GC holder-want to sponsor spouse.but he may apply for L2 visa in future.

[naina123]

Hi,

I am a green card holder from 2004 and had applied for my US citizenship in 2010 which was rejected becuase of lack of 3 months. Ever since I had to be away from the US for personal reasons and am now looking to get back permanently.

I was looking to sponsor a green card for my spouse. SPouse has a b1\b2 visa from their company.

Question1: If i apply for spouse green card, will he have difficulty in applying for L1\L2 work visa in the near future before the GC arrives. The question being he is looking for his company transfer him to the United states and they only sponsor L1\L2 visa.

Question 2: I have to wait another 2 1/2 years before applying for US citizenship again, so should he wait for the same.

 

[Jackolantern]

I am a green card holder from 2004 and had applied for my US citizenship in 2010 which was rejected becuase of lack of 3 months.

What do you mean ... you didn't live for 3 months in the state or district before filing the N-400?

Ever since I had to be away from the US for personal reasons and am now looking to get back permanently.

Do you have a reentry permit? Or did you enter the US at any time in 2011? If the answers to both questions are NO, you'll probably lose your green card.

If i apply for spouse green card, will he have difficulty in applying for L1\L2 work visa in the near future before the GC arrives.

L1 and L2 visas allow immigrant intent, so having a green card petition won't hurt his chances for that visa. Note that he can only get an L1 visa, because L2 is for spouses and children of L1 holders.

Question 2: I have to wait another 2 1/2 years before applying for US citizenship again, so should he wait for the same.

Depending on how much time you've spent outside the US since you left in 2010, you might have to wait as late as 2015 or 2016 to be eligible for citizenship. So apply for your spouse's green card now; he might get the GC in the F2A category (which has a wait of just under 3 years) before you become a citizen.

 

[naina123]

thankyou for replying. I fell short of 3 months in the 30month eligibility for US citizenship. Yes I did enter twice in 2011.
After 2010, I have spent most of my time outside. Why would I have to wait for 2015. I was told by my lawyer once I return and work after 2 1/2,I can reapply. I assume it will then take care of 30months?

So spouse would not have issues applying for L1 even though his GC is being processed. I want to reconfirm that is what is being suggested.

Also,

What do you mean ... you didn't live for 3 months in the state or district before filing the N-400?


Do you have a reentry permit? Or did you enter the US at any time in 2011? If the answers to both questions are NO, you'll probably lose your green card.




L1 and L2 visas allow immigrant intent, so having a green card petition won't hurt his chances for that visa. Note that he can only get an L1 visa, because L2 is for spouses and children of L1 holders.


Depending on how much time you've spent outside the US since you left in 2010, you might have to wait as late as 2015 or 2016 to be eligible for citizenship. So apply for your spouse's green card now; he might get the GC in the F2A category (which has a wait of just under 3 years) before you become a citizen.

 

[Jackolantern]

thankyou for replying. I fell short of 3 months in the 30month eligibility for US citizenship. Yes I did enter twice in 2011.
After 2010, I have spent most of my time outside. Why would I have to wait for 2015. I was told by my lawyer once I return and work after 2 1/2,I can reapply. I assume it will then take care of 30months?

Your lawyer isn't telling you the full story. The 2.5 year requirement is for physical presence, but there is also the continuous residence requirement. A single trip abroad of over 6 months, or a long series of multiple trips close together (even if each individual trip is under 6 months) could result in denial of citizenship for breaking continuous residence. After breaking continuous residence, you have to wait 4 years* and 1 day (after returning to the US at the end of the last long trip) to be eligible to apply for citizenship.

So spouse would not have issues applying for L1 even though his GC is being processed. I want to reconfirm that is what is being suggested.

That is correct. However, he may be unable to use the B1/B2 again.


*2 years and 1 day for people married to a US citizen, but that obviously doesn't apply in your case.

 

[naina123]

1. but my US citizenship app in 2010 was not rejected for continous presence as I had sufficient at that time. It was rejected for physical presence requirement for 30months.

