Originally Posted by nateusa (Post 6951604)

Hello all! I just have a quick question. Me and my wife are both in the USA and her form is currently being processed here. The questions I have are; her visa waiver expires in 15 days, does this mean she receives an automatic extension on it because her form is being processed? And once her form is approved, if she wants to keep her green card how long is she required to stay in the US each year to meet the 'residency requirement' before the four year period when she becomes eligible for US citizenship. For example does she have to stay 6 months each year or once her form is approved and she stays here for six months after, she can leave and come back as she pleases?:confused: Thanks in advance.

Originally Posted by Noorah101 (Post 6951646)

This sounds more marriage-based, so I moved it.

Where are you and your wife both from?

What form are you referring to?

There are no extensions given to the VWP.

If your wife receives a green card, it means her permanent residence is in the USA, and she must live in the USA. She can take trips outside the USA, but it's not counted in days or weeks or months. She must LIVE in the USA, and any time she's abroad it must be temporary. The area of permanent residency abandonment is a grey area and is dealt with on a case-by-case basis, depending on your own unique situation. It's not as clear-cut as you say.

Your "quick question" is not an easy one, and it has a very long answer. If you are concerned with her ability to actually live in the USA after receiving her green card, you should consult with an immigration attorney.

Rene

Originally Posted by nateusa (Post 6951705)

I am an American and she is a Brit. She is here on a visa waiver program but she has already stayed here 9 weeks in the US. I recently sent out her forms to Chicago.

Originally Posted by nateusa (Post 6951705)

And my second question is. Assuming everything goes well, during the four years before she obtains her citizenship can she leave US for say 6 months and still meet the residency requirements for the each year?

Originally Posted by nateusa (Post 6951705)

I am an American and she is a Brit.

Originally Posted by nateusa (Post 6951705)

I am an American and she is a Brit. She is here on a visa waiver program but she has already stayed here 9 weeks in the US. I recently sent out her forms to Chicago. She only has 15 more days left on the 90 days that are allowed on her visa waiver. Does she have to leave as her form is being processed?

Originally Posted by nateusa (Post 6951705)

And my second question is. Assuming everything goes well, during the four years before she obtains her citizenship can she leave US for say 6 months and still meet the residency requirements for the each year?

Originally Posted by sunflwrgrl13 (Post 6955678)

If she entered the US with the intent to marry you and remain here and file Adjustment of Status, you should be aware this is illegal.

To help you any futher, we need to know what forms you filed on your wife's behalf. Was it only the I-130, or was it the full Adjustment of Status pkg (I-485, I-130, I-1864, I-765, I-131)??



Each time she leaves the US for a period of 6months, it re-starts her citizenship clock. Becoming a US PR requires the US is the new immigrants primary residence. If she leaves every 6 months, for a 6month period, she may not be able to become a citizen anytime soon, because USCIS may not see her as primarily living in the US and deny the application.

By the way, as the spouse of a US citizen she is eligible to apply for citizenship 3 years (minus 90 days) after she becomes a US PR. I don't know why you keep saying 4 years.

Oh, and as others have said, there is no such thing as VWP extension. If you have only filed the I-130, then your wife will need to return back to Britain while the I-130 is processing, otherwise she will incur a visa overstay which will complicate your application. And since she stayed the full 90 days, I wouldn't recommend her coming back to visit anytime soon since the rule of thumb is to spend as much time outside the US as you do inside the US.

Originally Posted by nateusa (Post 6960438)

First off we didn't plan on staying here permanently hence the reason for filing my wife's application two months after arriving to the USA. Secondly, it was the the full Adjustment of Status pkg (I-485, I-130, I-1864, I-765, I-131) we filed and have sent out. Does this mean she has to leave as those forms are being processed because she only has 15 days left through her visa waiver? Thirdly how long do you have to stay in the USA to fulfill the residency requirements.

Thanks in advance

Originally Posted by nateusa (Post 6960438)

First off we didn't plan on staying here permanently hence the reason for filing my wife's application two months after arriving to the USA. Secondly, it was the the full Adjustment of Status pkg (I-485, I-130, I-1864, I-765, I-131) we filed and have sent out. Does this mean she has to leave as those forms are being processed because she only has 15 days left through her visa waiver? Thirdly how long do you have to stay in the USA to fulfill the residency requirements.

Thanks in advance

Originally Posted by nateusa (Post 6960438)

Does this mean she has to leave as those forms are being processed...

Originally Posted by nateusa (Post 6960438)

First off we didn't plan on staying here permanently hence the reason for filing my wife's application two months after arriving to the USA.