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London2SFrancisco

Husband of a US Citizen on Green Card

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hi All,

This inquiry is for my father-in-law. My mother-in-law came to the US via Diversity visa program. Now she and her rest of the family are US citizens except my father-in-law. He has been taking permissions and extending green card for the last 10 years.

Question: Now that his wife (my mother-in-law) is a US citizen, will my father-in-law be considered as the husband of the US citizen and can apply for naturalization once he has stayed "3" years in the US instead of 5 years?

If so, will he need to apply for any special permission to get his green card application to the spouse of US citizen track from spouse of green card holder status?

Also, for a year to be counted in the US, i know he needs to stay at least 6 months. Can he stay 2 months, 2 months, 1 month and 1 month in 5 separate occasions within the year and get the year counted?

Thanks,

Appreciate all your help.

P.S. I hope this is the right section to put this, moderators please redirect the post if it belongs somewhere else.

Edited by London2SFrancisco
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Is he actually living in the US?

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: K-1 Visa Country: United Kingdom
Timeline

He comes in every year before the extension expires and apply for extension. Once he receives an extension he travels back to his original country. Currently he is in the US. He has received an extension of 8 months this time. He will leave soon and return to the US before the expiration. He travels back due to his job there.

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England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: K-1 Visa Country: Wales
Timeline

When does he intend to move to the US?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I'm unsure as to what you mean by extension.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: K-1 Visa Country: Wales
Timeline

Diversity visa is usually for 5 yrs. Since then it needs to be extended every year as he stays outside us more than 6 months every year.

No time limitation on DV

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: United Kingdom
Timeline

There's either something I'm not understanding or extension doesn't mean what you think it means.

Once someone enters on an immigrant visa (DV or any other type) they become a permanent resident and receive their green card in the mail. It sounds like he has his green card and is trying to jig the system by actually living somewhere else but wants to still maintain his LPR status at the same time.

This is allowed by USCIS and hence they allowed him and is still allowing him to maintain his green card for the last 10 years. Looks like you do not know and probably have no idea about it. That is fine. However, please do not comment when you have no understanding of the matter. Help if you can, please do not misguide or create more confusion. Thank you.

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Filed: K-1 Visa Country: United Kingdom
Timeline

Thank you Nich-Nick.

Do you have answer to the question on stay of 6 months in segments within the year? Really appreciate your help.

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Filed: K-1 Visa Country: Wales
Timeline

This is allowed by USCIS and hence they allowed him and is still allowing him to maintain his green card for the last 10 years. Looks like you do not know and probably have no idea about it. That is fine. However, please do not comment when you have no understanding of the matter. Help if you can, please do not misguide or create more confusion. Thank you.

I am intrigued, could you be more specific?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from Bring.USC Fam.Members to USC General Membership Discussion Forum~

~Likely a more reasonable forum for discussion~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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