Greencard for married daughter and her family

jaysonT

New Member
I am a US citizen. My daughter is over 21 and is married with 3 children. They are Australian citizens. I completed filling I-130 and I-864, and we are now awaiting the final stage of the visa approval. I have two questions that I need help on please:

1) Green card availability - does my daughter, her husband, and her children have green card available immediately as their arrival to the US at the end of this process? If not, when and how could they obtain their green cards?

2) What conditions do they have to meet to maintain their green cards? My daughter has some business in Australia that might require her to spend a long period of time there at times.

I appreciate any inputs.
 
When did you apply for them? Are their priority dates current? And what is the "final stage of visa approval"? Green card for 3FB category is getting currently those, whos petition was submitted 9 years back (BEFORE 08OCT00). Is that when you submitted application for green card for her? If not she'll have to maintain the legal status in US until PD becomes current.
 
I applied petition for her back in 2000. We recently were requested to file the I-864 form, and now the visa center requests my daughter to pay the fee ($400/person) for them to continue their assessment.
 
They must make the US their residence. Absences must be for short periods. It is possible to file for a reentry permit for extended absence. Extended absences create a problem when filing for citizenship.

Before making the commitment, they should read and understand the rights and responsibilities of US permanent residency.
 
I applied petition for her back in 2000. We recently were requested to file the I-864 form, and now the visa center requests my daughter to pay the fee ($400/person) for them to continue their assessment.

Oh, great! As far as I know they should get an interview in consulate and if approved - a stamp in passport and then usually the actual GC comes in month or so. As long as all docs are fine and no violations they'll be approved. However they have to spend most of the time in US. I heard that US became more strict on checking the time outside. The best scenario for your daughter would be to wait for citizenship, and then she can do what ever she wants to.
 
At the consulate they will get immigrant visas - not stamps. Their plastic GCs will arrive within 6 months of their entering the US with immigrant visas. Before they arrive, an endorsement in their visas will serve as a proof of their permanent residency for a year.

They must reside in the States in order to keep their GCs.
 
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Thanks for the info. Just to confirm, does this mean I do not need to fill out any other form for their green cards? and their green cards will arrive within 6 months AFTER their arrival to the US?

I heard that they will be eligible to apply for US citizens 5 years after their arrival. Can somebody comment on this? Is there any regulation on the amount of time they could spend outside of the US during this 5 year period?

Thanks,
 
They should spend 30 months in the last 60 months inside USA including the last 3 months before applying for N-400 Citizenship. At no time away stay should exceed 6 months or calendar resets back to 0, unless a re-entry permit is obtained in advance of such a foreign trip once in GC lifetime. This was the scenario when I did mine 2 years back.
 
They should spend 30 months in the last 60 months inside USA including the last 3 months before applying for N-400 Citizenship. At no time away stay should exceed 6 months or calendar resets back to 0, unless a re-entry permit is obtained in advance of such a foreign trip once in GC lifetime. This was the scenario when I did mine 2 years back.
However, the reentry permit does not preserve citizenship eligibility.
 
Thanks for the info. Just to confirm, does this mean I do not need to fill out any other form for their green cards?
Depending on the papers that have already been sent in, there may or may not be more paperwork for them (not you) to do before going to the consulate. However, once approved at the consulate, that's it.
and their green cards will arrive within 6 months AFTER their arrival to the US?
Usually less than 2 months.
I heard that they will be eligible to apply for US citizens 5 years after their arrival. Can somebody comment on this? Is there any regulation on the amount of time they could spend outside of the US during this 5 year period?
Download the Guide To Naturalization. Requirements can be complicated as there are various exceptions and room for interpretation, but the general rules whittled down to few sentences are:
- Be physically inside the US for at least 2.5 years total out of the last 5 years prior to applying for citizenship

- Reside primarily in the US for the 5 years prior to citizenship and continue to do so throughout the citizenship process. Generally this means no single trips outside the US of 6 months or more, and no extended series of consecutive trips each under 6 months (for example, trying to game the system with multiple trips outside the US of 5 and a half months each with only a few days in between).

- Be of good moral character. Generally this means committing no felonies EVER, and no offenses worse than traffic violations or very trivial nonviolent misdemeanors during the past 5 years (this part gets really complicated as there is a ton of legal literature surrounding which offenses would disqualify one from citizenship and which don't, so I won't get into the details here).

- Pay all applicable taxes.

- In order to get a headstart on the processing, applicants can apply for citizenship 90 days before reaching the 5 year mark, but cannot be actually granted citizenship until fully completing the 5 years.

Like I said before, those are just the general rules applicable to most people. There are exceptions to the above such as being married to a US citizen for 3 years, or being in the US military (the 5 year or 3 year waiting period doesn't apply if they've served in active duty), and more. But nearly all the unmentioned exceptions are about how to get approved despite violating one or more of the general rules, not exceptions that would make you get denied despite fulfilling the above rules.
 
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