... in response to Living and marrying in Colombia question, posted by JamesK on Dec 3, 2001Hi JamesK,
I think to get a green card for your future wife, you have to live in the U.S. on a permanent basis. There are 2 legal points of view for that:
1) In order for you to produce an acceptable affidavit of suppport you have to attach your last 3 income tax returns, employment letter, etc, unless you're a person of independent means (rich). There is a minimum income level required. It depends on how many people you suppport here and how many you're trying to bring to the U.S. I don't know if you know this, but a U.S. citizen is required to file an income tax return with Uncle Sam...even if he/she lives abroad.
2) The idea behind allowing U.S. citizens to bring spouses is the family unit principle. The government gives you that privilege so your wife can JOIN you in the U.S. If you live and are planning on continuing living abroad, I don't know how your wife is going to JOIN you in the U.S.
The U.S. government is very strict (and is bound to become even more strict due to the recent events) when it comes down to dealing with legal aliens living in the U.S.
Every immigrant and non-immigrant visa has very specific directives. For instance, if a person applies for a tourist visa he/she must have the sole intent to visit the U.S., nothing less, nothing more.
The same applies when somebody applies for permanent residency (green card). He/she must have the intent to live on a permanent basis in the U.S.
Even if you're able to get a green card for your wife, she's bound to lose it if she doesn't comply with its requirements. If she stays more than 1 year abroad, she may lose it.
If she just uses it for "in and out" privileges, she can also lose it. The purpose of the green card is to make the U.S. one's home with possible occasional and short visits abroad. Is wasn't created to allow occasional visits. A tourist visa is what's needed for that purpose.
Of course, there are thousands of people who don't comply with this and do whatever they want with the green card. But all that is about to change.
Kenfer