Filing green card and getting a visa! MUST READ!

I am a green card holder living in the United States (US) for about 25 years. I have been to Jamaica and got married two weeks ago. I would like my wife to visit me here in the US before I file for her permanent status. I would like you to tell me if there is any chance of the authorities turning down a visa application for her. She is 35 and I am 80 years old.

When a person applies for a non-immigrant US visa, the consular officer has to be convinced that the person will return home after visiting the US. This belief is subjective and varies from person to person and consular officer to consular officer. Two people will apply under the same circumstances and one person will receive the visa and the other will be denied. There is no appeal after the denial of a non-immigrant visa.

When a person has a US citizen or permanent-resident spouse and he or she applies for a non-immigrant visa, it is even more difficult to be approved for that visa. The position of the US embassy is that the intending visitor has more ties to the States than to Jamaica. In order to be granted a visa, the Jamaican would have to convince the consular officer that he or she will return to Jamaica after their visit and that they will not remain illegally with their spouse in the US.
Green card

Although, in your situation, being a green-card holder, you could not apply for a change of status for your wife. You would have to be a US citizen in order to do an adjustment application. The chances of your wife receiving a first-time visa are slim to none. It is conceivable that your wife could remain in the US illegally and you could apply for your US citizenship and then apply for a change of her status to that of a permanent resident.

It is currently taking about two years for the spouse of a green card holder to be interviewed for permanent residence. You should immediately file a petition for your wife and simultaneously file for your US citizenship. As a US citizen, your wife would be considered an immediate relative and the filing would take nine months to a year. If you file for her now, once you become a US citizen and advise immigration, she will be given an appointment at the US embassy in Kingston for the green card.

Your age difference is quite significant and will cause your application to be strictly scrutinised when your wife goes for her interview. Please closely document your relationship and your trips to visit your wife as she will need to present evidence of the legitimacy of your marriage to the consular officer.



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