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Bringing your Polish spouse to America to permanently reside
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Wed Aug 11, 2010 11:27 am    Post subject: Bringing your Polish spouse to America to permanently reside Reply with quote

Well everybody, it's getting almost time to flee Poland, and now i gotta work out the legalities of getting my Polish wife to America to live and work.....legally.

We're looking to leave for America January, February latest, so time is of the essence.

Does anyone have experience in doing this?

She already has her travel visa. Is the next step simply getting her a greencard?
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maniak



Joined: 06 Feb 2008
Posts: 194

PostPosted: Wed Aug 11, 2010 12:25 pm    Post subject: Reply with quote

Dude she has got the wrong visa. I hope you mean by "almost" about 6-8 months, as thats how long it takes to get one. She can only enter the US if she has her fiancee-immigration visa if she actually wants to stay here. I mean she can enter on her travel visa but then she is committing fraud since she isnt traveling to the US for tourism but to stay put with you. And then she probably wont get a greencard at all. Im not joking. I looked into this some time ago

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a16066e7d9fd4210VgnVCM100000082ca60aRCRD&vgnextchannel=7cd99ddf801b3210VgnVCM100000b92ca60aRCRD
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lundjstuart



Joined: 01 Jul 2008
Posts: 211
Location: Warsaw, Poland

PostPosted: Wed Aug 11, 2010 12:36 pm    Post subject: Reply with quote

It's your spouse, meaning that you are legally married, correct? If so, take her to the embassy, file the documents to change her travel visa to an immigration visa. Since you're married to her, it's easier. For example, 6 months of marriage is a bit harder to do it for obvious reasons but if you've been married for 6 years, it's much easier. Try finding her a job in the States before filing the documents.

Good Luck!!
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Thu Aug 12, 2010 3:32 am    Post subject: Reply with quote

maniak wrote:

Quote:
Dude she has got the wrong visa. I hope you mean by "almost" about 6-8 months, as thats how long it takes to get one. She can only enter the US if she has her fiancee-immigration visa if she actually wants to stay here. I mean she can enter on her travel visa but then she is committing fraud since she isnt traveling to the US for tourism but to stay put with you. And then she probably wont get a greencard at all. Im not joking. I looked into this some time ago


No, she does not have the wrong visa. i thoroughly looked into this before we got married, but I know what you are referring to.

i wrote to the consulate in Krakow telling them that I plan on marrying in America this year, moving back to Poland, and then moving back to America permanently with my wife the following year. I explicitly asked if she would need a fiancee visa in order to do this legally before we actually got married in the USA, and they said an affirmative NO because she will not be getting married in America and STAYING in america. I have written confirmation from the consulate in Krakow of all of this.

lundjstuart is correct. what i dug up yesterday is that i need to first file for her an I-130. this is a petition asking the USA to accept my "family member" into the USA (A wife falls under the category "family member") and is the first step in acquiring a greencard. i then need to file an I-485, which is to change the status of your "family member" 's visa from a travel visa to an immigrant visa.

all of this can be done either in Poland or in the USA.


Quote:
Try finding her a job in the States before filing the documents.


already done. the moving date is being dictated by her employer in the USA. she will be transferring from her company in Poland to a branch in the USA, she's already landed the job. we are already legally married (have an american marraige license, we got married there, not here) which gives my wife automatic work rights in America because she is married to an american citizen, we just need to go through the motions with the paperwork. getting an actual greencard, after all is said and done with papework and interviewing can take up to a year or more, but just like in Polalnd, as long as your residency card paperwork is processing, meaning you've already begun the filing process, you can begin to work.

when i read what a greencard entails, it's a bit intimidating which is why i was wondering if anyone on this forum had done it already. also, the job my wife landed in the USA is an opportunity of a lifetime for her, and I plan on doing everything in my power to make sure our paperwork is all done correctly so that she gets it.
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sparks



Joined: 20 Feb 2008
Posts: 632

PostPosted: Thu Aug 12, 2010 12:48 pm    Post subject: Reply with quote

Dynow,

I am looking to make a similar move in the near future...

