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Vivian_C

Petitioning for Alien relative

By Vivian_C in Bringing Family Members of US Citizens to America

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Vivian_C Rookie

Vivian_C   2

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Hi, can someone help me out? Asking for a friend. Her husband is a US citizen based abroad (Nigeria), they got married in the U.S as well. How will he go about petitioning for his spouse & her adjusting status since he spends most of his time and works abroad. 

SusieQQQ Grand Master

SusieQQQ   11,586

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If he can’t show domicile or income in the US he can’t do it (well, if he has a lot of assets in the US that might work but the domicile is an issue). You say “adjusting status”, what status is she on now? If he lives abroad and she wants to be married to him why doesn’t she go with him to Nigeria?  

Boiler Grand Master

Boiler   45,657

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When is he due to return to the US, should file about a year before.

“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.”

Vivian_C Rookie

Vivian_C   2

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23 hours ago, SusieQQQ said:

If he can’t show domicile or income in the US he can’t do it (well, if he has a lot of assets in the US that might work but the domicile is an issue). You say “adjusting status”, what status is she on now? If he lives abroad and she wants to be married to him why doesn’t she go with him to Nigeria?  

Oh okay. Thanks! I believe he has a property here. It’s not a do or die. They were just curious to know if it was possible. They both live abroad at the moment. She’s on b2 visa. 

payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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10 minutes ago, Vivian_C said:

Oh okay. Thanks! I believe he has a property here. It’s not a do or die. They were just curious to know if it was possible. They both live abroad at the moment. She’s on b2 visa. 

How is she on a b2 Visa while she is abroad?

YMMV

SusieQQQ Grand Master

SusieQQQ   11,586

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1 hour ago, Vivian_C said:

Oh okay. Thanks! I believe he has a property here. It’s not a do or die. They were just curious to know if it was possible. They both live abroad at the moment. She’s on b2 visa. 

 

People can own property anywhere, doesn’t mean domicile. 

 

40 minutes ago, Vivian_C said:

 

She’s not in her home country at this moment. She’s in the U.S on B2 visa. 

When does her authorized stay expire? Bit of a dodgy situation this, sounds like she’d do better to return to her home country and process a spouse visa from there. At the time she gets it her husband can present proof of returning to the US. Spouse visas are for family reunification in the US, its not just some kind of privilege of being a USC - if he’s not there it implies it’s not a valid basis for AOS for her. 

SusieQQQ Grand Master

SusieQQQ   11,586

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2 hours ago, AmeriKate said:

They have to start a process after he returns to the US. Why cant she stay by her B-2 visa for now?

When is he returning? When does her i94 expire? Did she misrepresent her reason for entry when she came in? 

 

B visas are for visiting the US, they are not for using as a pretext to enter and stay to adjust status.

 

i might also wonder if the husband is not living in the US but she is, if she is actually more interested in being married or getting a green card. 

Boiler Grand Master

Boiler   45,657

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Filed: K-1 Visa Country: Wales
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Apparently he has no current plans to return.

“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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