Are you meaning to say that when I do return for 2.5years and reapply, I can get rejected on grounds of continous residence as i have made multiple trips less than 6 months though?

2. Spouse cannot use b1\b2 visa while I have applied for his GC and while he is waiting to get it? This doesnt sound right as he already has a b1\b2 issued. Can you please help clarify this pt.

Your lawyer isn't telling you the full story. The 2.5 year requirement is for physical presence, but there is also the continuous residence requirement. A single trip abroad of over 6 months, or a long series of multiple trips close together (even if each individual trip is under 6 months) could result in denial of citizenship for breaking continuous residence. After breaking continuous residence, you have to wait 4 years* and 1 day (after returning to the US at the end of the last long trip) to be eligible to apply for citizenship.



That is correct. However, he may be unable to use the B1/B2 again.


*2 years and 1 day for people married to a US citizen, but that obviously doesn't apply in your case.

 

[Jackolantern]

1. but my US citizenship app in 2010 was not rejected for continous presence as I had sufficient at that time. It was rejected for physical presence requirement for 30months.

Are you meaning to say that when I do return for 2.5years and reapply, I can get rejected on grounds of continous residence as i have made multiple trips less than 6 months though?

Yes, you can be denied for breaking continuous residence with your multiple trips since 2010, depending on the length of the trips, how close they were to each other, and your ties to the US during those trips (did you keep your house/apt, car, bank accounts, etc. in the US and file taxes when abroad).

2. Spouse cannot use b1\b2 visa while I have applied for his GC and while he is waiting to get it? This doesnt sound right as he already has a b1\b2 issued. Can you please help clarify this pt.

B1/B2 are not supposed to enter the US with immigrant intent, and having a valid B1/B2 is not a guarantee of being allowed to enter the US. Being married to a GC holder or US citizen who has filed an immigrant petition is a strong sign of having immigrant intent, so if the officer at the POE realizes he is married and that a petition was filed for him the officer will probably refuse entry.

It is also possible that when he goes to the embassy to interview for the L1 visa, they may cancel the B1/B2 when they realize he is married to a GC holder. However, such cancellation would not affect his ability to get the L1, as the L1 allows immigrant intent.

 

[naina123]

re

Yes, you can be denied for breaking continuous residence with your multiple trips since 2010, depending on the length of the trips, how close they were to each other, and your ties to the US during those trips (did you keep your house/apt, car, bank accounts, etc. in the US and file taxes when abroad).


B1/B2 are not supposed to enter the US with immigrant intent, and having a valid B1/B2 is not a guarantee of being allowed to enter the US. Being married to a GC holder or US citizen who has filed an immigrant petition is a strong sign of having immigrant intent, so if the officer at the POE realizes he is married and that a petition was filed for him the officer will probably refuse entry.

It is also possible that when he goes to the embassy to interview for the L1 visa, they may cancel the B1/B2 when they realize he is married to a GC holder. However, such cancellation would not affect his ability to get the L1, as the L1 allows immigrant intent.

-Thank you for all your responses. So you advise I get back and reapply after 4 yeas and 1day?
Also, spouse can apply for L1 visa but cannot apply for H1 visa during the time I have filed for his green card as it has the chance of getting rejected. How long is the wait period if I apply for spouse GC from outside the United States.

 

[Jackolantern]

-Thank you for all your responses. So you advise I get back and reapply after 4 yeas and 1day?

If you want to become a US citizen, yes. What is your travel pattern like since you left in 2010? Remember the 4 years starts counting at the end of your last long trip. If you're still taking long trips, that could make the 4 year clock start counting in 2012 instead of 2010.

Also, spouse can apply for L1 visa but cannot apply for H1 visa during the time I have filed for his green card as it has the chance of getting rejected.

H1B also allows immigrant intent, so the marriage and green card application won't cause the H1B to be rejected.

How long is the wait period if I apply for spouse GC from outside the United States.

About 3 years. But if he gets an H1B or L1 visa, he can be working in the US while waiting out the 3 years.