Gringos married to colombianas in Colombia!!!!!!!

Neonovo says on Sep 3, 2007, 20:57:

She has her US residency already? If so, I think it's a moot point. If she wishes she can opt for US citizenship.

Neonovo

Rubito says on Sep 3, 2007, 22:40:

can't get citizenship until you can say you haven't been away for more than 6 months at at time over the past 5 years. They just denied a friend of mine because of that.

---Violence is the price of freedom.---

Gator says on Sep 4, 2007, 09:36:

Not really sufficient information but Rubiito may well be correct. Renouncing/ handing in residency? (It can be done but that would be nuts?) Amigo, you need to pay the piper and consult with a KNOWLEDGEABLE immigration attorney NOW before the water gets too deep.

The act of expatriation of a long-term resident occurs when:

1. The individual relinquishes, revokes, or abandoned U.S. lawful permanent resident status within the meaning of section 7701(b)(6);or

2. When the U.S. lawful permanent resident commences being treated as a resident of another country and the individual is treated as a resident under the residency tie-breaker rule of an income tax treaty between that country and the United States and the individual fails to waive treaty benefits. For example, if you lived outside the country for four months and deliberately omitted this absence from your N-400 and the USCIS finds out about it after you’re naturalized, they could move to have your Certificate of Naturalization canceled. All they would need to show is that your absence would have disqualifed you from or materially affected your naturalization due to the “physical presence in the United States� requirement for naturalization applicants.)

If you are a lawful permanent resident (immigrant) returning to the United States from a visit abroad of less than a year, you may apply for readmission by presenting your Permanent Resident Card ("Green Card") to the immigration authorities at a port of entry.

f you are a lawful permanent resident or conditional permanent resident and wish to remain outside the United States for more than one year, but less than two, you require a reentry permit. A reentry permit is not required for a trip that is shorter than one year. (You should note that an absence of more than one year will break the period of continuous residence required to become a citizen, even if a reentry permit is issued -- see Application for Preservation of Residence). A Reentry Permit is also issued to lawful permanent residents who want to travel outside the United States, but cannot get a national passport from their country of nationality. A reentry permit is valid for two years and may not be extended.


She may also be classified as a Returning Resident and apply for a SB-1 Visa

If you are a lawful permanent resident and you are unable to return to the United States within the travel validity period of a Permanent Resident Card (one year), or a Reentry Permit (two years), you may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for this status, you must show that:

* You were a lawful permanent resident when you departed the United States;

* When you departed, you intended to return to the United States and you have maintained this intent;

* You are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond your control and for which you were not responsible; and

* You are eligible for the immigrant visa in all other respects.

If you wish to apply for a Returning Resident (SB-1) visa, you should contact the nearest consular office well in advance of you intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that you have given up your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis by which you immigrated originally, if that is possible.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

bufalo says on Sep 4, 2007, 16:43:

This is what was explained to me by the USCIS office and what I learned from their website (but double checked of cours by an immigration officer).

I'm from the US, a gringo citizen. She's from Colombia and has a US permanent residence that we got in Bogota about 4 years ago. Our daughter, born in Col, has both citizenships.

What we understood is that my wife's residency/green card is good for 10 years. Meaning she can reside in the states for 10 years. In that time, when she completes 3 (or 5, still not sure) years living in the states consecutively she can apply for citizenship, get it, and then we stay/go wherever. For the 10 years, she has to enter the US at least once a year in order to have her residency/green card remain valid. More than one year away, it's revoked. That's what we've done so far.

For 4 years we've gone to the states at least once a year and our taxes have been filed jointly since then as well. From what I've always been told, we're OK. Immigration doesn't like it, and at the airport, someone could be grumpy and say that they feel she gave up her residency and send her packing, but that hasn't happened. We usually have a reason why we're out of the US, not major ones, but reasons ready in case we're asked (9 months in Barcelona while she was studying her masters, then a stay in Leticia while she investigated her thesis project, etc).

Sorry to bug, and thanks for any input.

