Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Just a few questions regarding the residency requirements

Just a few questions regarding the residency requirements

Old Nov 18th 2008, 2:32 pm
  #16  
The Wee Wifey
 
LynannC's Avatar
 
Joined: Mar 2008
Location: Treasure Coast, Florida
Posts: 167
LynannC has much to be proud ofLynannC has much to be proud ofLynannC has much to be proud ofLynannC has much to be proud ofLynannC has much to be proud ofLynannC has much to be proud ofLynannC has much to be proud ofLynannC has much to be proud ofLynannC has much to be proud ofLynannC has much to be proud ofLynannC has much to be proud of
Default Re: Just a few questions regarding the residency requirements

Originally Posted by Duncan Roberts
This seems like it could be a scary statement but you need to answer a question. When and where did you get married? From what you say it sounds like you were married when she came in on the VWP. If that's true, you're basically ****ed.
It may not be that bad. I have a friend who got married in the UK and came over on the VWP just a few weeks later. She then left after filing the AOS package and re-entered 10 days later and had to refile a new AOS package. She was granted her green card on 5th November in Nashville,TN. I was shocked as she had shown proof of intent by attaching the receipt from the first application to the second one, but she did get away with it.

It is certainly a gamble, as it could go either way. Some people do get away with it though.

Lyn
LynannC is offline  
Old Nov 18th 2008, 3:59 pm
  #17  
All or Nuffin'
 
Archibald_Leach's Avatar
 
Joined: Jan 2008
Location: Longview WA
Posts: 47
Archibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of lightArchibald_Leach is a glorious beacon of light
Default 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,
Archibald_Leach is offline  
Old Nov 18th 2008, 5:31 pm
  #18  
Lost in BE Cyberspace
 
Bluegrass Lass's Avatar
 
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Bluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond repute
Default Re: Just a few questions regarding the residency requirements

Originally Posted by Archibald_Leach
"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.
Oh, that information applies to anyone who is a Permanent Resident. It is highly recommended to apply for a re-entry permit if the PR plans on remaining outside the US for 1 year or more, and I've even seen it recommended for a 6month or more trip.

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.
Bluegrass Lass is offline  
Old Nov 19th 2008, 1:02 am
  #19  
Shocked of Redmond
 
nettlebed's Avatar
 
Joined: Feb 2005
Location: Redmond, WA
Posts: 3,446
nettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond reputenettlebed has a reputation beyond repute
Default Re: Just a few questions regarding the residency requirements

Originally Posted by sunflwrgrl13
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.
Make that 33 months, not 45.

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.
nettlebed is offline  
Old Nov 19th 2008, 2:14 pm
  #20  
Lost in BE Cyberspace
 
Bluegrass Lass's Avatar
 
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Bluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond repute
Default Re: Just a few questions regarding the residency requirements

Originally Posted by nettlebed
Make that 33 months, not 45.

Also, the PR must still be married to, and living with the same USC who sponsored their AOS.
Whoops..bad math! I think I was suffering from the after-lunch snooze!
Bluegrass Lass is offline  
Old Nov 19th 2008, 2:23 pm
  #21  
Queen of my house
 
tamms_1965's Avatar
 
Joined: Aug 2007
Location: Ohio
Posts: 5,043
tamms_1965 has a reputation beyond reputetamms_1965 has a reputation beyond reputetamms_1965 has a reputation beyond reputetamms_1965 has a reputation beyond reputetamms_1965 has a reputation beyond reputetamms_1965 has a reputation beyond reputetamms_1965 has a reputation beyond reputetamms_1965 has a reputation beyond reputetamms_1965 has a reputation beyond reputetamms_1965 has a reputation beyond reputetamms_1965 has a reputation beyond repute
Default Re: Just a few questions regarding the residency requirements

Originally Posted by Duncan Roberts
This seems like it could be a scary statement but you need to answer a question. When and where did you get married? From what you say it sounds like you were married when she came in on the VWP. If that's true, you're basically ****ed.
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.
tamms_1965 is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.