Greencard while petitioner is in UK

[ks]

Hi,

My wife is a US Green card Permanent Resident) holder since June 2006. She is UK citizen and never lived or worked in US other than visiting US once every year to keep the conditions.

We got married in UK this year and she wants to sponsor me for Green Card:

1) Can my wife sponsor me for Green Card whilst she is in UK or she has to be residing and working in US?

2) Also is she eligible to convert to US citizenship when she completes 5 years next year?

Thanks

[Marco 72]

Hi,

My wife is a US Green card Permanent Resident) holder since June 2006. She is UK citizen and never lived or worked in US other than visiting US once every year to keep the conditions.

We got married in UK this year and she wants to sponsor me for Green Card:

1) Can my wife sponsor me for Green Card whilst she is in UK or she has to be residing and working in US?

2) Also is she eligible to convert to US citizenship when she completes 5 years next year?

Thanks

You give insufficient information. Does your wife by any chance work for a US company, or the US government, or a US institution? Did she get a re-entry permit before leaving the US? Has she been filing US taxes since leaving the US?

[ks]

Hi Marco,

No She never worked for any US company...and hence never paid taxes there.

Being a British citizen she just kept US Green Card to keep her future proof in case she wants to move.

She has maintained all her conditions by visiting US once a year.

What do you think?

[Marco 72]

Hi Marco,

No She never worked for any US company...and hence never paid taxes there.

Being a British citizen she just kept US Green Card to keep her future proof in case she wants to move.

She has maintained all her conditions by visiting US once a year.

What do you think?

I actually asked if she had filed (not paid) US taxes during these years. Most US citizens and permanent residents are required to file to the IRS regardless of where they live. For a LPR, not filing taxes can be considered an indication of having abandoned permanent residence.

She did not "maintain all her conditions" by visiting the US once a year. A LPR is supposed to live in the US. It's a common misconception that one can keep LPR status by visiting the US once or twice a year. In fact, from what you write it sounds possible that your wife has already abandoned her LPR status. It would be a good idea to consult an immigration attorney, preferrably one familiar with green card abandonment issues.

[Marco 72]

As for your other question, no, your wife won't be able to naturalise as a US citizen after 5 years, since she won't meet the residence requirement (even assuming her green card is still valid).

[oglakci]

Hi,

I have also got a green card from DV lottery and living in the UK but I won't be able to move to US for at least couple of years and I am planning to do what your wife has been doing.

My question is that has she been interrogated or did have any problems at the point of entry each time she was visiting US? Was she just fine each time the visa got extended?

Cheers,
Onat