Green Card & EAD

[nishantprakash]

Dear Forum Members,

I have read a lot of topic posted on GC but could not find one that would closely resemble my issue, so i am hoping someone among you would know the answers.. even if you don't i would really appreciate if you could guide me to the right source for the answers. Here is my issue:

My wife is a green card holder but she is living with me in Singapore because I work here. My wife has been traveling to USA once every year for the past 3 years to maintain her GC. However last time when she passed immigration, an immigration officer strictly told her to start living and working in US or else her GC will be confiscated. Now she and I are considering moving to the US so that she can maintain her GC and we both can live and work there. The problem however is that I only have a B1/B2 Visa for the US because i go there for my present company's work once in a year. So here are my questions:

1. What can my wife say/do to prevent her GC from being taken away next time she enters USA? She has to visit US within the next 5 months.

2. What are the requirements for her to sponsor my GC? Does she have to live and work there and have a US address before she sponsors my GC?

3. How long does it take in the present scenario to get a GC through the spouse channel?

4. Can i get an EAD to find a job and work in the US immediately after my wife applies for my GC or do i have to wait for a specific time period before i can work in the US?

5. Any other suggestion from experienced members on how to best address and solve this issue?

Thanks in advance for your help dear forum members, really looking forward to hearing from you all..

Best Regards,

Nishant

[pontevecchio]

She was very lucky and she may still have lost her PR. What was the basis of her PR?

[nishantprakash]

She got her PR through family sponsorship.. Would you have answers to my questions?

[pontevecchio]

1 She needs to come here and get a Reentry permit before going back. She also NEEDS to discuss her current situation with a Lawyer. PR implies making a PR here and paying taxes . She cannot continue to do what she is doing..Staying in Singapore and hoping short visits will let her keep the PR.

2. An US Residence is a good idea.

3. 2.5 years. Check out F2A in the visa bulletin.

4. You have to wait 2.5 years. In the meantime you can have your company send you in L1 status or apply for a H1 next year to start from next October. Hand L are considered dual intent .

5. The issue will be solved if she comes back with you in H1 or L1 status.

I hope you understand the seriousness of the situation if you want to be GC holders. Talk to a Lawyer. Give the firm of Murthy a call.

[nishantprakash]

Thank You for your answers pontevecchio!