Marrying a US permanent resident who lived outside the US

[Charles9245 0]

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.

[arken 4,197]

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.

[Nitas_man 3,100]

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!

 

 

 

[Allaboutwaiting 2,500]

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. 

[Just Paul 4,591]

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.

[Charles9245 0]

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 

[Just Paul 4,591]

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.

 

[Laurelia 3]

With the F2A category being current will it still take 2 years? 

[arken 4,197]

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

[Charles9245 0]

Is any kind of permission to live in the US while the spouse visa is in process?

[NikLR 13,220]

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

[apple21 953]

23 hours ago, Charles9245 said:

Is any kind of permission to live in the US while the spouse visa is in process?

No. You wait in Mexico.