Jump to content
Big Stu

Residence Requirements for spouse during adjustment

6 posts in this topic

Recommended Posts

Hello everyone,

 

I'm an American citizen. My wife is Ukrainian. We are mapping out and considering the immigration process. I do humanitarian work and move from country to country. At some point I'd like to move home to DC for a tbd period of time. This brings me to my query. I understand it'll take approx a year, year and a half from time of filing for her to enter the USA under her for conditional spouse visa.  Most importantly for us is her to have the right to work in the States, but also allow us the freedom to move abroad again without endangering her right to work in the states. 

 

After applying for her status adjustment, how long would she have to remain in the states for her to keep her residency requirements/qualify for citizenship?  Would it be possible to get an exception for us to move abroad for a year or two during the adjustment process?  We'd travel back to the States a few times per year.   

Share this post


Link to post
Share on other sites
3 hours ago, Big Stu said:

After applying for her status adjustment, how long would she have to remain in the states for her to keep her residency requirements/qualify for citizenship? 

There is no adjustment of status period in the spousal visa process.  I suggest reading the guides here on the web site to learn about the process.......the spouse of a US citizen can apply for citizenship after 3 years as a green card holder AND after 3 years of marriage to the US citizen.


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites

 

7 minutes ago, missileman said:

the spouse of a US citizen can apply for citizenship after 3 years as a green card holder AND after 3 years of marriage to the US citizen.

Excellent. So we should plan on working/living in the states for approx 3 years after receipt of the green card and we’ll have complied with the residence requirement?  

Share this post


Link to post
Share on other sites
11 minutes ago, Big Stu said:

 

Excellent. So we should plan on working/living in the states for approx 3 years after receipt of the green card and we’ll have complied with the residence requirement?  

Plan for 4+. You can apply for citizenship at year 3 as above but it can take awhile to process, be interviewed, take the oath ceremony and receive the US passport.

Share this post


Link to post
Share on other sites
15 minutes ago, Big Stu said:

 

Excellent. So we should plan on working/living in the states for approx 3 years after receipt of the green card and we’ll have complied with the residence requirement?  

There is a residence maintenance requirement as long as you hold a green card.


YMMV

Share this post


Link to post
Share on other sites

~~Moved to General Immigration Related Discussion, from AOS Family K1/K3- The OP has not started any process and is inquiring about more than one process as he plans ahead.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...