So if you marry your Polish fiance in the states on a tourist visa they automatically get the right to work and live?
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Thu Aug 12, 2010 1:29 pm    Post subject: Reply with quote

sparks wrote:

Quote:
So if you marry your Polish fiance in the states on a tourist visa they automatically get the right to work and live?


with the necessary paperwork, yes.

it's just like a KP in Poland, only as an American, you don't need a visa to enter Poland, just a valid passport.

if you want to work and live in Poland, you need to get a residency card, which requires a whole bunch of paperwork, background checks, proof of employment, etc., which is the same thing the USA asks of an applicant before giving someone a Greencard.

The difference is of course that Poles need a visa to enter America, and cannot get a greencard unless they marry a US citizen, are petitioned by a family member who is an American citizen residing there, have a work arrangement, or other special cases.

The quickest way though to citizenship in the USA is to marry an American. Once a foreigner marries an American, they can get a Greencard, and 3 years later, they can apply for citizenship, which means in about 5 years, you can become an American citizen through marriage, assuming you did all your paperwork correctly and the INS doesn't see any red flags.

I'm just starting the process but I've been reading my a$$ off over the past week and it doesn't seem terribly complicated actually, just time consuming. The waiting period after submission of certain documents can be months. I'll be most likely filling in and submitting the I-130 petition next week to get the ball rolling, so as I move through the process, I'll keep posting on this thread to keep those interested informed on how the process works.
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maniak



Joined: 06 Feb 2008
Posts: 194

PostPosted: Mon Aug 16, 2010 8:22 am    Post subject: Reply with quote

good to hear, sorry for the panicky message, it would suck big time being denied entry or immigrant status because of a simple mistake. good luck my friend
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Mon Aug 16, 2010 12:44 pm    Post subject: Reply with quote

thanks bud. I'm actually going to call the Consulate directly today, according to their website they have office hours till 8:00 p.m. so instead of playing email tag all week, I'm going to call them and see what I can dig up. in my experience, when i email the Consulate with a list of questions, i either get sent back a link that is of no help to me, or they choose one question to answer, omitting the rest.
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scottie1113



Joined: 25 Oct 2004
Posts: 375
Location: Gdansk

PostPosted: Mon Aug 16, 2010 9:36 pm    Post subject: Reply with quote

dynow are you in Poland now?
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Tue Aug 17, 2010 5:23 pm    Post subject: Reply with quote

scottie 1113 wrote:

Quote:
dynow are you in Poland now?


yes.
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scottie1113



Joined: 25 Oct 2004
Posts: 375
Location: Gdansk

PostPosted: Wed Aug 18, 2010 8:12 pm    Post subject: Reply with quote

dynow, call the embassy in Warsaw and ask to speak to Kasia Hutchinson. She's married to an American friend of mine, Chris, and if she doesn't have the answers you need, she can put you in touch with the right person to help you. Good luck amigo.
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Thu Aug 19, 2010 6:20 am    Post subject: Reply with quote

thanks scottie1113.

does Kasia have an american passport, meaning, did she go through the greencard process? i only ask because they live in Poland, and the only way an american passport can be acquired through marraige is by living in America with your American spouse for several years.

i guess for the sake of the thread, it's worth mentioning that it costs 5zl per minute to call the Embassy. also, Immigrant Visa office hours are 10:00-12:00, and 14:00-16:00.

i have so many questions that for me to get all of them answered over the phone.....i can't imagine how much that phone call would cost, so i tried sending them an email first with all my questions. the automated response, "please allow 8-9 days for a response." Evil or Very Mad

looks like i'll have to load up my phone with 100zl, call the embassy, and hope i can get all my questions answered in under 20 minutes.
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scottie1113



Joined: 25 Oct 2004
Posts: 375
Location: Gdansk

PostPosted: Sun Aug 22, 2010 10:52 am    Post subject: Reply with quote

dynow I don't think Kasia has an American passport. She traveled to the US to get married to her American husband but they live in Warsaw. I have a friend who lives in LA with his Polish wife. It was a hassle for her to get all the necessary documents, but she's been there for about a year. Kasia knows her too. If she can't answer your questions, she can put you in touch with someone who can.

