Green Card

[Sohkay]

Has anyone here had experience with obtaining a green card for a Ukraine citizen and then having them enter the country? Is this possible?

Thanks in advance.

[jb]

Has anyone here had experience with obtaining a green card for a Ukraine citizen and then having them enter the country? Is this possible?

Thanks in advance.

This would be the normal way it would go if you marry in Ukraine and do the I-130, DCF at the Embasy in her country.

[BC]

Actually a good question..

When we applied for a tourist visa the consular officer asked why we just did not apply for a GC..

Wifey told him we didn't really need one since we're living here permanently..

Maybe trick question?

Would a DCF (over 2 yr marriage so no conditional status), quick trip back to the US and a US mailing address work?

[jb]

BC

Over 2 years married is automatic Permanent GC,  but I'm sure you still have to file the I-130 with the nearest US Embassy since you are an ex-pat, although if they wanted to be jerks about it, they might make you file through the US Embassy in Moscow, (her home country).  But it shouldn't be a big deal, they'd prolly approve it the same day and she'd get her GC within a month or 6 weeks.  The same thing would apply to the kiddos.

[BC]

jb,

Thanks for the note.. Don't believe filing here would be a problem since the CO suggested it.. Might have to give it a shot next time 'round.

Thought they would issue a visa, we would have to go back to the US with the brown envelope and do other things from there until the GC arrived.

A GC in our mailbox here is inticing but I really don't know what kind of long term problems might pop up.

I guess we're one of those 'grey area' cases looking for a maglite..

Luckily time is on our side..

[Sohkay]

The nature of my question is this...K-1 and K-3 are both running about 7 months now. Is there a way to get a green card and shorten the wait time, also, I might add, and not put us under the 90 day marriage restriction in the case of a K-1.

[jb]

Actually, BC, since you are already married over 2 years, your wife is not technically eligible for a visa, nor should she need one.  She can travel on a I-131 Advance Parole, or a GC.  A spouse of a US citizen has the right to move freely between the USA and her home country.  The waters may be muddied somewhat because you are living in a third country, but I don't see an insurmountable problem here.  As long as Italy recognizes the GC and she is up to date with her visa stamps in Italy she ought to be treated pretty much the same as you are.  Italy is the one odd duck in the pen, Italy has some strange rules regarding immigrant paperwork.  In this regard they are almost as arrogant as the French.  All those folks arriving here weren't called WOPs (With Out Papers) for nothing, you know.

My very simple, and non-legal, advice to you would be to get her a GC ASAP, and then after the required amount of time (2 years and 9 months), apply for US Citizenship.  Of course, the child is eligible for US citizenship immediately.  You really ought to get the kid a blue passport straight away.   In the unfortunate event that something happened to you, your wife would have an anchor baby for whatever US benefits were due her as a spouse of a US citizen. Social Security, retirements payouts, IRAs, bank savings accounts, etc.,,,, whatever you might have coming at age 65.   Maybe you need a lawyer more than you think you do. 

[jb]

The nature of my question is this...K-1 and K-3 are both running about 7 months now. Is there a way to get a green card and shorten the wait time, also, I might add, and not put us under the 90 day marriage restriction in the case of a K-1.

NO~!

[BC]

My very simple, and non-legal, advice to you would be to get her a GC ASAP, and then after the required amount of time (2 years and 9 months), apply for US Citizenship.  Of course, the child is eligible for US citizenship immediately.  You really ought to get the kid a blue passport straight away.   In the unfortunate event that something happened to you, your wife would have an anchor baby for whatever US benefits were due her as a spouse of a US citizen. Social Security, retirements payouts, IRAs, bank savings accounts, etc.,,,, whatever you might have coming at age 65.   Maybe you need a lawyer more than you think you do. 

jb,

Yes, indeed quite a lot to think about..  Our little one does have his 'true blue' passport along with a red EU  from Ireland so that's all in order both sides of the big pond.  I guess it's time to start 'hitting the books'..  Just one last question for tonight.. isn't residency in the US a requirement for citizenship?

