Need advice

[St3phsm07 1]

12 minutes ago, mushroomspore said:

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.

Oh no she’s been in the us for the past 2 years, she has to be here for 5 years to naturalize correct?

[HRQX 4,145]

9 minutes ago, St3phsm07 said:

she has to be here for 5 years to naturalize correct?

Yes. https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

 

Note that she can now file Form I-130 for him: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

 

After that is approved he can file Form I-601A for a provisional waiver: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers "The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview." That limits the time outside US. Some lucky cases just spend 2 to 3 weeks outside the US. Other cases end-up spending months outside the US before returning with Immigrant Visa.

[Coco8 1,039]

She needs to file taxes for the years she missed.  She has to have taxes for every year as GC holder unless her dad had her as a dependent.

 

1 hour ago, St3phsm07 said:

 only had 2 years of taxes filed

 

[St3phsm07 1]

5 minutes ago, Coco8 said:

She needs to file taxes for the years she missed.  She has to have taxes for every year as GC holder unless her dad had her as a dependent.

 

 

Yep she’s been dad’s dependent 

[St3phsm07 1]

19 minutes ago, HRQX said:

Yes. https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

 

Note that she can now file Form I-130 for him: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

 

After that is approved he can file Form I-601A for a provisional waiver: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers "The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview." That limits the time outside US. Some lucky cases just spend 2 to 3 weeks outside the US. Other cases end-up spending months outside the US before returning with Immigrant Visa.

So she can file now as a lpr and go through the process whole waiver process?

[African Zealot 1,452]

Tell your friend to come and ask the questions here herself instead of relying on your third hand information.

[SusieQQQ 11,584]

4 hours ago, St3phsm07 said:

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

HE is MAYBE better off in that case, not her. Given how long she has spent out the US, it’s going to be a few more years before she can apply for citizenship (and it could take a year after that to actually get it). He’s gonna be illegal - and deportable - all that time.  No guarantee he’d have a green card earlier by waiting 3-4 years for her to get citizenship than filing as LPR and getting a waiver.

 

 

 

 

36 minutes ago, Ray.Bonaquist said:

Tell your friend to come and ask the questions here herself instead of relying on your third hand information.

Should we lay bets on whether the OP is actually the illegal spouse lol 

 

 

Edited February 8, 2021 by SusieQQQ

[HRQX 4,145]

2 hours ago, St3phsm07 said:

So she can file now as a lpr and go through the process whole waiver process?

Yes. My previous post quickly described the overview of provisional waiver process.