It might be easier just to make an appointment at the embassy and ask your questions in person. Good luck.
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dynow



Joined: 07 Nov 2006
Posts: 1080

PostPosted: Thu Aug 26, 2010 8:02 am    Post subject: Reply with quote

So, went out to Krakow yesterday to submit the I-130 petition. Below is a checklist I found online with things you need for this. I found several checklists online but this one turned out to be the most accurate. I have comments next to each one:



�I-130 form - 2 pages, very straight forward.

�G-325a form - both you and your spouse need to fill one of these out. it's 1 page.

�Photocopies of passport bio data - i was not asked for this, but WAS asked for real passport. bring it.

�Proof of citizenship or lawful resident status of petitioner - make copies of your residency card. in order to petition for your spouse to get an Immigrant Visa, you must have residence in Poland for at least 6 months. ALSO, you must have an original copy of your spouse's FULL birth certificate, not the abridged version.

�Proof of relationship - have a copy and the original marriage certificate. they asked for both.

�Proof of termination of previous marriages (if applicable)

�2" x 2" ID photos - when you get these done, specifiy 2" x 2". a passport photo is not 2" x 2".

�Translations - everything, aside from your spouse's birth certificate, must be in English.

�Cover letter - a short description of why you are petitioning for your spouse to receive an Immigrant Visa.

�Table of contents - list everything in your I-130 packet.

�Photocopies of entire package

�Fee - processing fee for this stage is $355 or 1134zl at today's consulate exchange rate of 3.2.

One very important thing to keep in mind if you're going to Krakow....they are merely a collection center for Warsaw, so if you have any questions, don't bother asking them there. there is no Immigrant Visa dept. in Krakow, they simply collect paperwork and mail it to Warsaw. when I called the Immigrant Visa dept. last week they told me I "can" go to Krakow because it's in my area (5 1/2 hours by train from Wroclaw) but in retrospect, i probably could have gone to Warsaw and done this and I would have been able to get all my questions answered. it's a longer train ride, sure, but when you're burning an entire day sitting on a train anyway, why not ride a little longer and go to the right place.

Anyway, all is taken care of for now and now I just wait for notification from the Embassy. I will receive a letter in the mail.

The final step is the interview in Warsaw which your spouse must attend alone. Before the interview the Embassy will send you another checklist of all things your spouse will need to bring for the interview.

Also, if you want to receive updates and other confirmations via email, you can fill out a G-1145 E-notification form. It's just a form that asks for your name, address and phone number. I did this so I'll let you know how it is if and when I receive notifications to my email.

If anyone has any questions regarding this part of the process, feel free to ask/send a PM.
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Blasphemer



Joined: 03 Dec 2008
Posts: 199
Location: NYC/Warszawa

PostPosted: Fri Sep 03, 2010 7:30 am    Post subject: Reply with quote

She should get her working visa withing about 4 - 6 weeks after you get married. You could go to your nearest immigration office [I had to go to Newark NJ] and request a letter with her "A" number which will allow her to work, provided that she already has a functional SS number. Even if it's the temp number which says: "Not valid for employment", she could still work as long as she receives her A number...
After receiving the work visa... give or take 2 - 4 months later, she should receive her green card which will be valid for two years time. After that [IT"S VERY IMPORTANT] she'll have to apply for the 10 year green card. Make sure to send out about 8 to 9 months BEFORE it expires or you'll have to start the process again.
I had a problem because I sent it out couple of months before and my check expired before they processed it, so then I had to resubmit a new check with a new set of docs, which basically pushed my process back by another two years... yep...
She'll get her US passport AFTER 10 years of living in the states and going through the citizen test and the oath...
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