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St3phsm07 Contributor

St3phsm07   2

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Filed: IR-5 Country: Peru
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I have a friend that is a permResident but has not been living in the states since being a resident she’s been in and out of the US only staying weeks or a month in the Us.She is now married and wants to see if she can petition spouse? Has anyone ever filed for spouse without having lived here 5 years. she’s been here in the us Permanently for the past 2 years. 

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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How did she get her GC?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Timona Experienced

Timona   4,207

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2 minutes ago, St3phsm07 said:

Dad.. Iuckily it wasn’t terminated so now she’s residing perm here 

So she's currently in US or Peru?

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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File away.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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Possibly yes to the first and definitely yes to the overstay.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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16 minutes ago, St3phsm07 said:

will there be any problems when it comes to the question about her addresses  in the past 5 years? only had 2 years of taxes filed... and husband had overstayed his visa. 


If her husband is in the US and has overstayed his visa, he cannot adjust status through her. Any overstay, illegal work or any other violations of status make him ineligible to adjust as a spouse of an LPR. She can petition for him, but he will have to go back to his home country to get a visa. If he has overstayed longer than 6 months then he will also have a ban to deal with, best case then is that he gets a waiver (adds more time and money to the process).

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St3phsm07 Contributor

St3phsm07   2

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Filed: IR-5 Country: Peru
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6 minutes ago, SusieQQQ said:


If her husband is in the US and has overstayed his visa, he cannot adjust status through her. Any overstay, illegal work or any other violations of status make him ineligible to adjust as a spouse of an LPR. She can petition for him, but he will have to go back to his home country to get a visa. If he has overstayed longer than 6 months then he will also have a ban to deal with, best case then is that he gets a waiver (adds more time and money to the process).

She’s better off filing for him as a citizen right??

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Crazy Cat Grand Master

Crazy Cat   41,887

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Filed: Citizen (apr) Country: Taiwan
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12 minutes ago, St3phsm07 said:

She’s better off filing for him as a citizen right??

Absolutely.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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She is not a citizen, and if she flies to naturalise then past issues may come up.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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mushroomspore Proficient

mushroomspore   3,044

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Filed: Citizen (apr) Timeline
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34 minutes ago, St3phsm07 said:

She’s better off filing for him as a citizen right??

Yes but her issue with naturalization is that she will have to get back to the US and start accruing the proper residency requirements to even qualify for citizenship. At this point, she definitely does not qualify if she's only been here for a few weeks or a couple months at a time. So yes this means she and her husband will have to live apart for a while.

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