Relinquishing Resident Status

[akmh123]

Hello all,

A few weeks ago I started the process of becoming a citizen. I already received my Fingerprint Appointment and if everything goes well I should be a citizen if a few months. After this I wil send the I-130, I-485 and I-765 for my husband. My husband came into US through the Visa Waiver Program and, after we got married, he overstayed and is now out of status.

Here's my question: After he gets his Green Card, if we decide to move back to his home country at any point in the future, I know he would have to relinquish his Resident Card. Even if we move abroad, I still have family in the US, so obviously I want to come and visit once or twice a year. I know I would not have a problem coming back as many times as I want, but I understand he would have to apply for a non immigrant visa. Since he overstayed (that is one of the questions asked in the b2 visa application), what are his chances of getting his b2 approved? (Need to prove strong ties to his country and staying there after?)

Would it be better if we just apply for an I-131 and come back for a few weeks every 6 months or so? Will they realize that my husband does not reside in the US?

thanks in advance for your help

 

[Jackolantern]

After obtaining his green card, he can become a citizen in 3 years, assuming you get citizenship soon and he stays married to you. Once he gets US citizenship he can go back and forth as much as he wants and they cannot exclude him from entering the US.

 

[akmh123]

Thank you for your quick response Jackolantern. The only issue here is that we are seriously considering moving abroad aproximately 8 or 9 months after he gets his residency. How long does he have to stay in the US (show presence) to be able to apply for his citizenship?

PS: What if he doesn't want to give up his home country citizenship? Cand he have both?

Thanks again

 

[Jackolantern]

Thank you for your quick response Jackolantern. The only issue here is that we are seriously considering moving abroad aproximately 8 or 9 months after he gets his residency.

What's the use of getting the green card only to give it up so quickly?

How long does he have to stay in the US (show presence) to be able to apply for his citizenship?

He must be in the US for 18 months out of 3 years, with no absences of 6 months or more. There are ifs and buts to that ... keeping each trip under 6 months isn't always safe, and a trip over 6 months isn't an automatic disqualification ... but 18 months in 3 years is the general rule for marriage-based cases.

PS: What if he doesn't want to give up his home country citizenship? Cand he have both?

He can have both if his original country will allow him to keep both. The US won't block him from keeping both.