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Results 1 to 8 of 8

Thread: HELP!!!!!!!!!!!!!!!!!!!!!husband is on 1-94 what to do.......he is missed deeply.

  1. #1
    HI ALL,
    Irecently got married to my bf of a few years. I am a USC and he is a national from my home country in Jamaica. Anyways, we have always visited each other, and after 2 years I proposed he accepted, but instead of waiting we got married at the city clerks' office. He is currently back home and we were planning on visiting each other for the time being (every few months-but I am missing him). However I would really like for him to come and live, he does not want to be a citizen, just a permanent resident. I am at a standstill because I do not now what to do next.
    I would appreciate it if someone could help me out, I was told that I could wait until he returns in a few months and while he is here legally (b1/b2) I should file I-130 and change of status.
    I am scared though because I think we went about it wrong.
    Please assist me, I would really like to know what to do.

  2. #2
    HI ALL,
    Irecently got married to my bf of a few years. I am a USC and he is a national from my home country in Jamaica. Anyways, we have always visited each other, and after 2 years I proposed he accepted, but instead of waiting we got married at the city clerks' office. He is currently back home and we were planning on visiting each other for the time being (every few months-but I am missing him). However I would really like for him to come and live, he does not want to be a citizen, just a permanent resident. I am at a standstill because I do not now what to do next.
    I would appreciate it if someone could help me out, I was told that I could wait until he returns in a few months and while he is here legally (b1/b2) I should file I-130 and change of status.
    I am scared though because I think we went about it wrong.
    Please assist me, I would really like to know what to do.

  3. #3
    Visitors visas are only given to individuals who do NOT have an intent to immigrate. Since your husband is married to a U.S. citizen he most likely will be denied the B1/B2 visa. Unless of course he lies to the consular officer in which case he is in even worse trouble.

    You will have to start the green card process with him outside of the U.S. He can then enter on green card when it is approved through consular notification. In the mean time you should visit him not vice versa

  4. #4
    Thank you for your comment, he already has his visa, is that a problem?
    I know of people who have come here on b1/b2 and stayed in the country, they are the ones informing me that it is ok for him to come here and stay and then I file for change of status. I just called the immigration hotline and they told me that if his I-94 is valid he is here legally and then I can file I130 fo rhim. This is confusing!!!!!!!!

  5. #5
    Yes it is confusing BUT it is important you understand the fine distinctions. The I-94 is an "arrival/departure record". It is given to individuals entering the country and is supposed to be surrendered when one exits the country.

    Immigration was correct when the indicated he could file for PR IF he has a valid I-94. The meaning behind this statement is that he entered the country as a visitor AND he told the immigration officer at the consulate and/or port of entry what is intention were while in the U.S.

    Your husband however is outside of the U.S. and thus does not have a valid I-94. Even though he has a valid visa he still must obtain an I-94 when entering. This is the tricky part: If he enters as a visitor BUT has the intention of filing for PR upon entering he is commiting visa fraud as he is entering fraudulantly. In order to enter legally he must disclose to the border official that he comming to the U.S. to visit his U.S. citizen wife, in which case he will be denied entry.

    I am sure other people will tell you "oh, just tell him to enter on the visitor visa they will never know..." they might not. BUT what if they do and they subsequently deny the PR application? You will wind up spending a lot more money than you thought to get it all straightend out.

    I say it is best if YOU visit him in his country until the green card is approved.

  6. #6
    Thank you for your comment Sugarpuff. I will begin the process in February.
    One other question: once i putin the form (I-130) is it ok for me to travel. That should not have an effect on me, right.

  7. #7
    Not at all if you are a USC.

    Happy happy

  8. #8
    Thank you so much, your comments have really helped a lot.

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