[BC]

As long as Italy recognizes the GC and she is up to date with her visa stamps in Italy she ought to be treated pretty much the same as you are.  Italy is the one odd duck in the pen, Italy has some strange rules regarding immigrant paperwork.  In this regard they are almost as arrogant as the French.  All those folks arriving here weren't called WOPs (With Out Papers) for nothing, you know.

US GC would be a non-issue here in IT since she already has permanent resident status via my EU passport.  I found immigration for my wife quite easy even though at the time I was registered and applied as a non EU citizen using my US passport.  I did not even have real 'permanent resident' status myself..  Maybe here in the south they're more easygoing LOL.  The only 'wierdness' I have found is that Italy still does not allow dual citizenship in most cases.

[jb]

Hummmmm,,, you are sending me back to the books here.....

I wasn't aware that you were also a citizen of Ireland, that certainly throws a wrench in the old gear box.   I thought you were simply a US Citizen on ex-pat status in Italy.  Frankly, I have zero information on Ireland's laws, one way or the other.

You are a complicated monkey, that's for sure.  (Although a likable one)

[Maxx2]

Frankly, I have zero information on Ireland's laws, one way or the other.

My info on Irish law pertains to my subject, divorce. It takes 6 years to get a divorce in Ireland and the women have a right to the house during that time even it is in the husband's name and is pre marital property. I have heard that a few men have resorted to fishing boat accidents to solve their problems. One guy I am in contact found out his wife was sending love letters complete with nudie photos of herself to her Arab boy friend. This was 2 days after she arrived in Ireland (No fiancee visas there). He has proof of this the but the Irish INS will do nothing (there's got to be a global conspiracy in regard to this issue). This mail was in her Sent files that he got the password to from a keylogger he installed. I was giving him all sorts of defence advice to avoid the false DV like using his mom or aunt as an alibi and witness . His wife was going through fits according to her e-mails to her Ukrainian conspirator woman friend. He finally got an annulment in Ukraine but as of yet Ireland does not recognize it. 

Maxx

[BC]

Hummmmm,,, you are sending me back to the books here.....

I wasn't aware that you were also a citizen of Ireland, that certainly throws a wrench in the old gear box.   I thought you were simply a US Citizen on ex-pat status in Italy.  Frankly, I have zero information on Ireland's laws, one way or the other.

You are a complicated monkey, that's for sure.  (Although a likable one)

Yeah, that's what the immigration folks here say too.. they always smile when we pop our heads in the door, sorta like 'ok.. what you going to hit us with now??'.. or a friendly 'Comeon.. make my day!'    Really, they have been more than friendly and supportive. Maybe we are an interesting diversion from their normally mundane workload. 

Acquisition of Irish citizenship was only a recent development thanks to my long-gone Grandfather, born there shortly before emigrating to the US.  Simply makes things a lot easier for us EU wise.  I doubt this would affect any efforts for a GC though.

In any case I apologize to Sohkay for stealing away with his thread..

jb, thanks again for the helpful insight and ideas.  Since this is getting so unique I will probably hit you up  off board for further thoughts..  From the ex-pat angle could probably make a good FAQ down the road.

[SANDRO43]

Acquisition of Irish citizenship was only a recent development thanks to my long-gone Grandfather, born there shortly before emigrating to the US. Simply makes things a lot easier for us EU wise.  I doubt this would affect any efforts for a GC though.

Aha, caught you, you Irish cheat !

I'm quite happy with the .5 Italian though

Peg that down to .3
OK, make that .33, in consideration of our similar flags and other affinities .

[jb]

In any case I apologize to Sohkay for stealing away with his thread..

The title of the thread is "Green Card", and that's exactly what we've been discussing, nothing off-topic here.  Although.............

