6 months req - Is it valid for spouse too?

L

LiveAndLetLive

Registered Users (C)
I did not find my question answered anywhere (may be I did not google it correctly).

Here is the scenario

I am the primary for the 485 petition. I have left my sponsoring employer 10 months after 485 and after 140 was approved (satisfying both the AC21 requirements). I have not notified USCIS that I will be taking refuge under provision AC21. I am still in very good terms with my sponsoring employer. Both me and my spouse get our GC approved.

Both me and my spouse stay in US for 5 years, satisfying all the residency requirement (home in US, files taxes etc). 5 Years down the line, only my spouse applies for citizenship (I do not apply). Will my spouse have any problems because I did not work for my employer after GC? My spouse is a derivative applicant. Is there any rule for derivative applicants that if the primary has left the sponsorer immediately or before GC was approved, then derivative's intent is also questioned?

Please share your thoughts.
 
JoeF said:
Your spouse is not going to have problems. It wasn't the spouse who had the requirement.
Since you used AC21, you are ok as well.
Click to expand...

WHY NOT?? With your logic if primary applicant can have problems because changing jobs soon after GC then derivated GC holders are in trouble too. :D :D


LiveAndLetLive,
You are fine buddy, don't worry be happy
 
JoeF said:
Your spouse is not going to have problems. It wasn't the spouse who had the requirement.
Since you used AC21, you are ok as well.
Click to expand...

Well I used AC21 but never formally notified USCIS about it. Since the provision of AC21 does not mandate that USCIS be notified.

So you think my spouse should be good for citizenship
 
LiveAndLetLive said:
Just wanted to check what your thoughts are about this issue?
Click to expand...

My opinion is no different from TheRealCanadian or JoeF who already replied long time back.
 
You must log in or register to reply here.
Top