"If you don't like it - lump it, take it down the road and dump it." - Archie Bunker played by Carroll O'Connor

Rubito says on Sep 4, 2007, 21:43:

Well in that case, what's the problem, she has her green card, both of you waltz right in, live and work in the US. You gotta wait 5 years if you want her to be able to apply for citizenship though. During those five years you may be out of the US for no more than 6 months at a time.

What other issues are there?

---Violence is the price of freedom.---

bufalo says on Sep 4, 2007, 23:18:

On this post, no issue. The reason for posting this was because I have talked to several gringos who are pissed that their wives can't get tourist visas. My wife won't qualify for one either, so we are somewhat obligated to move to the US for the 3-5 year period, bummer (in a sense). I'm just wondering what the other gringos is colombia do visa-wise for their wives. Do they also have citizenship, did htey get them tourist visas, do they just say screw it and not go up north for a visit at all...... I'd just like to hear some of the frustration because I may have a project in mind that has to do with this. I guess I goofed when I said "help out". I didn't mean help me out with visa advice, rather offer any personal accounts of visa frustration in this scenario - oops.

I honestly hope it's only 3 years though, I don't want to live there longer than I have to. It's ok, but expensive. There's also a whole big world out there I'd rather try to live in.

"If you don't like it - lump it, take it down the road and dump it." - Archie Bunker played by Carroll O'Connor

Rubito says on Sep 4, 2007, 23:32:

We were actually thinking of just applying for a K3 visa and using that as a travel document, but with no intention of her living there. There is no way we're gonna go through that whole fucking rigamarole of waiting 3-4 years for her to get a permanent green card. We want to live in Colombia, PERIOD!

For Canada I dunno what we'll do yet. I don't even like the idea of giving up my money for that. The only problem is I still have so much family living there.

Ironically should could get a real good paying job in Canada if she wanted to and be in like Flynn, but because we seriously ONLY want to visit, it gets complicated.

---Violence is the price of freedom.---

Gator says on Sep 5, 2007, 08:00:

I Still don't understand the problem. She has a I-551 card, has not violated the USICE absence requirement nor the IRS regulations.

Why are you/she not just entering on the I-551????????????

Rubito-why the five year wait for US Citizenship? I thought it was three years if married to a US Citizen

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

Rubito says on Sep 5, 2007, 10:36:

It is, BUT the requirement that you not be out for more than 6 months in the past 5 years still stands.

So maybe they would make her wait 4 1/2 years?? In any case that's not in Bufalo's plans to stay there that long....

Personally I think the whole system is fucking ridiculous. They do just about everything in their power to make you NOT come and put down roots, and then they turn around do a 180 and make it next to impossible for you to leave!!!

---Violence is the price of freedom.---

slguy says on Sep 5, 2007, 11:21:

Not to hijack the thread - but I have a related question, I think.

Can a person with Temporary Status (within the first two years after marrying with a K-1) travel freely? Or do they need a 131? How much time can be spent outside the country, during those two years without risking loss of status? Is 6 months per year the magic number?

This confuses hell out of me. If i were to marry a colombiana, a tourist visa is out the window. BUT- if we want to spend our time abouty evenly divided between the US and Colombia - are we risking loss of her status?

Like Rubito said- it seems like they want to put you thru hell to come, AND hell to leave. But if it's possible to commute between countries, being careful to spend at least six months/year in the US...seems more reasonable. So my guess is- this won't work. LOL Input, please?

Before you throw me out, make sure I pay my bar tab

bufalo says on Sep 5, 2007, 11:29:

How's this for ridiculous. They wouldn't give my wife a tourist visa, but got a residency in a few days, so:

They will let her go to the US where she could apply for food stamps and all the other stuff that people accuse immigrants of, meaning live off the system and suck all the resources.

BUT: they won't let her go for 2 weeks or so and just spend vacation money.

Such stupidity!

Gator, the I-155 is the green card right? That's what she enters with. The problem isn't her entering now (the original post was to ask what other gringos here do for their wives with this stuff). The problem would be more down the road - what do we do when the 10 year green card is up? Then we can't visit at all, nor live there (reapply, but if she never used the green card to live, would they give it to her again?). The other problem would mean we would always HAVE to go to the US once a year. That can be expensive and well, forces us to vacation there.