The nature of my question is this...K-1 and K-3 are both running about 7 months now. Is there a way to get a green card and shorten the wait time, also, I might add, and not put us under the 90 day marriage restriction in the case of a K-1.

Reading this tells me that Sohkay is looking for a *Magic Bullet* to gain instant immigration for his g/f.  I need to disabuse him of this notion and I can't even think of a way to explain it. 

Lets try this, GC (Green Cards) are for people already married to US citizens.  Never for g/fs or fiancees. Your spouse won't get one until long after she has made the trip using either a K-1 or  K-3 visa.  If she's a K-1'er, she will receive a conditional GC (good for 2 years)  after she undergoes the AOS (Adjustment of Status) process.  After 2 years married you must file another form to get the "conditions" removed and she will then get her Permanent GC (good for 10 years).  If you marry in her country then she would arrive on a K-3 visa (good for 2 years), this allows you enough time to delay filing for the AOS so that you will be past the 2nd wedding anniversary before the GC interview so you skip the "Conditional" GC and go directly to the Permanent.

A third scenario is this; get married in Ukraine and file DCF (Direct Consular Filing) at the Embassy in Kiev.  Using this method she would eventually travel on an approved I-130 and be fast tracked towards the GC.  I think AJ did this and it still took several months for her to arrive.

The thing you are attempting to avoid is the 6-8 month delay, and I'm afraid, post 9-11-01, there is nothing anyone can do to speed up the process since most of the delay can be attributed to the length of time it takes the authorities to investigate your g/f's background to ensure no one who might be a immigration risk slips through the cracks.

I hope this answers some of your questions.

[Bruno]

Although............. Reading this tells me that Sohkay is looking for a *Magic Bullet* to gain instant immigration for his g/f.  I need to disabuse him of this notion and I can't even think of a way to explain it. 

These *Magic Bullet* exist... but the problem is the magical part... the chance that it hit the Sohkay Ukrainian girlfriend is very low...

Ukraine ( not Russia ) is a qualify country for the United States Green card lottery of 2007... But winning the chance to "win" these lottery is maybe lower that usual lottery

Education level is a main factor for participate !!! A Ukrainian woman with a high education level like the JB wife can maybe try, but a hairdresser can simply forget about it !!!

http://www.official-green-card.org/dv2007.asp

[jb]

Winner of the United States Green card lottery of 2007...... might get to immigrate in 2010, it is not a quick fix either.

[BC]

Winner of the United States Green card lottery of 2007...... might get to immigrate in 2010, it is not a quick fix either.

.. and if I remember correctly some countries are blocked or have very low numbers accepted winners because their diversity quotas have been filled or overfilled.

[beattledog]

Why does this counry  allows people to immigrate to this country, it they win the lottery is crazy?   We have no idea who these people are.  They could be terrorists.  This loop hole needs to be closed.

beattledog

[Bruno]

Why does this counry  allows people to immigrate to this country, it they win the lottery is crazy?   We have no idea who these people are.  They could be terrorists.  This loop hole needs to be closed.

beattledog

I think that a controlled immigration is better that all these refugiees and illegal... never forget that people who participate to these lottery need a high education, they will be citizen who will add a plus-value to the host country...

Germany have use similar system a few year ago, when they was to much short in analyst-programmeur... Here in Belgium, we accept everything, some of these people are not able to write in own language...

JB, i have make the previous post in regard of your "magic bullet"... Magic was the keyword... these system is for people who believe in magic, not a realistic one...

[ronin308]

The winners of the lottery still have to pass through the same paperwork trail as other immigrants. In fact as jb stated it can take up to 3 years to go this road.

[username33]

Why does this counry  allows people to immigrate to this country, it they win the lottery is crazy?   We have no idea who these people are.  They could be terrorists.  This loop hole needs to be closed.

beattledog

We have no idea who the people inside our own country are. They could be terrorists. This loop hole needs to be closed.