US residency for Argentines??

[YaquiWilson]

A US citizen friend of mine is planning to marry his Argentine girlfriend.

They are currently obtaining the special Visa Fiancé for her to travel to meet his folks and plan to fly up to Vegas and get married (LOL typical) and then come back to BA, he wants to obtain US residency and later citizenship after a few years for the girlfriend, however, both of them want to continue to live in BA because this is where he is working right now and her parents are quite needy.

He's asked me if I knew of possibilities for Argentines that are wed to US citizens obtaining US residency while still living abroad with their spouse?

Anybody have any info on this?

Thanks

 

[Chesse]

Your friend seems to be managing temporary residency by spending a significant portion of the year in the U.S., despite potential challenges with the number of exits and entrances. While this approach might work for maintaining temporary residency, the path to permanent residency and citizenship can have additional requirements and complexities.

To qualify for permanent residency, individuals often need to demonstrate a more prolonged and consistent residence in the country. Citizenship requirements typically involve a certain number of years of continuous residency, among other criteria.

Maintaining compliance with immigration laws and requirements is crucial. Your friend's immigration attorney may provide guidance on the potential challenges and implications of the chosen approach, especially when pursuing permanent residency and citizenship.

It's important to note that immigration laws and procedures can vary, and individuals should seek advice from legal professionals to navigate the complexities effectively.

 

[TechNow]

A US citizen friend of mine is planning to marry his Argentine girlfriend.

They are currently obtaining the special Visa Fiancé for her to travel to meet his folks and plan to fly up to Vegas and get married (LOL typical) and then come back to BA, he wants to obtain US residency and later citizenship after a few years for the girlfriend, however, both of them want to continue to live in BA because this is where he is working right now and her parents are quite needy.

He's asked me if I knew of possibilities for Argentines that are wed to US citizens obtaining US residency while still living abroad with their spouse?

Anybody have any info on this?

Thanks

I am in the same situation (my wife is Argentine and we live in Argentina). It can't be done. You have to apply for the residency when you actually want to go and live in the USA. But you can't apply and then not use it.

But residency for a spouse is approved automatically. You don't have any wait list or anything.

 

[earlyretirement]

I am in the same situation (my wife is Argentine and we live in Argentina). It can't be done. You have to apply for the residency when you actually want to go and live in the USA. But you can't apply and then not use it.

But residency for a spouse is approved automatically. You don't have any wait list or anything.

This is exactly correct. You have to wait until you are ready to go move to the USA. I got married several years ago in Buenos Aires but we couldn't apply for USA residency for my wife until we were ready to re-locate back to the USA.

You don't have to wait for anything once you are ready to file. The employees at the USA Embassy in Buenos Aires are SUPER friendly and helpful. It was super easy. We just applied and had to show paperwork, photos, documentation of the marriage and it was super easy. She had to enter the USA before a set date and she got a temporary green card for 2 years. Then when that was up you have to remember that you MUST re-apply to get a one year extension on it. And keep in mind you can't apply too far ahead of time for it. I think you have to wait for something like less than 90 days before it expires.

I never knew about this going into the process but it's important to remember as we didn't get any notice or anything in the mail. I had to search this out and find out what the next step is after the temporary green card expired after 2 years.

You have to fill out the form I-751 (Petition to remove conditions on residence). -- (http://www.uscis.gov/files/form/i-751.pdf). You have to pay $590 in various fees to get it renewed and we had to show tax returns, bank statements, wife's State driver's license, car registration and insurance paperwork, utility bills, etc. They basically want to see proof that you are still together and in fact living where you claim to be living. My wife also had to go personally to an office to go get her biometrics (fingerprints, etc) taken.

They don't care if you're traveling around on vacation but they will flag you if you're living the majority of the time outside of the USA. It's best to do once you are ready to live in the USA for an extended period.

Then your spouse can get citizenship after 3 years. The funny thing is they don't give you another Green Card with a new expiration date. They only send you this letter that says your Green card is extended another year that you have to carry around with your green card when you travel.

