Petition my wife

[fjlmt 1]

Hello,

 

Some guidance if possible.

 

I am a US citizen living and working abroad with my family. I have been married to my wife for several years already and we have a family.

 

I would like to petition her to become a US citizen while we are in a different country and working here.

 

Could i know the process on doing this?

 

Thanks.

[milimelo 4,481]

You’re missing a step which is first permanent residency before naturalization. 

[fjlmt 1]

We are currently in a different country and working there. Do you mean we have to move back to the USA?

[Unlockable 7,314]

15 minutes ago, fjlmt said:

We are currently in a different country and working there. Do you mean we have to move back to the USA?

Exactly.

 

Citizenships are not handed out to people that live in other countries. And before she becomes a citizen she has to be a permanent resident for a certain amount of years first. She can't skip over the permanent resident process.

 

So if you want your wife to be a citizen you have to:

• File for a spousal visa for her.
• Move back to the US and live here for 3 years. 
• After 3 years, file for naturalization. (Important note, the US government actually counts how long the permanent resident is inside the US. For example, some people think they can go back and forth from the US to their home country, like 6 months in the US and 6 months back home. But when they do that, the amount of time they spend outside the US can be counted against them).

The above are important steps that can't be avoided or skipped. The entire process from start to finish is 4 - 6 years before she is sworn in as a citizen.

[fjlmt 1]

Is it possible to start the Visa application while we are abroad. I would like to start it while we are still working and wait for the VISA to arrive and we would both enter the USA together. I was reading on DCF would this be applicable?

[DaveAndAnastasia 2,092]

57 minutes ago, fjlmt said:

Is it possible to start the Visa application while we are abroad.

Yes, though you will need to show intent to establish a domicile in the US and sufficient assets and US income or have a joint sponsor.

Quote

I was reading on DCF would this be applicable?

It's mostly not available anymore. Most of the USCIS overseas field offices have closed or will soon, and otherwise DCF is only available in extraordinary circumstances.

[payxibka 10,045]

1 hour ago, fjlmt said:

Is it possible to start the Visa application while we are abroad. I would like to start it while we are still working and wait for the VISA to arrive and we would both enter the USA together. I was reading on DCF would this be applicable?

You need to identify where this magical foreign country is 

[SalishSea 17,836]

2 hours ago, fjlmt said:

we would both enter the USA together.

Usually doesn't work out this way.  You need to read up on domicile and on the financial eligibility for sponsoring immigrants.

[Just Paul 4,595]

2 hours ago, fjlmt said:

Is it possible to start the Visa application while we are abroad.

Yes, file from anywhere in the world

2 hours ago, fjlmt said:

I would like to start it while we are still working and wait for the VISA to arrive and we would both enter the USA together.

You will also need to re-establish or show that you will re-establish domicile before the visa can be issued.  I take it you are also current on your US Tax filings?

 

2 hours ago, fjlmt said:

I was reading on DCF would this be applicable?

No sure where you are "reading"  but DCF is gone unless you can use extraordinary circumstances.

 

12 hours ago, fjlmt said:

we have a family.

Do your children qualify for CRBA?

 

12 hours ago, fjlmt said:

Could i know the process on doing this?

File the I-130/I-130A

[SalishSea 17,836]

12 hours ago, fjlmt said:

I would like to petition her to become a US citizen

You can't petition for her to become a USC.  You can petition for her to become a US resident, which can eventually lead to her applying for US citizenship.

[fjlmt 1]

Sorry will try to make the details clearer.

Country we currently reside is the Philippines.

 

Her Family (Siblings and Parents) migrated long ago and are Citizens already.

 

I was planning that we would both enter the USA at the same time when her Visa is approved. I would then look for a job when we get there. While still settling down we would be living with her mother in Hawaii.

 

Our children are already US citizens.

 

We do have savings and our business in the Philippines would still continue to run even when we leave still providing us some income.

Edited April 13, 2020 by fjlmt
Typo

[carmel34 3,633]

2 hours ago, fjlmt said:

I was planning that we would both enter the USA at the same time when her Visa is approved. I would then look for a job when we get there. While still settling down we would be living with her mother in Hawaii.

As others have said, you start by filing a petition for her, for a spousal visa.  That process is taking a year or more right now, with the virus situation it could be even longer.  Near the end of that process, you will need to provide evidence of US domicile or intent to establish a US domicile, plus sufficient US-based income or assets to sponsor her financially, or have a qualified co-sponsor.  Sometimes that last step requires a period of a few months where you enter the US before your spouse, to satisfy those requirements.  You need to do lots more research on the spousal visa, IR-1 process, to understand it better and know how to navigate it from start to finish.  Start with the spousal visa guide here on Visa Journey.  It's long, expensive, and requires much patience, and sometimes time apart from your spouse.  Good luck!