Big Stu

7 minutes ago, missileman said:

the spouse of a US citizen can apply for citizenship after 3 years as a green card holder AND after 3 years of marriage to the US citizen.

Excellent. So we should plan on working/living in the states for approx 3 years after receipt of the green card and we’ll have complied with the residence requirement?  

Hello everyone,

I'm an American citizen. My wife is Ukrainian. We are mapping out and considering the immigration process. I do humanitarian work and move from country to country. At some point I'd like to move home to DC for a tbd period of time. This brings me to my query. I understand it'll take approx a year, year and a half from time of filing for her to enter the USA under her for conditional spouse visa.  Most importantly for us is her to have the right to work in the States, but also allow us the freedom to move abroad again without endangering her right to work in the states. 

After applying for her status adjustment, how long would she have to remain in the states for her to keep her residency requirements/qualify for citizenship?  Would it be possible to get an exception for us to move abroad for a year or two during the adjustment process?  We'd travel back to the States a few times per year.   

10 hours ago, Paul & Mary said:

Uhh she doesn't already have one?  Getting a tourist VISA after marriage is next to impossible.  She will need to show ties back to her home country and convince CBP she has no intention of staying with her husband in the US.

She has a 10 year tourist visa already. I was loose with my words - i wrote visa when i meant green card.

9 hours ago, missileman said:

So, you have no plans to live in the US?

I would like to be back in the States within the next few years. But we don't have a timeline. 

3 hours ago, Nitas_man said:

Are you working for a US company and transferring back?  The support affidavit is an issue in DCF.  Usually requires a big stash of cash assets or a co-sponsor.

I do humanitarian work so I switch jobs a fair amount. We're getting her a visa in case I end up back in DC. I have no need to leave yet, but i want her to be able to move with me when time comes, and most importantly to work.  Family could probably co-sponosor. 

Super helpful everyone! Thank you for responding. Seems like I had gotten some bad advice from a lawyer and am very glad I asked as it didn't smell right. We are 100% committed to DCM. 

Consular process it is.

Well, good thing I asked!

Hey folks,

I'm a US citizen and my (non citizen) wife and i reside abroad. Could she enter the States on her tourist visa and we file the I130 domestically? Would it be a problem if she overstayed her 90 days while waiting during the process? Also, would there be any benefit to doing this instead of the filing via a consul?