Lennys26

You have done everything to maintain her LPR status, however; Citizenship has a completely different set of rules. The first big one is any trip outside the US more than 1 year resets your continuous residence clock. You could be a LPR for 20 years and eligible for USC and spend 366 days outside the US and loss all but 364 days towards the continuous residency requirement for citizenship.

Since your wife is still married to a USC, she can use the 3 year rule to apply for citizenship. She will need to remain in the US for more than half of that 3 year period--548 days. She does get credit for all her time as a LPR and married to you, but she only get 364 towards the residency requirement for citizenship. So she cannot take a trip outside the US for more than 6 months (to be safe as there is debate on if this resets the clock, but you can proved that you maintained ties to the US and therefore not break the continuous residency, but why chance it?) in the next two years and must be in the US for a total of 185 days at a minimum to qualify for citizenship--but I would expect the USCIS to require more time in the US before they approve her application. I am sure they will want her to prove that she is actually a LPR with the key word being RESIDENT. They may determine she has been using her GC as a tourist visa as she has not actually been residing in the US.

Assuming she has no trips outside the US for a period greater than 180 days she can apply for USC once she has been in the more than she has been out of the US in the counting back the previous 3 years. She also must be a resident of the USCIS district that has jurisdiction over her application for at least the previous 3 months before she applies. Now if she has any trip outside the US for more than 182 days the USCIS will use that to reset her continuous residency clock and she will need two years plus one day before she can file and she must be in the more than she is outside the US within those 2 years. I would worry about maintaining her LPR status and keeping her GC and when the two of you decide to live IN the US than she can file for USC.

Dave

Hi Dave.

Thanks for the details. What you have said matches up with what we had been thinking, and will help put our mind at ease going forward. Our plans are to return to the USA in the new year on a longer term basis (finally), so we can now (finally) start properly on the road to her citizenship.

Thanks all for the help!

Why are you working abroad? if it is for a US government thing, you will definitely be fine and can perhaps even naturalise while abroad. If not these rules apply:

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens Since she was approved for the i-131's, she should be ok on "continuously being a US resident". However, you will need to spend more time inside the USA before you can file, as you need 18 months within the last three years.

Thanks for the quick reply, Penguin_ie.

No - not a government job, but I am glad that the feeling is that all will be ok because of the I-131's. With our travel plans bringing us back to the USA for a good portion of next year (if not all), we should make some good progress toward the needed 18 months.

Thanks again.

My wife and I are in a special case, although I suspect that it is not that unusual in the larger picture. I am hoping that someone from the community can share a similar experience...

My wife has been a greencard holder for about 10 years now, however due to my work situation, we have spent most of that time abroad. We return to the US for about 30-60 days total a year, although she has had i-131's consistently throughout the entire time.

We are now looking to pursue her citizenship, with the expectation and hopes to return to the US on a more permanent basis. Has anyone been in a similar situation who can share their experiences in the citizenship process?

A few more details:

• We have maintained a permanent address in FL.
• Banks, Credit Cards, Drivers Licenses and IDs in FL.
• 132 days in the USA in the past 3 years. 229 days in the past 5 years.
• Plans to return in January 2017 for a period of 6 months to a year.

Thanks in advance.

Thanks all for you input (some being more aggressive than others). As always in VJ, I appreciate the assistance and opinions.

In reading the replies, I have a few comments/corrections/references...

For clarity, as family members of European Citizens we do, in fact, have the right to reside in any member state - This was clearly defined/re-defined in the European Parliament and Council Directive 2004/38/EC (which updated and clarified EEC Regulation 1612/68). Also related, is the Right of Free Movement (otherwise termed by Candace as the right to plonk ). These directives also clearly provide for permission to work.

Granted, as Alex+R said, any movement between countries often requires dealing with bureaucracy and its related paperwork, of which we are all familiar, however none of it is impossible nor should make us throw in the towel.

I'm not sure where this information is coming from, but my wife, once she has her Green Card can leave the USA for up to, and more than a year without losing her residency (although I would not recommend it).

At the end of the day, for those in a similar position of being a globehopping American expat, of which, based on my support, there are few, we are left in unusual situation. My work requires my international travel. I am surprised to see so many people who attack my questions, and presumably would have me change my line of work so I could better fit in to the system, rather than try to work to resolve the obstacles.

Anyone have any experience as an American (or anyone else, I suppose ) married to a Spanish (or another EU) working in the UK?

I have my NI# and am familiar with the UK, having lived/worked here previously for a few years... My question is specifically as to what, if anything, needs to be officially done upon arrival in the UK. Do I need to specifically register our/my status or anything?

Initially I have entered the UK as a tourist (as my wife is still stuck in the USA waiting for her greencard/travel doc) which allows me a 3 month stay. How does this get changed? As a husband of an EU person, I have the right to stay as long as I like (not to sound snotty).

Thanks.

I have never been to Manchester before and am moving there next week for work. Can anyone please tell me a bit about decent areas of Manchester (and the areas to avoid)?

I will be working in M17 Trafford Park area. I would take a place either in Manchester itself or in a suburb - as long as there is life there...

