Would this situation works ?

K

kissc00l

New Member
Hi everyone and thank you for reading,

I"m posting here to hear about people who went through the naturalization process and tell me if my situation is OK to apply as well.

My wife and I are both french.
I got my H1B 4 year ago and renewed it once (1 year ago). I planned on applying for a green card, but due to my lack of past work experience outside of my current company. I cant.

My wife, on the other hand, had a green card for about 10 years now. She is french as well. She was married to a US citizen and got divorce 4 or 5 years later. We got married a year ago, many years since she was divorced. She almost applied for citizen 4 years but did followed through.

The company's lawer is advising :
1 - My wife becomes US citizen
2 - I file for green card afterward

Questions:
- Is this situation plausible?
- Is my wife taking any risk ? could she lose her green card?
- Beside the timing issue, can this work for the both of us?

Thank you for your answer
 
Yes, it is very possible. However, the marriage must be genuine and real (which I'm not doubting, just letting you know that USCIS looks at that for benefits derived from spouses). After she becomes a USC she will not have any issues sponsoring you.
 
Thanks for your prompt answer.
The marriage is completely genuine. She is 12 year older than I am but we cant leave without each other :)

I'm going through different forum like this one because my wife is worry and dont want to loose everything ... and I dont know what to tell her. It makes me sad.

Any experience / advice you could share to help me?

BTW. Congratulation on your recent naturalization - based on your signature
 
kissc00l said:
Thanks for your prompt answer.
The marriage is completely genuine. She is 12 year older than I am but we cant leave without each other :)
Click to expand...

Like I said, I'm not doubting that, just letting you know that USCIS will consider that side when dealing with GC-sponsorship from a spouse.

I'm going through different forum like this one because my wife is worry and dont want to loose everything ... and I dont know what to tell her. It makes me sad.
Click to expand...

Tell her that she has nothing to worry about. Once she becomes a US Citizen, everything will be easier for the both of you. She can sponsor you without any repercussions for her citizenship. You will first get a conditional GC and then after 2 years I believe, you can apply to remove the conditions on your GC. After 3 years of you having the GC and while you are still married and living with your wife, you can apply for citizenship yourself. Your application for citizenship will be your - not her - application. Should you hypothetically fail to get your citizenship because of failing the test or not meeting some conditions, neither she nor you will have any consequences.

Just make sure to have as much proof of your marriage as possible. That includes, but is not limited to, bills under both your names, joint health insurance, joint tax filings, photographs, etc.


BTW. Congratulation on your recent naturalization - based on your signature
Click to expand...

Thank you very much. :)
 
Thanks again.

As you said, it is once she become USC ...
but this is where she the most worry. She worries about losing everything because her motivation, even though legal, are based on helping me getting the green card.

Once she is USC, she clearly has nothing to worry.
 
When she applies for citizenship, she is applying because she wants to. Remember that, and, though I doubt she'll be asked about her intent, that's what she should say. It has nothing to do with sponsoring you. You can worry about you after she becomes a citizen. Until then, it's about her. No worries.
 
Every day people apply for citizenship so they can sponsor their spouse for a green card. USCIS knows this, and there is nothing wrong with it.

It is acceptable to apply for a green card for the purpose of staying together as a married couple. The problem is with the other way around; getting married for the purpose of obtaining a green card.

In your case, since you have already completed one year of marriage, and you are already living and working in the US legally, and it will be at least a few months until she obtains citizenship, I would suggest trying to time things so you'll directly get a 10-year unconditional green card.

If your green card interview happens at a time when you have completed less than 2 years of marriage, they'll give you a 2-year conditional card, then you'll have to apply again to get the 10-year card, with more paperwork and fees and waiting and hassle that goes along with it (including proving again that you have a bona fide marriage). If she applies for citizenship now, when she becomes a citizen you would have completed about 1.5 years of marriage (maybe more, maybe less depending how long they take to process it, but that's a reasonable estimate). So if you wait just a little bit more and apply for your green card when you have completed 1 year and 9 months or more of marriage, you are practically guaranteed to have the interview at or after your 2 year anniversary, which would result in directly being granted the 10-year card.
 
thank you for your answers. I do appreciate your time and quality of reply.
I'll keep watching this thread.
 
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