nationalusa

Hi,
I've had a green card since 1998 but had to leave country for a period of year and a half, was back in 2000. For this reason I think Im not eligible to file for a citizenship yet.

I'm planning to get married my fiance is on H1-B, up for renewal in Dec 2004 (he will probably get another 2 year extension). I have read something about a V Category non immigrant status, wherein a person can apply for work permit (independantly) if he/she is married to a Lawfull permanent resident. I would appreciate any response/feedback on this issue.

My fiance is going yo apply for his green card thru his company, and I told him to hold of until I get some more information

Thanks for your time

NATIONALUSA

Folinskyinla

Hi:

Roughly speaking, note that you can file for naturalization approximately 3 years 9 months after return from that long entry -- the last 364 days of it count towards you residence.

Beware thought that BCIS may not understand this -- I'm doing a natz appeal on this very issue.

Mrtravel

nationalusa wrote:

    > Hi,
    >
    > I've had a green card since 1998 but had to leave country for a period
    > of year and a half, was back in 2000. For this reason I think Im not
    > eligible to file for a citizenship yet.

Correct.
Hopefully they won't decide you have abandoned status.
Did you have a reentry permit?

    >
    >
    > I'm planning to get married my fiance is on H1-B, up for renewal in
    > Dec 2004 (he will probably get another 2 year extension). I have read
    > something about a V Category non immigrant status, wherein a person
    > can apply for work permit (independantly) if he/she is married to a
    > Lawfull permanent resident. I would appreciate any response/feedback
    > on this issue.

V Visa isn't going to help. Check the website to make sure..
V Visas was for people that had already been waiting 3 years or more at
the time this was effective. I believe the filing deadline has passed.

    >
    >
    >
    > My fiance is going yo apply for his green card thru his company, and I
    > told him to hold of until I get some more information
    >

Probably faster

nationalusa

Thanks for the reply. They would'nt have let me in if didn't have a re-entry permit. However I will check out the V Category information

NATIONALUSA

Mrtravel

nationalusa wrote:
    > Thanks for the reply. They would'nt have let me in if didn't have a re-
    > entry permit. However I will check out the V Category information
    >

Probably not eligible.
They must meet ALL of the requirements below.

http://www.immigration.gov/graphics/.../hdinonimm.htm
*****************

Who is Eligible?
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or
seek V-1 or V-2 nonimmigrant status while in the United States, if that
person:

* is lawfully married to a Lawful Permanent Resident of the United
States (V-1), or is the unmarried child (under the age of 21) of a
Lawful Permanent Resident (V-2); and
* is the principal beneficiary of a relative petition (Form I-130)
that was filed by the Lawful Permanent Resident spouse/parent on or
before December 21, 2000; and
* has been waiting at least 3 years since the petition was filed
for status as a Lawful Permanent Resident because the petition is still
pending, or has been approved but:
* an immigrant visa is not yet available; or,
* there is a pending application to adjust status or application
for an immigrant visa.

The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3
visa or for V-3 status.