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Filed: IR-5 Country: Peru
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I have a friend that is a permResident but has not been living in the states since being a resident she’s been in and out of the US only staying weeks or a month in the Us.She is now married and wants to see if she can petition spouse? Has anyone ever filed for spouse without having lived here 5 years. she’s been here in the us Permanently for the past 2 years. 

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Filed: Citizen (apr) Country: Kenya
Timeline

How did she get her GC?


Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Citizen (apr) Country: Kenya
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2 minutes ago, St3phsm07 said:

Dad.. Iuckily it wasn’t terminated so now she’s residing perm here 

So she's currently in US or Peru?

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: K-1 Visa Country: Wales
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File away.


“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: Wales
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Possibly yes to the first and definitely yes to the overstay.


“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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16 minutes ago, St3phsm07 said:

will there be any problems when it comes to the question about her addresses  in the past 5 years? only had 2 years of taxes filed... and husband had overstayed his visa. 


If her husband is in the US and has overstayed his visa, he cannot adjust status through her. Any overstay, illegal work or any other violations of status make him ineligible to adjust as a spouse of an LPR. She can petition for him, but he will have to go back to his home country to get a visa. If he has overstayed longer than 6 months then he will also have a ban to deal with, best case then is that he gets a waiver (adds more time and money to the process).

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Filed: IR-5 Country: Peru
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6 minutes ago, SusieQQQ said:


If her husband is in the US and has overstayed his visa, he cannot adjust status through her. Any overstay, illegal work or any other violations of status make him ineligible to adjust as a spouse of an LPR. She can petition for him, but he will have to go back to his home country to get a visa. If he has overstayed longer than 6 months then he will also have a ban to deal with, best case then is that he gets a waiver (adds more time and money to the process).

She’s better off filing for him as a citizen right??

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12 minutes ago, St3phsm07 said:

She’s better off filing for him as a citizen right??

Absolutely.


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States 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

 

 

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Filed: K-1 Visa Country: Wales
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She is not a citizen, and if she flies to naturalise then past issues may come up.


“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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34 minutes ago, St3phsm07 said:

She’s better off filing for him as a citizen right??

Yes but her issue with naturalization is that she will have to get back to the US and start accruing the proper residency requirements to even qualify for citizenship. At this point, she definitely does not qualify if she's only been here for a few weeks or a couple months at a time. So yes this means she and her husband will have to live apart for a while.

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