What is public transport like? I notice that there is less of a transport system than in London.

Thanks.

Are you farkin' serious? "Sarcastic"? If you two are not actually joined at the hip, and your wife does not have some undisclosed-to-us impediment to being on her own, why on Earth does that sound like a sarcastic reply from the agent?

I am completely baffled by your complaint. Kick down the $170 (NOT to fund the gov't btw, but a discounted cost for the actual cost of processing YOUR application) or abandon the whole thing.

Immigration is for people more patient than you. Keep your eye on the bigger picture.

Ouch.

I am not sure what is going on over there, Meauxna, but lets not take it out on others here in the forum -- Namely ME . I was simply giving some info and my thoughts to someone who asked a question.

Thanks.

Krickit, We wondered the same thing. While it would make no sense and I can not see any reason an employer would, we thought that if an employer did in fact request that she travel with me, it would seem to satisfy the requirement. Saying that, the USCIS agent may have been just being sarcastic by giving me such an answer. I don't plan on pushing that route.

Seldi, My initial project here in the USA was to last about a year - thus we really did not have concerns that we would be leaving/moving outside of the country. It ended unexpectedly (and 6 months early) Hindsight says "sure I should have done an Adv. Parole and an EAD when I initially applied", however at that time, I didn't anticipate the need and current situation.

Yodrak, As far as I can see it, we had no option but to do the AOS route, as she was already in the USA when we filed. To be honest, we have been traveling together for a few years and the decision to come here came about somewhat suddenly. I was naive as to the amount of visa types available, and with both of us already here AND having married on US soil, I am not sure that there was another (or better) option.

Duh....

Thanks.

Hiya. Great site. Lots of good info and help for those of us drowning in the 'system'.

There are so many abbreviations involved, how about adding a page with abbreviations? Including, possibly, titles of the various documents (although application forms are listed on the USCIS 'Forms' webpage). Nothing major, simply one-liners...

• RFE -- Request For Evidence
  
• NOA -- Notice Of Application
  
• ...
  
• I-130 -- Petition for Alien Relative
  

This could be a closed list - only updatable by moderators -- this would keep it clean and relevant.

Thanks.

I am sure I read about a provision whereby if someone was in the US 'illegally' for some extended period of time (5/10 years, or something...I can't recall how long), they could petition to stay under some sort of visa.

...Or was that for another country that I read about this....??

[sorry for being so vague...]

I suppose that each insurance company may operate differently, but I was able to add my wife to my health insurance with no SS#. I simply had to fax them a copy of our (US) marriage certificate.

Ciao.

Well, I went to my Infopass app't in Tampa today.

After all, I will be continuing to fund the gov't by sending them another $170 and my Advanced Parole application for my wife which may or may not come in time for our need to leave and/or before her greencard.

Basically stated, there is no way that she is allowed to leave the USA unless there is a death or close to death situation that specifically requires her to be elsewhere.

Unless my employer specifically requires that she accompany me to foreign location, as told to me by the USCIS agent, my work requirements have absolutely nothing to do with her, thus do not qualify for an Emergency Adv. Parole. (An interesting point of view for a married couple!)

Of course, and I pointed this out, if I get a project that requires my leaving the USA (as may be coming up shortly), I am left with 2 interesting options:

1. Leave her here alone - With no legal status, unable to completely speak the language, unable to drive (with no ability to get a drivers license), with no income and no way to support herself.
   
2. Refuse the job/project, thus jeopardizing my ability to support her (as is a requirement of the immigration process - I-864)
   

Anyhow, logic, as we know, has nothing to do with the system, so.... for lack of any other option, Advanced parole is what I will do. And as soon as it comes, I will go ANYWHERE, just to be able to use it.

Ciao.

Mustang Sally,

Best of wishes to you for your treatment and recovery.

Taking into account the speed in which the gov't works and the unnecessary delays that they add into the process, I would recommend going forward with your applications as normal -- perhaps delaying your replies to USCIS as mybackpages recommended.

The gov't will undoubtedly lag behind in processing the visa anyhow...

Later on when you actually get the visa, with it's 6 month validity, you can better judge your situation and status.

Thanks for the responses. I know there is a difference between Adv. Parole and Emergency Adv. Parole, but was looking for some peoples experiences with either/both. Besides, I am looking to avoid [dare I say] feeding this gov't any more money for something that I am being forced due to their lack of efficiency.

I have decided to go speak with the USCIS people tomorrow. I have an INFOPASS appt. and will see what recommendations they have for my specific situation, i.e. last minute work required travel. I have completed an I-131 and will be bringing my checkbook, if needed. (even though I will most certainly be out of the country - and quite possibly back - by the time the application is processed).

I will post my findings.

Ciao.

Hello All.

My Spanish wife (going through AOS) and I currently live together in Florida. We are here (and got married in the USA) only because a work project brought me here. This project has ended and now that I am looking for future projects, I called the USCIS help line to ask them what would happen if we needed to leave the US abruptly for work purposes. I was told that if we left the USA, my wife would need to get Advanced Parole prior to leaving.

WAIT...You say. We all ready know that...Why is this guy posting this topic??? Let me go on....

