GC with re-entry permit - What if I re-enter couple of weeks late?

[gregspirited]

Hi,

I have a valid GC (obtained in 2012) with re-entry permit that is valid until 23- Sep-2016. My wife and daughter have B1/B2 visa and is valid for couple of more years. They have visited the US twice under this B1/B2 visa. 

 

Here are my questions. Any information is highly appreciated

 

1. Can I re-enter the US couple of weeks late (say Oct 5, 2016) even if my re-entry permit is valid only till 23-Sep-2016

 

2. Can I wife & Daughter accompany me in B1/B2 visa at the port of entry? What will be the challenges if any?

 

Thanks in advance

 

 

[pontevecchio]

1. How long have you stayed out?

 

2. Have you filed I-130 for them?

[JoeF]

I second pnetevecchio: How long have you been out of the country? That's what matters foremost.

[gregspirited]

1. How long have you stayed out?

 

2. Have you filed I-130 for them?

 

I left US on June 23, 2014. But visited US two times on work related travel and stayed for 15-20 days each time. 

 

I haven't filed I-130 for them yet. Should I file before I come to the US or can I file after I enter the US? 

 

Thanks for your reply !

[JoeF]

So, when did you last travel out of the US?

[pontevecchio]

You have a complex set of circumstances. Did you get married after getting the GC? Did you file US Income tax returns?

[gregspirited]

1. I got married before I got my GC. I could use the "Follow to join" rule for my wife but not my daughter since she was born after my GC approval. I cannot bring my daughter in follow to join and hence my wife has to find a job (H-1B) and get a H4 for my daughter.

 

2. My only concern is whether she can enter the US using B1/B2 visa after which she has to find a job and transfer to H1-B visa

 

3. I have filed income taxes for 2015 & 2014 and have the returns 

 

4. My last travel to US was in April 2016 and my wife/daughter last visited in Oct 2015

[pontevecchio]

I would strongly urge you to let a Lawyer, maybe the firm of Murthy look into the matter. You may be pleasantly surprised.

[gregspirited]

I would strongly urge you to let a Lawyer, maybe the firm of Murthy look into the matter. You may be pleasantly surprised.

Thanks for your reply. 

 

I did email one of my lawyers (who processed GC for me via EB2 employment category in 2012) and his advice was to come in to US via B1/B2 and convert my wife's status to H1/H4 (for my daughter) via a job. Applying for GC for my wife is possible (through follow to join option) but not my daughter. My daughter (3 yrs old) has to go through F2A category for which the dates are in Nov 2014. Since my daughter has to go through F2A my wife will also need to go through the same window.

 

If you believe that there are other better options that I need to explore I can definitely reach out to murthy's law firm for consultation. I don't want to get the same option again through another lawyer. 

[pontevecchio]

Why did you not file an I-130 2 years back?