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Just a few questions regarding the residency requirements

Just a few questions regarding the residency requirements

Old Nov 7th 2008, 10:48 pm
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Default Just a few questions regarding the residency requirements

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? Thanks in advance.

Last edited by nateusa; Nov 7th 2008 at 10:51 pm.
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Old Nov 7th 2008, 10:55 pm
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Default Re: Just a few questions regarding the residency requirements

Your statement of the "facts" is almost unintelligible.
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Old Nov 7th 2008, 11:06 pm
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by nateusa
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? Thanks in advance.
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.

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Old Nov 7th 2008, 11:40 pm
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by Noorah101
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
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?

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?
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Old Nov 8th 2008, 12:23 am
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Default Re: Just a few questions regarding the residency requirements

Anyone???
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Old Nov 8th 2008, 12:37 am
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by nateusa
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.
OK, I'm going to assume the forms you are referring to are her AOS forms, so that she can stay here in the USA right now and get a green card.

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?
Leave to go where? No, she should NOT leave the USA until she has her AP in hand, which is the travel document. If she overstays the VWP, I would suggest not leaving at all until she has her green card in hand.

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?
As I explained to you, this is a complicated and grey area here. Although you mention "meeting the residency requirements for each year" (as it pertains to getting her citizenship), you should actually be MORE concerned with whether spending 6 months of her time each year outside the USA will result in her losing her green card. What is her reason for only living half her time in the USA? You need to consult an attorney with this particular question, and make sure you pick one that has experience in "abandonment of permenant residency".

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Old Nov 8th 2008, 2:26 am
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Default Re: Just a few questions regarding the residency requirements

You repeated filing a form ...do you really meant multi forms
as is required ..
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Old Nov 8th 2008, 5:18 am
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by nateusa
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?
Do you mean she plans to live somwhere other than the US for 6 months each year?
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Old Nov 8th 2008, 6:54 pm
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by nateusa
I am an American and she is a Brit.
If you want information you *NEED* to actually answer the questions that are being asked... not simply add vague information.


She is here on a visa waiver program...
Were you married prior to her entering the US on the VWP?


She only has 15 more days left on the 90 days that are allowed on her visa waiver.
Did she enter the US knowing in advance that you were going to file the papers to adjust her status?


Does she have to leave as her form is being processed?
Exactly what forms did you file. You're a smart guy, so you kept photocopies of everything, right? You know what forms exactly you sent to Chicago, right? Well... what were they?

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Old Nov 9th 2008, 1:45 pm
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by nateusa
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?
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)??

Originally Posted by nateusa
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?
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.
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Old Nov 11th 2008, 12:30 am
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by sunflwrgrl13
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.
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
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Old Nov 11th 2008, 1:24 am
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by nateusa
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
She should NOT leave the USA while her AOS is processing. She will be overstaying her VWP, there is no way around it.

I still don't fully understand your second question. What exactly do you mean by "residency requirements"? To put it very basically, the requirement for a green card holder is that they must live permanently in the USA. Their permanent residence must be in the USA. They are allowed to be outside the USA for trips or other reasons, but there is no definite rule on how long a PR can remain outside the USA without losing PR status.

There is also the issue of keeping continuous physical presence for naturalization purposes. I cannot tell which one you are talking about when you say "residency requirements". Do you mean as it applies to her keeping her green card? Or as it applies to her future naturalization?

It is not possible to say "it's OK to be out of the USA for X number of days, weeks, months", because each case is so different. There is no ONE rule on this which applies to everyone.

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Old Nov 11th 2008, 1:24 am
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by nateusa
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
What we have here, is a failure to communicate.

Let's start with step one.
Your wife has applied to become a Permanent Resident of the US. Note the words "Permanent" and "Resident".

While her application I-485 is pending, she has permission to remain in the US. Even if her I-94 date/VWP admission expires. She will have the receipt letter as proof of her 'status' here, and eventually, a work permit (EAD) and travel document (AP) to use until she gets her Green Card.

Skip forward to her having her Green Card in her hand. She is now a Permanent Resident of the US. Which means that she lives in the US, forever. Or at least, permanently.
Now, what do you mean by 'fulfill the residency requirement'?
She is required to be resident (there's that word again) permanently.

Maybe it would be easier for you to say what you two WANT to do and people can explain if it is allowed or what you need to do differently.
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Old Nov 11th 2008, 1:31 am
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by nateusa
Does this mean she has to leave as those forms are being processed...
Once you have the USCIS receipt showing that you filed, she can remain in the US. Realize though, that if the application is denied, there is *no* appeal process whatsoever. Full stop. End of story. This is the risk you take when entering on the visa waiver.


Thirdly how long do you have to stay in the USA to fulfill the residency requirements.
Residency requirements for what? Realize, that "stay" is not the same thing as "live"... the first implies a visit, the second is quite a bit more permanent. You continue to ask vague questions. You must be specific if you want a meaningful response.

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Old Nov 18th 2008, 1:52 pm
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Default Re: Just a few questions regarding the residency requirements

Originally Posted by nateusa
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.
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.
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