The easiest way I know of is for you to become a citizen, then move to adjust her status. As you know, that's far from a perfect solution. If she leaves the country she can expect to be subject to the ten-year bar.
The easiest way I know of is for you to become a citizen, then move to adjust her status. As you know, that's far from a perfect solution. If she leaves the country she can expect to be subject to the ten-year bar.
Does the 10 year ban apply even after I become a citizen and process her application from our home country? The reason I'm asking this, is if we decide to move back, while I'm still a green card holder, is there a chance (a) to become a citizen abroad and then (b) apply for her to get a green card. I don't know, I'm just shooting in the dark here.
I realize the best way is to just sit tight here until I get citizenship, but I'm just trying to see what other options I might have, if any.
mmadsen55,
Thanks for your reply.![]()
Yes, it was a second opinion from the second lawyer. They both suggested the same thing.Who told you that you could not Petition your wife as a Permanant resident, a lawyer or USCIS? If your lawyer, I would suggest you get a second opinion Below is a link to the process and it does indicate that..And I agree, I also checked the link earlier, which is part of my frustration, the USCIS says one thing, while the lawyers say something else. I'm thinking the reason my case is messed up, is because the application talks about the spouse immigrating to the US, while my spouse is already here on an expired visit visa. They could throw the whole case out just because of that, maybe even affect my getting the citizenship, IMO... but I could be wrong, and that's why I'm here.
I wish that were the case, I've just finished one year, and another year is not too much of a problem. It's the next 4 years I have a problem with.One thing I would think "might" be an issue is that the "permanant residency" or green card is considered "temporary" for two years, so you may have to wait until it really becomes permanant.
I think so too.Or, the passage states that you can petition relative "to immigrate". There may be a specific problem if the spouse is already here..
Oh no, we do have our passports that show that we had valid visitors' visas upon entry. I just dont have them with me as I'm typing this from work, but we do have them.There may also be some other circumstances that you may think are not relevant enough to mention here, that could be an issue. For instance, you indicated that you both entered legally, on VISA's, but do not have the documentation. That could be problematic in proving that you entered and may cause the petition through permanant residency more difficult.
That's what I was thinking also, I might give him a visit this weekend... even though it's gonna cost me!I would suggest you study the USCIS web site, specifically the link I gave, and show the passage to the Lawyer and ask what, very specifically, is preventing you from petitioning as a permanant resident.![]()
Thanks again for the replies.![]()
I have another question (or two)![]()
1. If I leave the country now, as a green card holder... what is the procedure to keep the green card. I used to hear that one needed to travel into the US and enter (even for one day) atleast once a year. Is that law still in effect?... or are there more stricter rules now? Does it apply to children under 10 as well?
2. Can a green card holder become a citizen while residing in another country indefinitely? Or does the person have to live and work in the U.S. only?
Thanks.
PS - again, my apologies if these questions have been asked too many a time.