I've met several gringos here in similar situations. As most know, married to a gringo does jack squat for a tourist visa. Their wives can't go with them when they go home. All were shocked at this. Since there's several gringos that I know on this page living here, I'd just like to know what their situation is.

"If you don't like it - lump it, take it down the road and dump it." - Archie Bunker played by Carroll O'Connor

john_stark says on Sep 5, 2007, 18:42:

"Can a person with Temporary Status (within the first two years after marrying with a K-1) travel freely? Or do they need a 131?"

While their AOS is pending K-1s need Advanced Parole. K-3s can travel freely for the two year life of the visa even while their AOS is pending.

bufalo says on Sep 5, 2007, 21:27:

slguy, don't fret a hijack here, exactly what I was looking for (unfortuneately). Can you give a hint of your situation? And from what I understand it is MORE than half a year, meaning 6 months and 1 day.

"If you don't like it - lump it, take it down the road and dump it." - Archie Bunker played by Carroll O'Connor

RussianFred says on Sep 5, 2007, 23:56:

It thought is was 6 months 1 day for the last year not the entire period. Please research the subject, 6 months in five or more years is crazy.

Annual Drug Deaths: Tobacco: 395,000, Alcohol: 125,000, 'Legal' Drugs: 38,000, Illegal Drug Overdoses: 5,200, Marijuana: 0. Considering government subsidies of tobacco, just what is our government protecting us from in the drug war?--Ralph Nader

Rubito says on Sep 6, 2007, 07:10:

Dude, I just GOT my citizenship not even a year ago, and that was one of the questions on the form. They also reaffirmed it twice more along the process. Not to mention a friend who applied just after me got rejected on those same grounds. Research complete!!! If you want to ignore me, fine, do it at your own risk!

Why would it surprise you that it's crazy, it's fucking US immigration? When have they ever been SANE????

---Violence is the price of freedom.---

bufalo says on Sep 6, 2007, 12:32:

It is all the years. Think about it, a residency means you should be residing there. That means spending the majority of your time there, minimum for the majority is six months and one day.

I understand that they do this, fine, but then give our wives tourist visa for crying out loud!

Rubito, something I'm missing: Gator said it was three years for citizenship if married to a US citizen, but then you said: "It is, BUT the requirement that you not be out for more than 6 months in the past 5 years still stands"

So either way it is 5 years, right?

"If you don't like it - lump it, take it down the road and dump it." - Archie Bunker played by Carroll O'Connor

Rubito says on Sep 8, 2007, 07:40:

I would suspect so, since she already has her residency. Like Gator said, best is check with a reputable lawyer.

Unfortauntely many lawyers know less than we do :(

---Violence is the price of freedom.---

Strobers says on Dec 20, 2007, 13:34:

There is a lot of bullshit to deal with when it comes to visas. That's why when my wife came over back in 2002 I told her that we would visit Colombia when we could, but would never put ourselves in the position where somebody could hold something over our heads. We behaved ourselves and our reward is that my wife now is a citizen. Now we can come and go as we please. I'm just not looking foward to the day when we head over to Colombia long term. Hopefully, it will be as easy as a transition as it was when my wife came over here from the standpoint of the visa process.

Too many things can go wrong.

"Life is too serious to be taken seriously"

Rio_Sul says on Mar 7, 2008, 22:09:

I can tell you from experience that if a person is married to a US citizen and they live in the USA (together) for 3 years, the immigrant with the "permanent green card" can apply for US citizenship. I have successfully completed 4 K1 and K2 visas and all were admitted to the USA. I lost my shirt in divorce though. Best of luck to you.

Rubito says on Mar 7, 2008, 23:12:

Having gone through BOTH US and Colombian immigration, I can say in retrospect that it's WAY WAY easier in Colombia. What was actually difficult was the marriage, although that would have been stupidly difficult anywhere in the world.

---Violence is the price of freedom.---

lpdiver says on Mar 8, 2008, 01:39:

And if they are Cuban they can move much faster under the Cuban Adjustment Act.

t

"cook some rice!"