Asked almost 3 years ago - Rockville, MDFlag
I am the wife of a US citizen for the past 4 years. My husband applied for a immigrant visa for me shortly after we were married while I was in the US on a multientry business visa, which I've had and renewed for years. This green card application stalled because of tax problems he had, especially during the last 3 years before we were married. I was not rejected, but after a year, I had to leave the US due to a death in the family - the USCIS refused me early parole requested on humanitarian grounds. Now I want to return to the US but have neither business visa nor immigrant visa. My husband's tax situation has only worsened with regards unfiled taxes during the last 3 years. Now my in-laws have offered to complete the I-864's/pay legal fees so I can return. Can I ever enter the US again?
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary
Making several assumptions, the answer to your questions is probably Yes, as long as you can prove that your marriage is bona fide, you are not subject to a 3 or 10 year bar to reentry and you have the support of a US resident or citizen with income sufficient to support a affidavit of support. As for your husband's tax issues, additional details and research are needed to give you a reliable answer.
You should seek a more extended consultation with an immigration attorney but from what you have written it sounds like you could reapply/seek consular processing. On the taxes, your husband is only required to submit his last year's taxes. Note that he would still need to file an affidavit of support as petitioner even if your in-laws agree to be a joint sponsor.
Best of luck,
Law Offices of Patrice Dziire
25,034 answers this week
2,626 professionals answering