Husband of a US Citizen on Green Card

[London2SFrancisco 5]

Hi All,

This inquiry is for my father-in-law. My mother-in-law came to the US via Diversity visa program. Now she and her rest of the family are US citizens except my father-in-law. He has been taking permissions and extending green card for the last 10 years.

Question: Now that his wife (my mother-in-law) is a US citizen, will my father-in-law be considered as the husband of the US citizen and can apply for naturalization once he has stayed "3" years in the US instead of 5 years?

If so, will he need to apply for any special permission to get his green card application to the spouse of US citizen track from spouse of green card holder status?

Also, for a year to be counted in the US, i know he needs to stay at least 6 months. Can he stay 2 months, 2 months, 1 month and 1 month in 5 separate occasions within the year and get the year counted?

Thanks,

Appreciate all your help.

P.S. I hope this is the right section to put this, moderators please redirect the post if it belongs somewhere else.

Edited October 26, 2015 by London2SFrancisco

[Hypnos 6,577]

Is he actually living in the US?

[London2SFrancisco 5]

He comes in every year before the extension expires and apply for extension. Once he receives an extension he travels back to his original country. Currently he is in the US. He has received an extension of 8 months this time. He will leave soon and return to the US before the expiration. He travels back due to his job there.

[Nich-Nick 3,354]

There is a worksheet to determine if he is eligible. Print it out and check the boxes. http://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship%20&%20Naturalization%20Based%20Resources/A%20Guide%20to%20Naturalization/PDFs/M-480.pdf

[Boiler 45,717]

When does he intend to move to the US?

[Hypnos 6,577]

I'm unsure as to what you mean by extension.

[London2SFrancisco 5]

Diversity visa is usually for 5 yrs. Since then it needs to be extended every year as he stays outside us more than 6 months every year.

[Boiler 45,717]

Diversity visa is usually for 5 yrs. Since then it needs to be extended every year as he stays outside us more than 6 months every year.

No time limitation on DV

[Hypnos 6,577]

There's either something I'm not understanding or extension doesn't mean what you think it means.

Once someone enters on an immigrant visa (DV or any other type) they become a permanent resident and receive their green card in the mail. It sounds like he has his green card and is trying to jig the system by actually living somewhere else but wants to still maintain his LPR status at the same time.

[London2SFrancisco 5]

There's either something I'm not understanding or extension doesn't mean what you think it means.

Once someone enters on an immigrant visa (DV or any other type) they become a permanent resident and receive their green card in the mail. It sounds like he has his green card and is trying to jig the system by actually living somewhere else but wants to still maintain his LPR status at the same time.

This is allowed by USCIS and hence they allowed him and is still allowing him to maintain his green card for the last 10 years. Looks like you do not know and probably have no idea about it. That is fine. However, please do not comment when you have no understanding of the matter. Help if you can, please do not misguide or create more confusion. Thank you.

[London2SFrancisco 5]

There is a worksheet to determine if he is eligible. Print it out and check the boxes. http://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship%20&%20Naturalization%20Based%20Resources/A%20Guide%20to%20Naturalization/PDFs/M-480.pdf

Thank you Nich-Nick.

Do you have answer to the question on stay of 6 months in segments within the year? Really appreciate your help.

[Hypnos 6,577]

Actually CBP are the ones who would make a recommendation as to whether his green card be revoked or not. The final decision would be made by an immigration judge in that circumstance.

It does seem like he wants to have his cake and eat it too. A green card is for living in the US. If you aren't living in the US then you aren't entitled to a green card. At some point CBP may notice his pattern of behaviour and may move to have his green card revoked.

Edited October 27, 2015 by Hypnos

[Boiler 45,717]

This is allowed by USCIS and hence they allowed him and is still allowing him to maintain his green card for the last 10 years. Looks like you do not know and probably have no idea about it. That is fine. However, please do not comment when you have no understanding of the matter. Help if you can, please do not misguide or create more confusion. Thank you.

I am intrigued, could you be more specific?

[aaron2020 11,651]

This is allowed by USCIS and hence they allowed him and is still allowing him to maintain his green card for the last 10 years. Looks like you do not know and probably have no idea about it. That is fine. However, please do not comment when you have no understanding of the matter. Help if you can, please do not misguide or create more confusion. Thank you.

No, it's not allowed by USCIS. Sounds like your FIL has been abusing his green card to live outside the US with occasional visits to the US.

Just because he has been getting away with it doesn't mean it's allowed or legal.

You may want to brush up on "Maintaining LPR status."

[Pitaya 2,577]

~Moved from Bring.USC Fam.Members to USC General Membership Discussion Forum~

~Likely a more reasonable forum for discussion~