Travel to the United States by Non-Citizen, Married to a Citizen
I married in the USA a non USA resident who had a visa expired.
I do not live in the USA, my wife will be returning shortly to reside in Europe.
I am a permanent resident in Europe.
What will happen when we travel back in the USA to visit relatives, holidays and so on.
We do not plan to move to the USa for the next 5 years.
Re: USA Citizen Residing Abroad, Married to a Non USA Citizen Currently in USA
If you are stating that she's living illegally in the U.S., and has done so long enough to trigger a period of ineligibility, if she travels before obtaining her Green Card by virtue of her marriage to you then she should anticipate spending a number of years outside of the U.S. Even if she hasn't overstayed 180 days or more, her overstay could cause problems returning to the U.S.
If you want to return to the U.S. and petition to adjust her status, remaining in the U.S. until that process is complete, that would be a sensible way to resolve things. Once she's a LPR her unlawful presence will no longer be an issue.
Re: Travel to the United States by Non-Citizen, Married to a Citizen
Review the residency requirements for permanent residents and the requirements on the petitioning US citizen.
Re: USA Citizen Residing Abroad, Married to a Non USA Citizen Currently in USA
thank you. However, I live in europe, so I cannot move to the USA to pettion.
She is a citizen of a country which has a visa waiver, so I guess we will not be able to go on holidays to the USA for a while