ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 8 of 8

Thread: U.S Citizen assumtion??????

  1. #1
    Hello dear attorney:

    I have one question. I am about to apply for U.S citizenship. I married U.S Citizen and received green card. It has been 3 years since I received green card. As far as I know, the law says that my husband and me have to live together after I receive green card and up to current in order to apply U.S Citizen after 3 years of receiving green card, but we don't live together now. The reason for not living together is this: he is working in Pakistan, which is very dangerous country, therefore, we decided that I don't go with him to the Pakistan. So I am living in U.S now. He is living in the Pakistan.(recently, he came back home and we are living together, but he will go back to the Pakistan after one month.)

    My question is that do you think immigration will make an assumstion for this type of case? Also, the law says that "CURRENTLY HUSBAND AND WIFE MUST LIVE TOGETHER," then HOW ABOUT I SEND APPLICATION WHILE HE IS LIVING WITH ME RECENTLY?

    Any advise?

    thanks!

  2. #2
    Hello dear attorney:

    I have one question. I am about to apply for U.S citizenship. I married U.S Citizen and received green card. It has been 3 years since I received green card. As far as I know, the law says that my husband and me have to live together after I receive green card and up to current in order to apply U.S Citizen after 3 years of receiving green card, but we don't live together now. The reason for not living together is this: he is working in Pakistan, which is very dangerous country, therefore, we decided that I don't go with him to the Pakistan. So I am living in U.S now. He is living in the Pakistan.(recently, he came back home and we are living together, but he will go back to the Pakistan after one month.)

    My question is that do you think immigration will make an assumstion for this type of case? Also, the law says that "CURRENTLY HUSBAND AND WIFE MUST LIVE TOGETHER," then HOW ABOUT I SEND APPLICATION WHILE HE IS LIVING WITH ME RECENTLY?

    Any advise?

    thanks!

  3. #3
    Advice: Wait until you've had permanent residency for five years, then apply for citizenship.

    If you're not living together, then you're not living together...and if he's living and working in Pakistan, then you're not living together.

    However, if he's working for the U.S. Government in Pakistan...then, that might make a difference - maybe others can advise.

    If he's working for a private employer (if such a thing exists in Pakistan), then I think that you must wait for five years.

    As an aside: I wonder what kind of grilling CBP gives him at the port of entry???

  4. #4
    I agree with the advice of SunDevilUSA Good work

  5. #5
    This all depends on what the USCIS' definition of "living together" is. What they may actually mean is that you are living together as husband as wife. If your husband still considers your marital home as his residence but is just stationed abroad for a job temporarily, then you may be able to go ahead.

  6. #6
    You can apply, but your application will be considered fraudulent because you live separately from your husband.

  7. #7
    Hello Mrs. Mani, your thinking is positive and that is exactly our case now. My husband pay morgage, my medical insurance, my car insurance, also give me money to survive etc... he come back home and stay with me 1 or 2 monthes each year, so we are living together, it is just not living together long time. My husband keep looking for job in USA, and he work there temporary.

    anyone give me more advise since I explained more about my case? thanks!!!

  8. #8
    You are living together and you are satisfying the cohabitation and a continuing marriage viability requirements as lawful spouses for immigration purposes. Don't believe the naysayers who tend to indicate that the USCIS adjudicators are icily detached from the realism of the present-day globalized world economy.

    But you have to do some extra work in collaboration with your lawyer. Collect all documentary proof of what you have mentioned about what your hubby is currently paying in the US over time. Additionally, get copies of your email exchanges, phone bills that reflect his contacts with you, his back and forth plane tickets, proof of his remittances, his income tax returns, and the likes.

Similar Threads

  1. A real thread - US citizen marrying a Mexican citizen
    By rayban in forum Immigration Discussion
    Replies: 16
    Last Post: 12-24-2007, 04:13 PM
  2. Replies: 17
    Last Post: 03-01-2007, 02:46 PM
  3. puerto rican citizen are US citizen too?
    By solodacat in forum Immigration Discussion
    Replies: 1
    Last Post: 02-08-2007, 01:26 AM
  4. US Citizen marries a Non US citizen on US Territory
    By Shar1 in forum Immigration Discussion
    Replies: 6
    Last Post: 03-30-2006, 04:28 PM
  5. Replies: 2
    Last Post: 09-09-2002, 12:55 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: