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  1. #1
    Join Date
    Nov 2011
    Posts
    2

    Default 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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default 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.

  4. #4
    Join Date
    Nov 2011
    Posts
    2

    Default 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

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