Just a few questions regarding the residency requirements
#16
Re: Just a few questions regarding the residency requirements
It is certainly a gamble, as it could go either way. Some people do get away with it though.
Lyn
#17
Re: Just a few questions regarding the residency requirements
I can't offer any advice other than recount my own experience, but as I have gone through the same process, successfully, maybe I can shed a little light.
Arrived here october last year, got married within the 90 days, applied for adjustment of status a month past the expiry of the Visa Waiver.
I got a request for further evidence approx one month after filing, along with the requested document (wifes tax form) I included various documentation supporting the fact my initial intention was not to arrive on VWP and adjust, vitriolic communications between me and former landlord, communications between friends/family concerning storing my belongings, or buying stuff from me etc, even emails asking who had the keys, i.e. the boring humdrum of what was taking place.
I have no idea if any of this documentation was even read by USCIS but I saw no harm in providing it.
As a side issue, until I had my employment and social security number I felt like a non person, despite my 'lifes a big adventure' outlook, so i'd be prepared for a storm or two from your wife!
I had my green card / residency interview a month ago, it was very quick, maybe no longer than 15 mins, the question of my out of status time never arose, infact the only questions asked were aimed at validating the marriage, and we didnt even get all of those right! ( i didnt know the wifes cell phone number - short code dialling meant i never memorised it), he also asked about work, all in all it was very friendly, and almost - but not quite - light hearted, maybe he was just good at putting nervous nellies at ease.
My conditional green card arrived within 2 weeks. on the card it is attached to, it says the following about leaving the country while a permanent resident.
"If you are going to travel abroad and believe you may be gone a year or more, you should apply for a reentry permit before you leave - see form I-131 for information"
As the information is listed under the section that contains information about conditional green card and permanent green card it may/may not apply to both so i'd investigate further.
I wouldn't recommend adjusting status in this way, I realise the overstay could always come back to bite me should I decide to apply for citizenship.
Someone else on this board - doing the same thing as me got banged up in jail for a bit then shipped back to England, this was only a couple of months ago.
I wouldnt worry too much, just ask yourself, are you prepared to move to the UK should her AOS be denied
Good luck,
Arrived here october last year, got married within the 90 days, applied for adjustment of status a month past the expiry of the Visa Waiver.
I got a request for further evidence approx one month after filing, along with the requested document (wifes tax form) I included various documentation supporting the fact my initial intention was not to arrive on VWP and adjust, vitriolic communications between me and former landlord, communications between friends/family concerning storing my belongings, or buying stuff from me etc, even emails asking who had the keys, i.e. the boring humdrum of what was taking place.
I have no idea if any of this documentation was even read by USCIS but I saw no harm in providing it.
As a side issue, until I had my employment and social security number I felt like a non person, despite my 'lifes a big adventure' outlook, so i'd be prepared for a storm or two from your wife!
I had my green card / residency interview a month ago, it was very quick, maybe no longer than 15 mins, the question of my out of status time never arose, infact the only questions asked were aimed at validating the marriage, and we didnt even get all of those right! ( i didnt know the wifes cell phone number - short code dialling meant i never memorised it), he also asked about work, all in all it was very friendly, and almost - but not quite - light hearted, maybe he was just good at putting nervous nellies at ease.
My conditional green card arrived within 2 weeks. on the card it is attached to, it says the following about leaving the country while a permanent resident.
"If you are going to travel abroad and believe you may be gone a year or more, you should apply for a reentry permit before you leave - see form I-131 for information"
As the information is listed under the section that contains information about conditional green card and permanent green card it may/may not apply to both so i'd investigate further.
I wouldn't recommend adjusting status in this way, I realise the overstay could always come back to bite me should I decide to apply for citizenship.
Someone else on this board - doing the same thing as me got banged up in jail for a bit then shipped back to England, this was only a couple of months ago.
I wouldnt worry too much, just ask yourself, are you prepared to move to the UK should her AOS be denied
Good luck,
#18
Re: Just a few questions regarding the residency requirements
"If you are going to travel abroad and believe you may be gone a year or more, you should apply for a reentry permit before you leave - see form I-131 for information"
As the information is listed under the section that contains information about conditional green card and permanent green card it may/may not apply to both so i'd investigate further.
As the information is listed under the section that contains information about conditional green card and permanent green card it may/may not apply to both so i'd investigate further.
As it's been said, there are 2 different things the OP is asking about:
1) What is the minimum length of time a PR has to live in the US in order to become eligible to apply for naturalization?
2) How long can the PR remain outside the US and still maintain their PR?
The answre to the first one is that a PR who adjusted through marriage to a US citizen is eligible to apply 45months (3 yrs minus 90 days) after PR was approved assuming the PR meets the requirements for length of stay in the US. Everytime a PR remains outside the US for longer than 6months, the length-of-stay clock is restarted back to zero days, AFAIK.
The answer to the 2nd question is a bit more nebulous. The longer a PR remains living (or travelling) outside the US, they have a risk that their PR status could be considered abandoned by POE officer, even if they have a re-entry permit. However, let it be said that they are still a PR until an immigration judge says differently.
#19
Re: Just a few questions regarding the residency requirements
The answre to the first one is that a PR who adjusted through marriage to a US citizen is eligible to apply 45months (3 yrs minus 90 days) after PR was approved assuming the PR meets the requirements for length of stay in the US. Everytime a PR remains outside the US for longer than 6months, the length-of-stay clock is restarted back to zero days, AFAIK.
Also, the PR must still be married to, and living with the same USC who sponsored their AOS.
Last edited by nettlebed; Nov 19th 2008 at 1:02 am. Reason: Fix typo.
#21
Re: Just a few questions regarding the residency requirements
Why are they ****ed? As long as there was no intent. DH and I married on one of his visits (unplanned of course, June, 2007), found out he shouldn't leave country (2 weeks later by attorney), and we applied for green card (July, 2007), etc. He received EAD in less than 90 days (Sept., 2007) and his green card in less than 5 months from filing (Dec., 2007). Lucky for him he had a great solicitor and sisters in the UK to help him sort things out on that end for him in the meantime.