[Luksma]

I am a US citizen married for 11 years to Chilean. We applied for green card in Chile after we were married. After 5 years app. We turned in the Green card because we were living in Chile and he Was granted a tourist visa. If We want to move to US again can we Apply for adjustment of status in the US?

[newacct]

No, you cannot enter the U.S. with intent to stay there and adjust status. So unless you are already in the U.S. when you changed your mind to stay, that would be visa fraud.

You should go through consular processing in Chile.

[Luksma]

My husband is not a US resident-is on B1/2-my 2 boys and I are citizens. We are visiting my mother and I want to stay and help her because she is alone and full time caring for sick grandma and she needs help.Is it possible for my husband to get Green card here in US ?

[tickle]

No, he can't overstay on the visa. He will have to go back to his country and reapply.

[lawanwadee]

Not recommended... follow procedures, in your case you don't even need an attorney. Do not mess it up.

[Luksma]

We are planning on applying for my husbands green card from Chile. I am a US citizen through birth and my two children are citizens because of me, both born abroad. We returned from a volunteer mission of 3 years in Dominican Republic because I wish to go back to the US to help my mother with my aging grandmother. My husband and I are not planning on being apart as we have never been and we have two small children which would make it utterly impossible. I have been researching how to apply, and came across the word "domicile". I have been out of the US for 12 years more or less, do not work (Stay at home mom) but have maintained my bank account in the US, I have a small investment on which I file taxes yearly, have a California driver's license... because I have always desired to return. Will that be enough? I also have someone willing to be my joint sponsor since as a mother, I have no income of my own. As far as my husband goes, he is an architect, planning on working in that field. Any help, advice, or experiences on this matter would be great.

Thanks

[AK lawyer]

came across the word "domicile".

The word has a very specific meaning in the law. It is the last place you lived in together with an intent that such place be your abode permanently.

For Americans, it would refer to a specific state (except that your children, assuming as you say that they are citizens, probably don't have a domicile in the U.S.) From what you wrote, I believe your domicile is California.

[lawanwadee]

You can return to US any time. Yes, your domicile is California.

[Luksma]

I am a US citizen. My husband of 12 years is A foreign national. We have two sons, both acquired citizenship through me. When we were first married, my husband obtained his green card through marriage. We never lived in the US, and after the birth of our first son, and due to his career here in his home country, we gave up the green card and he got a 10 year B visa. That was in 2008. We have travelled back and forth for visits since at least 6 times.


We left my husbands country in 2010 because my husband had a job offer in another country. We were there until now and returned to his home country to process another immigrant visa. Upon doing research on the forms, I came across what can make someone inadmissable. And here is where I don't know what to do. In 2009, my husband went through a terrible time due to MAJOR problems at work and at the time marriage troubles as well. He at one point was so low that he cut himself and has a visible scar. Since that horrible experience, he has overcome it, is working normally, (one Reason for moving to DR was to get away and do something to improve ourselves as individuales and our marriage) our marriage has gotten so much better, and we had another child. I did not even think of that past incident as a barrier to our moving to the US until I came across the info about inadmissability. I am afraid they will deny him the visa because of it, and afraid that since have been living out of the US for so long, that the waiver will be denied. It was a one time incident that he is very ashamed of and he would never do it again, let alone harm another. How can one incident ruin our lives like this? It is not something we took lightly, we had to face it, deal with it, but we have moved on now 5 years later.


My reasons for moving to the US are because my mother is getting older and she is caring for my grandma on her own and she needs me. I also want my boys to go to school there. I have been gone for a long time and want to go home. But I am afraid that if we are totally denied and waiver not approved, that he will lose his B visa as well and then we will not even be able to visit my family at all. We cannot be separated either, we are a family. Any advice or experiences or help will be appreciated. I am so upset.

[smoothy]

This is the fourth time you've asked the same basic question... (reported it to me merged with the other three) Why do you thing the answer will be different this time?

[joypulv]

She wants to know about her husband, but keeps mixing him with her, because she doesn't want to split up her family.