is that going to be virtually impossible?

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                        • #13
                          you're confusing even us. Imagine how much you're confusing the INS.

                          Sometimes you say you're here temporarily.

                          Sometimes you say you have no residence back in the US and have no immediate plans on going back.

                          Which is it?

                          Think about it: They say fine, here's her gc. You never go back. She never enters the US. Then 3 years later, she shows up at the border requesting citizenship. Kinda silly don't u think?

                          They will NOT give her a residency until they are SURE she is actually going to come and BE a resident. You "living" there doesn't convince them of that.

                          -= nav =-

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                          • #14
                            You guys need to cut expatmexico a little slack.

                            The term "expat" is used in a colloquial sense to convey that a non-citizen is working in a country other than the one they are a citizen of. Hence, the use of the term "BritishExpats" to describe one of the internet's largest immigration forums. Certainly, Brits that move to the U.S. are not renouncing their British Citizenship before calling themselves expats. It's a common term among people that work in other countries. In Hong Kong, all of us people from the U.S., Canada, Britain, etc referred to ourselves as expats. It had nothing to do with any intent to renounce our citizenship. In fact, none of us were seeking citizenship in Hong Kong, we were working there as foreign workers for some of the big investment firms. I think we are getting a little too pedantic for our own good. Let's try to help expatmexico rather than giving him a hard time.

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                            • #15
                              I can't believe that I agree with EKO on something. Expat is working for US company in another country for an extended time. He decided he didn't need to maintain a residence. BUT, his family lives there. It makes perfect sense to me why he would want to get his wife's status adjusted. Who wants to fool with visa's, etc. and even possibly being turned away at the POE when she is married to a citizen. There may be other reasons also. I have no idea how it affects benefits that she might be entitled to from his company or other legal reasons. Apparently he has every intention of returning to live in the US at some point. It doesn't appear that he is wanting to become a NON-citizen. That's how it looks to me. Why is anyone giving him a hard time???????

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