 

[MDirtBoy]

The advice given is accurate, based on personal experience. As a U.S. citizen married to a Brazilian and currently residing in Argentina, the process of obtaining a green card for your wife was navigated successfully. Immigration authorities prioritize understanding the individual's intent, particularly whether the intention is to establish residence in the U.S. Factors such as the amount of time spent outside the U.S., employment abroad, and other indicators play a role in determining intent. It's emphasized that maintaining transparency with immigration authorities is crucial. Any attempt to deceive or provide false information can jeopardize the entire process, and legal consequences may follow. Additionally, the process is acknowledged as being financially demanding. Overall, congratulations on reaching this stage, and good luck with the immigration journey.

 

[earlyretirement]

The advice given is accurate, based on personal experience. As a U.S. citizen married to a Brazilian and currently residing in Argentina, the process of obtaining a green card for your wife was navigated successfully. Immigration authorities prioritize understanding the individual's intent, particularly whether the intention is to establish residence in the U.S. Factors such as the amount of time spent outside the U.S., employment abroad, and other indicators play a role in determining intent. It's emphasized that maintaining transparency with immigration authorities is crucial. Any attempt to deceive or provide false information can jeopardize the entire process, and legal consequences may follow. Additionally, the process is acknowledged as being financially demanding. Overall, congratulations on reaching this stage, and good luck with the immigration journey.

Actually I don't think this has to be an "expensive process" at all. I didn't spend a penny on it. I did it all myself and I thought the process was very easy. I'm fairly good with legal matters but still I didn't think it was difficult and certainly someone could do all of this themselves without a lawyer. They key is to follow each step and be very detailed with the paperwork.

The forms are all downloadable from the website and it's just a matter of gathering the documents that they ask for. I don't think anyone that really is living in the USA would have any problems at all. I can't see any need to hire a lawyer unless you have some really difficult situation or something more complicated.

But if you're a US citizen and living in the USA and legally married and residing in the USA it's all straight forward and you can easily do it yourself.

I do agree to be completely honest with immigration. I have a good friend and he married a Brazilian girl and she spent the majority of the year in Brazil as she didn't really want to live in the USA as she missed Brazil and spent more time with her family. Long story short....she didn't get her permanent residency extended after her 2 year initial period.

I wouldn't jeopardize messing around with going through the USA residency process until you really are moving to the USA. It will make it more complicated later. Your spouse can easily get a long term tourist visa to go back and forth until you are ready to get her residency. Certainly not worth it to jeopardize the situation because then later when you really will move to the USA you could have problems.

 

[MDirtBoy]

Actually I don't think this has to be an "expensive process" at all. I didn't spend a penny on it. I did it all myself and I thought the process was very easy. I'm fairly good with legal matters but still I didn't think it was difficult and certainly someone could do all of this themselves without a lawyer. They key is to follow each step and be very detailed with the paperwork.

The forms are all downloadable from the website and it's just a matter of gathering the documents that they ask for. I don't think anyone that really is living in the USA would have any problems at all. I can't see any need to hire a lawyer unless you have some really difficult situation or something more complicated.

But if you're a US citizen and living in the USA and legally married and residing in the USA it's all straight forward and you can easily do it yourself.

I do agree to be completely honest with immigration. I have a good friend and he married a Brazilian girl and she spent the majority of the year in Brazil as she didn't really want to live in the USA as she missed Brazil and spent more time with her family. Long story short....she didn't get her permanent residency extended after her 2 year initial period.

I wouldn't jeopardize messing around with going through the USA residency process until you really are moving to the USA. It will make it more complicated later. Your spouse can easily get a long term tourist visa to go back and forth until you are ready to get her residency. Certainly not worth it to jeopardize the situation because then later when you really will move to the USA you could have problems.

How did you do this? Filing the forms isn't free.

 

[earlyretirement]

How did you do this? Filing the forms isn't free.

Ah, I wasn't referring to any filing fees. There I agree they add up but I still didn't think it was too bad considering she would get permanent residency to live in the USA. As I mentioned it was $590 to renew. And a few hundred that we paid to the US Embassy in Buenos Aires but I was referring to legal fees since you mentioned your lawyer.

I just filed all the paperwork myself. I didn't use any attorney to do it. That was what I was referring to. Maybe I misunderstood your post that you paid legal fees to file these forms.

I spent far more time, red tape, aggravation and especially money getting permanent residency in Argentina than she spent getting permanent residency in the USA.