Green Card Holder Wife Lives Abroad ?

[handxx]

Hi folks,

I have several questions regarding my wife's situation so if you can give me your opinion I really appreciate your help. My wife obtained her GC through our marriage, I am an US citizen. She still has the conditional GC which will expire this coming Aug 2012. Currently, we are living abroad because of my job. We got her a travel document before we moved to overseas so she has a valid travel document until July 2012.

My first question is what steps she has to take in order to get a regular, unconditional ( not sure with the term) greencard ? I believe she can apply 3 months before her conditional GC expires. Do I have to be also in US with her or she can apply by herself ?

Second question is she needs to reapply for the travel document again, can she reapply while she is applying for an unconditional GC ? I believe she needs to be present in US in order to give fingerprints.


Last question is currently I am working for an American company in overseas. I got this job after we moved to this country. Is it possible for my wife to count the days in this country towards her citizenship ?


If you can enlighten us , we really appreciate , thanks in advance.

 

[Jackolantern]

To renew the travel document (reentry permit), she must be in the US when submitting the renewal application (including when USCIS receives it), and again for fingerprinting.

I believe she can apply 3 months before her conditional GC expires.

She can apply to remove conditions (I-751) anytime from 90 days before expiration until the expiration date itself. She can send the I-751 when still abroad, but she must be in the US for fingerprinting, and also for the interview (if there is an interview). You don't have to be in the US at any time during the I-751 process, unless there is an interview (note that most I-751s are approved without an interview).

Last question is currently I am working for an American company in overseas. I got this job after we moved to this country. Is it possible for my wife to count the days in this country towards her citizenship ?

Depending on the nature of your employment, she might qualify for expedited citizenship under Section 319(b). Read more about it and try to figure out if she would qualify: http://www.ilw.com/articles/2006,0525-mehta.shtm

If she can't or won't obtain citizenship under 319(b), her citizenship eligibility will be greatly delayed because of the extended periods of time she has been spending outside the US, unless she can qualify sooner based on some other condition (e.g. if she is in the US military).

 

[BigJoe5]

Hi folks,

I have several questions regarding my wife's situation so if you can give me your opinion I really appreciate your help. My wife obtained her GC through our marriage, I am an US citizen. She still has the conditional GC which will expire this coming Aug 2012. Currently, we are living abroad because of my job. We got her a travel document before we moved to overseas so she has a valid travel document until July 2012.

My first question is what steps she has to take in order to get a regular, unconditional ( not sure with the term) greencard ? I believe she can apply 3 months before her conditional GC expires. Do I have to be also in US with her or she can apply by herself ?

Second question is she needs to reapply for the travel document again, can she reapply while she is applying for an unconditional GC ? I believe she needs to be present in US in order to give fingerprints.


Last question is currently I am working for an American company in overseas. I got this job after we moved to this country. Is it possible for my wife to count the days in this country towards her citizenship ?



If you can enlighten us , we really appreciate , thanks in advance.

Ever heard of INA section 319

(b) Any person,

(1) whose spouse is

(A) a citizen of the United States,

(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomin ation having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and


(C) regularly stationed abroad in such employment, and

(2) who is in the United States at the time of naturalization, and


(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

A person qualified under this section does not have to lift conditions at all.

IF she does not qualify under INA 319(b), THEN she and you have to return tot he U.S. and complete the I-751 interview.

8 CFR 216.4 (a)

(4) Physical presence at time of filing. A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petitioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in §211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in §216.4(b). An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with §235.11 of this chapter.

 

[kaiouji]

bump,

I am also in a similar situation but I am working as a teacher in Korea. My wife is removing her conditional green card status, and we have to fill out an I-751.