What is the US for residence purposes?

[SusieQQQ 11,584]

25 minutes ago, commocean said:

Yeh.  I remember when this guy in Italy thought the sun was the center of the solar system.  He didn't read the "manual" that said it was the earth. Then there was this guy who thought the earth was round.  He didn't read the "manual" that said it's flat.  strange ideas! I get your point.

You understand that the rules in the manual reference the INA, right? And the INA is a legal act. Not “guidelines”. 

 

Please let us know in a few years how your wife’s naturalization interview goes.

[commocean 9]

12 hours ago, SusieQQQ said:

You understand that the rules in the manual reference the INA, right? And the INA is a legal act. Not “guidelines”. 

 

Please let us know in a few years how your wife’s naturalization interview goes.

Suzie, I think that our disagreement stems from the peculiar way you're using the term "guideline".  You seem to believe that it means an option whereas used in a legal sense it's more like an algorithm as to how something is done. We know that immigration officers use guidelines in deciding cases because they tell us so.  They tell us that a couple can have a legal marriage licence from another country but they can reject it because there are other evidences that indicate, but not prove, the marriage is a fraud.  Someone can have a visa but be denied entry at the border.  So, if you take that I'm using the term in the latter sense, and not the former, perhaps we can agree or, at least, you can see some merit to my view.
The other interesting thing I've noticed in this discussion is several contributors think there's something wrong with the concept of selling yourself or spouse as a legitimate applicant. Then why bring wedding photos or letters from people who know you when applying for spousal visas. The law doesn't say you have to.  Don't take a shower.  Come late. Eat a durian.
I realize that mentioning this as a possibility offended some people so I'm going to move on.  I had hoped it was a topic interesting enough that the discussion would increase my understanding or point out some serious flaws.

[commocean 9]

23 hours ago, Mike E said:

 

 She has to be a lawful permanent resident for 3 years, and 18 months of physical presence in the USA before she can become a US citizen. Logging 3 years of physical presence alone will not get her a US passport. She needs to become a US citizen first by filing N-400. Which she can do 90 days before her 3 year anniversary as an LPR.

 

Yes, yes.

 

Even includes Guam and CNMI.

 

It does not include American Samoa. American Samoa is not the USA, even though American Samoans are US nationals and have fast path to US LPR and citizenship statuses.

 

If she decides to live in Hyder Alaska, I hypothesize she will have challenges as despite Hyder being part of the USA, travel from Hyder to the rest of the USA requires going through USA passport control. Thus proving physical presence will be a challenge. I am interested in the experiences of LPRs who live in Hyder.

 

If she decides to live in the territories, she will need to maintain a habit of keeping her green card with her, as CBP is known to set up internal check points at domestic airport terminals and concourses in the territories and on domestic flights departing for the territories. CNMI / Guam is a special case because there is an extended visa waiver for foreign visitors, thus implying that flights from Guam / CNMI to the rest of the USA will, like flights involving Hyder, experience passport control. 

Is CNMI the Marshall Islands?

[SusieQQQ 11,584]

2 hours ago, commocean said:

Suzie, I think that our disagreement stems from the peculiar way you're using the term "guideline".  You seem to believe that it means an option whereas used in a legal sense it's more like an algorithm as to how something is done. We know that immigration officers use guidelines in deciding cases because they tell us so.  They tell us that a couple can have a legal marriage licence from another country but they can reject it because there are other evidences that indicate, but not prove, the marriage is a fraud.  Someone can have a visa but be denied entry at the border.  So, if you take that I'm using the term in the latter sense, and not the former, perhaps we can agree or, at least, you can see some merit to my view.
The other interesting thing I've noticed in this discussion is several contributors think there's something wrong with the concept of selling yourself or spouse as a legitimate applicant. Then why bring wedding photos or letters from people who know you when applying for spousal visas. The law doesn't say you have to.  Don't take a shower.  Come late. Eat a durian.
I realize that mentioning this as a possibility offended some people so I'm going to move on.  I had hoped it was a topic interesting enough that the discussion would increase my understanding or point out some serious flaws.

There is judgement involved in assessing whether a relationship is genuine, or what the true intentions of someone arriving on a visit visa are. A selling job can perhaps work there.
There is no judgement involved in what is defined as US territory. There are exceptions made under the law for certain people in certain jobs.

You’re not comparing like with like.

 

 

Edited April 9, 2021 by SusieQQQ

[Mike E 11,723]

4 hours ago, commocean said:

Is CNMI the Marshall Islands?

No CNMI is not the Marshall Islands. 

 

The Marshall Islands are a whole different deal of weirdness when it comes to the American Empire: one of the associated states.  

 

If you thought American Samoans and Canadians had a great deal with respect to access to the USA, wait till you dig in to the associated states. And these countries of no use to LPRs trying to maintain 3 years of residency and 18 months of physical presence for naturalization purposes.

 

Associated States are in a Compact of Free Association with the USA. Citizens from those states can live and work in the USA at will and vice versa.

Edited April 9, 2021 by Mike E

[RandyW 149]

Somebody mentioned Hyder, Alaska - here's what Google has to say. 

 

Quote

 

Today Hyder could be referred to as the most Canadian town in Alaska. ... Passports are not required to cross into Hyder but are needed to return to Stewart. The border crossing is manned by Canadian border services – no United States border patrol exists here.

Hyder is accessible by road only from Stewart, British Columbia, and is popular with motorists wishing to visit Alaska without driving the length of the Alaska Highway and is otherwise landlocked. It is the southernmost community in the state that can be reached via car (others can only be reached by boat or plane).

 

Population: 14 (2019)