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My Family Background - I got married in Sep 2012. My wife…

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My Family Background-...
My Family Background- I got married in Sep 2012. My wife and I came to USA in L1A visa, and then we received our Green Card on October 2013. (via EB1- Employment)- My wife and I got divorced (in India) on December 2016.- I have been living in the US since 2012. My ex-wife has been living in India since Dec 2013. (I am assuming her GC is now invalid as she has been outside US for more than 4 years)- I got re-married on November 2017, in India- My wife is currently based out of India.Objective- Need to apply for immigrant petition for my wife by LPR.I understand that the current wait period to obtain immigrant petition / visa for a LPR is close to 2 years. Which means my wife cannot join me immediately.In this regard, I wanted to check if you can advise/ and help me with the below process/file with immigrant related process? (OR) kindly advise the best approach1. I apply for re-entry permit (finish my biometrics in US, and then collect the approved petition at India Consulate)2. Then I move to India for say 2 years, so that my wife and I can stay together.
3 In parallel we can start the GC processing for my wife first step being I130 petition ( followed by with NVC processing, visa interview..etc)4. Once my wife finishes her visa interview process in India, she can then join me in the US (as a dependent of a GC holder)Few clarifications1. Given that I am applying for a reentry permit and will be residing outside US for say around 2 years, will this hamper my wife`s GC process? i.e do I physically need to be in the US for the entire duration of my wife`s GC processing?2. After applying for my reentry permit, and while I am staying in India, can I start my USA Citizenship/naturalization process ? (I will be eligible to apply for my citizenship in July 2018) (or) do i need to physically be present in the US to initiate the process?3. During the entire process/cycle of my wife`s GC processing, do we need a physical address in the US (for paper work), if yes can I use your firm`s address (or) do I need to obtain a friends`s address that we can use?
Submitted: 7 months ago.Category: Immigration Law
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12/13/2017
Immigration Lawyer: Expert James, Lawyer replied 7 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,381
Experience: Write FOR JAMES to get my help!
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Hello! My name is***** have over 12 years of legal experience. Please allow me some time to review your question.

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Immigration Lawyer: Expert James, Lawyer replied 7 months ago

You've provided and requested a lot of information. It's going to take a while to go through it all. Thank you for your patience.

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Customer reply replied 7 months ago
Thank you for your time and help.
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

Are you not eligible to become a US citizen in October 2018?

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Customer reply replied 7 months ago
I do complete 5 years on my GC on October 2018. i believe i can apply for naturalization in July 2018 (3 months before completing 5 years) however i believe the current wait time (for processing) to become a citizen is 1 year at Dallas centre. which means I need to be away from my wife ....
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

But you understand that being abroad for that amount of time can cause issues for eligibility for naturalization in 2018.

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Customer reply replied 7 months ago
I agree that being away from US will impact my naturalization. however I wanted to check if-- there will be any impact to my wife`s GC processing? do i need to physically be in the US till she gets a GC?
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

QUESTION 1: Given that I am applying for a reentry permit and will be residing outside the US for say around 2 years, will this hamper my wife`s GC process? i.e do I physically need to be in the US for the entire duration of my wife`s GC processing?

ANSWER: No, you do not have to be physically in the US. As long as you can show that you will be able to support her from the US when she immigrates, that is fine. Keep in mind that a Re-Enter Permit does not guarantee that you can return.

QUESTION 2: After applying for my reentry permit, and while I am staying in India, can I start my USA Citizenship/naturalization process? (I will be eligible to apply for my citizenship in July 2018) (or) do I need to physically be present in the US to initiate the process?
ANSWER: You need to be physically in the US and you need to establish residency in the state from which you intend to apply for at least 90 days. Note that you may break continuous residence by being abroad for 6 months or more in any given year or in any given trip. The Re-Enter Permit does not retain your continuous residence.

QUESTION 3: During the entire process/cycle of my wife`s GC processing, do we need a physical address in the US (for paperwork), if yes can I use your firm's address (or) do I need to obtain a friend's address that we can use?

ANSWER: This is not a law firm. You can have your attorney be the point person for mailings or a friend.family member. Note that your intent to maintain your resident status can be questioned even if you have the re-entry permit. If it is, you will need to show ties to the US. Usually, that's property, bank accounts, filing tax returns, etc.

I hope that answers your questions.

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Customer reply replied 7 months ago
Thank you for your time
Answer #1- my understanding is when you have a approved reentry permit, then USCIS will allow me to enter US?Answer #2 – after I file for naturalization in july 2018, can I leave to india for 2 years? At what point do I need to be in US for 90 days(which stage of processing)Answer#3- given that I will be staying outside US for 2 years (post approval of reentry permit,) I will not have any income in US hence I believe I don’t need to file any taxes. I also do not have any property to showcase. I only have a bank account here in US. Is this sufficient or will it weaken my case?
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

In all of my answers, I choose to provide general information about the realm of possibilities (i.e., what CAN happen in any specific case). That is my job. If I only tell you what usually happens, and then something within the realm of possibilities does happen, then I will be blamed for not warning you.

The fact is, most cases are straightforward. What I am trying to do is give you information that you can work with to make the best decision, in the off chance that something out of the ordinary happens. Unfortunately, I cannot predict outcomes and I do not know the "chances" that something specific will happen.

ANSWER #1: The Re-Entry Permit does not guarantee you entry to the US. True that in the vast majority of cases, it will, and that without it, having spent a year or more abroad, it automatically results in abandonment of permanent resident status, but it does not necessarily guarantee that you will be allowed to return. I do not think that will be the case here, but I would be remiss if I did not tell you that and then in the very slight chance that it happens, you are denied entry. It is an FYI situation.

ANSWER #2: You are a resident alien until you are sworn in as a US citizen. Work off of that information.

ANSWER #3: Read my answer again. You need to show ties to the US. There is no specific list of items that you MUST show; what I provided is a list of the things people usually show that are sufficient to meet the burden, which is on you. I do not think that having a bank account is sufficient. You need to show that the US is your principal place of domicile, irrespective of the fact that you are not currently living here full time. The reason a bank account would not be enough, in my view, is that many people who are not residents of the US (i.e., the US is not their principal place of domicile) have US bank accounts for various reasons.

Please give me credit for doing my job by clicking on 4 or 5 stars now. If you do not see those, then check that you have enabled pop-ups. Thank you!

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