The catch is this.... We have already gone through our interview (today, actually) and we are only waiting on the FBI info (Biometrics) which was submitted to them about 2 months ago. I was told at the interview that once these are returned from the FBI, the greencard will be mailed immediately, as everything else is in order. For me to apply for Adv. Parole now, knowing the expected time-frames, I am sure that I would end up receiving the permission AFTER receiving the greencard. And at that, I can not at this point be sure that I really need it yet anyhow (nor for where, nor for when, nor for how long...).

There has to be some better answer here... I understand that an Expedited Adv. Parole is intended for 'Life and Death' or emergency purposes and have been told that it would not be granted under this circumstance, but, I wonder if this situation is a bit more specific.

As the wage earner in the relationship, I can not believe that I am expected to leave my wife here alone while supporting her monetarily (as well as myself, wherever I am). Nor can I believe that I am expected to put us in financial jeopardy by refusing employment (thus removing my ability to support her, as is required as part of the application process).

I am sure SOMEONE out there has been in a similar situation. Also, if you have experience and more details with the requirements for an Expedited Adv. Parole, please let me know.

Thanks.

Hi dotsandloops.

My wife (spain) and I (american) recently were in a similar situation in that she and I got married here while she was in on a tourist visa. We had been planning on marrying in Spain where we were living, but due to an unexpected work contract back in the US, we ended up doing it here.

While we did it, I have been told that marrying while one is a tourist is NOT the best idea as you are not supposed to enter the country 'with the intention of marrying'. None-the-less, we were going to be married in Spain, and had the date and license from the courts -- it was just a matter of timing/circumstance that had us marry here. To be honest, we were not aware that there was any problem with marrying here and getting the required visas - the foreign system is different, whereas I (the foreigner) immediately have residency and work permission in Spain as of the date of the wedding.

So far, we have filed the I-130 (Petition for an Alien Relative) and the I-485 (Application to Register Permanent Residence or Adjust Status). Along with these, we filed a couple G-325A's and and I-864. Also needed will be an I-693 (Medical Exam), but the doctors are closed for the holidays, so I have mailed the other applications without this to get the process started - I will mail the missing form in the new year.

I only mailed everything last week, so I can not say anything more of how it is going or anything...

Good Luck.

LS.

A handbag does NOT count as a carryon.

A computer bag counts as a computer bag (and also not countable) only if it contains a computer - Yes, I was once asked to show the computer inside to verify.

This being said, as a male, I have not tried carrying a handbag, a computer bag AND a (n additional) carryon.

This is based on national US travel as well as International and inter-Europe travel.

Cheers,

LS.

Hiya.

My wife (Spanish) and I were married in a civil ceremony last week. We had applied for the license earlier this month which was nothing more than reading a small pamphlet (at home online), signing a document at the office, showing her passport and my (US) drivers license. $98 later, we had the license.

The civil ceremony was very simple. Arrived, signed a few papers, showed our IDs, then we had the 'ceremony'. (Dont forget a translator, if needed).

What was nice was that we were taken to a 'Wedding Area' in the courthouse building where the actual vows and all were done - also we could take some nice pictures there. It was about 45 minutes in all.

Cheers,

LS.

Thanks everyone for the replies!

To respond to some of the questions/issues....

When she came in to the US (separate from me, as I had arrived a few months earlier), it was our intention to either marry in the Spanish consulate, as we already had completed the equivalent licensing paperwork, or to marry in a US civil ceremony. After arriving, despite what we had been told previously, when we spoke with the Spanish consulate again, we were told that they would NOT complete the ceremony. This is why we ended up marrying here in the Florida legal system.

I appreciate the recommendations to speak to a lawyer and probably will do so.

It is her intention to stay with me here in the US. Which based on my understanding (or not) of the system, seems to leave me only with the AOS option. That being said, it would seem that I need to submit the I-130, I-485, I-864 & G325A all at the same time to start the process (?)

Damn governments - this is MY world and MY relationship. Rather than help, they create these disasterous paper and time-wasting excersizes.

Thanks again,

LS.

Hello All. This is my first post, so please take it easy on me.

Background: I am a US Citizen, my wife is a Spanish citizen who entered the US as a tourist (and unmarried).

My wife and I have been living together for 3+ years in Spain and the UK. We had filed for marriage in Spain earlier this year and received the formal date (and equivalent 'license'), however my work brought me back to the USA prior to that date and as a result, she and I came here and were married only last week in Florida.

Wandering through the forms and information, I was planning on doing an application based on the I-130 (I-485, I-864 & G325A), applying for her as my Alien Relative and along with a Adjustment of Status on her visa (actually it is a visa-less 3 month tourist visa) but after reading things, I am wondering if there is another way that may be quicker and/or easier (dare I say...).

I am wondering about the IR-1 and/or the DCF path, but am not sure if they apply. I dont believe that the K visa's apply in my case. Does anyone have any similar experience?

As a note, I currently do not have legal residency anywhere outside of the US, although I understand that as soon as I present the marriage documents to the Spanish Consulate here in the US, I will have immediate residency in Spain.

Thanks for the assist.

Len