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Good evening to everyone,

 

I hope some of you could give me your thoughts and advice about my girlfriend's situation:

 

She's a permanent resident. She was born in Mexico, but her dad got a sponsored job and took them with him. She studied, elementary and middle school in the US and then came back to Mexico to finish the last year of High school and started a Bachelor's degree here. 

 

When she left to start University in Mexico, she had (if I'm not pretty sure) a H4 visa, being sponsored by her dad, and after a few years being enrolled in university, her dad got the green card for all his family. She usually traveled every 4-6 months back to the US for a few days in order of keeping that status. After ending university she worked a few months here in Mexico, and she moved back to the United States about a month ago, and she's actually living and working in Corpus Christi TX. We met in our career last year and we have been a couple for 19 months, and we're willing to get married ASAP. She's also being able to apply for citizenship in November of this year. She and her family have never had any kind of trouble in the border because of living abroad.

 

My questions are:

 

1. With her history of being outside the US, and not having a work history, credit history or a valid US high school diploma, is it reliable applying right now for a spouse visa?

2. If not because of her situation, how much would you recommend us to wait?

3. What kind of actions would benefit our situation (like asking her to work for a couple more months, renting an appartment for a few months)?

4. Is it safe or high risk for her applying for a citizenship by the beginning of 2020?

5. Could they know by investigating our relationship that she lived all these years in Mexico putting her at risk of loosing her Residency?

 

For your time and advice, Thank you in advance.

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9 minutes ago, Charles9245 said:

Good evening to everyone,

 

I hope some of you could give me your thoughts and advice about my girlfriend's situation:

 

She's a permanent resident. She was born in Mexico, but her dad got a sponsored job and took them with him. She studied, elementary and middle school in the US and then came back to Mexico to finish the last year of High school and started a Bachelor's degree here. 

 

When she left to start University in Mexico, she had (if I'm not pretty sure) a H4 visa, being sponsored by her dad, and after a few years being enrolled in university, her dad got the green card for all his family. She usually traveled every 4-6 months back to the US for a few days in order of keeping that status. After ending university she worked a few months here in Mexico, and she moved back to the United States about a month ago, and she's actually living and working in Corpus Christi TX. We met in our career last year and we have been a couple for 19 months, and we're willing to get married ASAP. She's also being able to apply for citizenship in November of this year. She and her family have never had any kind of trouble in the border because of living abroad.

 

My questions are:

 

1. With her history of being outside the US, and not having a work history, credit history or a valid US high school diploma, is it reliable applying right now for a spouse visa?

2. If not because of her situation, how much would you recommend us to wait?

 

It takes around 2 years anyway for the entire process. You can start the process after marrying. No need to wait to start.

 

9 minutes ago, Charles9245 said:

3. What kind of actions would benefit our situation (like asking her to work for a couple more months, renting an appartment for a few months)?

Doesn’t matter.

 

 

9 minutes ago, Charles9245 said:

4. Is it safe or high risk for her applying for a citizenship by the beginning of 2020?

 

Depending on how many months she was physically present in the US last 5 years and if she has evidences of maintaining continuous residence, she may or may not be even eligible to apply for citizenship yet.

 

 

9 minutes ago, Charles9245 said:

5. Could they know by investigating our relationship that she lived all these years in Mexico putting her at risk of loosing her Residency?

 

For your time and advice, Thank you in advance.

They don’t need to investigate your reltionship to know how long she has lived outside US. They KNOW. She is already admitted as an LPR, she will not loose her residency.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

 

There is a requirement for physical presence before she is eligible for citizenship.  She has some math to do on that.  Hard to build 30 months of presence a few days at a time.

 

As to filing for a spouse?  You guys can get married and she can file anytime.  Your case will be treated like any other.  

 

Good luck!

 

 

 

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She's still a resident but might not be able to apply for citizenship, as she might have broken her continuous residence by working abroad. 

She can file for you as spouse now, but keep in mind that there is an income requirement to sponsor you. 

As mentioned above, the whole process can take over 2 years. 

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I'm confused:

13 hours ago, Charles9245 said:

1. With her history of being outside the US, and not having a work history, credit history or a valid US high school diploma, is it reliable applying right now for a spouse visa?

If she is a LPR and you are a US Citizen no visa is needed.  Get married anywhere, anytime.

 

As for citizenship, that is a math question.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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2 minutes ago, Paul & Mary said:

I'm confused:

If she is a LPR and you are a US Citizen no visa is needed.  Get married anywhere, anytime.

 

As for citizenship, that is a math question.

 

3 minutes ago, Paul & Mary said:

I'm confused:

If she is a LPR and you are a US Citizen no visa is needed.  Get married anywhere, anytime.

 

As for citizenship, that is a math question.

I’m not a US citizen, she’s a permanent resident and I’m Mexican, living overseas 

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Then get married and she files for a spousal visa for you.   That will take about two years.  At some point nearer to the interview she will need to clearly have domicile in the US.

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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It may stay current till Sep and likely return back to usual wait times once new fiscal year begins from October. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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~~moved to bringing family members of LPR to the USA from K3 process and procedures.   No one in this situation is a USC~~


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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