Getting A Green Card\US citizenship

[tmendy226]

Question: I’m a European citizen and recently got married to an American citizen. I’m currently on a student visa and planning to go to Europe over Sukkos and planning to start the green card process afterwards. Is it true that I shouldn’t get ligally married if I intend to leave the US and come back since the border control might deny me entry to the us since I would be considered a potential immigrant?

Thanks

[Zevi16]

Question: I’m a European citizen and recently got married to an American citizen. I’m currently on a student visa and planning to go to Europe over Sukkos and planning to start the green card process afterwards. Is it true that I shouldn’t get ligally married if I intend to leave the US and come back since the border control might deny me entry to the us since I would be considered a potential immigrant?

Thanks

Never heard of that issue before.
I got married legally and left the country for almost 2 years (I came back multiple times in between for vacation) and after that I started my application.

[gozalim]

Never heard of that issue before.
I got married legally and left the country for almost 2 years (I came back multiple times in between for vacation) and after that I started my application.

difference might be that the American spouse is residing abroad, arriving with a return ticket etc.

[Zevi16]

difference might be that the American spouse is residing abroad, arriving with a return ticket etc.

I don’t get it. His wife is currently in USA and they are getting married here and then going out for sukkos. I would say wait till you come back.

[Essen est zich]

Hi. Does anyone have any good recommendation for a immigration lawyer for green card application in Brooklyn? I'm looking to pay less than 1k. Please pm me.

[Essen est zich]

Has anyone filled for the green card application while having essential plan 1 healthcare?

Is that considered public assistance or not?

[tmendy226]

Has anyone filled for the green card application while having essential plan 1 healthcare?

Is that considered public assistance or not?

I just filed two weeks ago, I got a lawyer to just review my papers.

Yes it is considered public assistance but if you got it for being a student you should write that in the notes at the end.

He also advised me that if I wouldn’t have gotten it for being a student, that it would’ve been better to  stop it before sending my application

[davidd75]

American citizen(student) is married to an Israeli spouse and they live in Israel.  What's the best way to get the non-citizen spouse a green card?  Do they have to come to the US at some point to complete the process?  Does the US citizen have to prove she can support him even if they live in Israel?

[imayid2]

American citizen(student) is married to an Israeli spouse and they live in Israel.  What's the best way to get the non-citizen spouse a green card?  Do they have to come to the US at some point to complete the process?  Does the US citizen have to prove she can support him even if they live in Israel?

I think they would have to be relocating to the US for spouse to get citizenship.

[sguitarist18]

Individual is 80+ years old, worked on the books for many years, had a green card related to his marriage to US citizen. Got divorced 20-30 years ago, and at the time was supposed to re-apply for a green card, or something along those lines. He did not.

Now he doesn't get Social Security, even though he's entitled to it based on his work history. Is there any immigration attorney who would take this kind of case for a percentage of the back-owed SSA payments? (e.g., if he was due $1k/month for 20 years, SSA would owe him $240k).

[imayid2]

Individual is 80+ years old, worked on the books for many years, had a green card related to his marriage to US citizen. Got divorced 20-30 years ago, and at the time was supposed to re-apply for a green card, or something along those lines. He did not.

Now he doesn't get Social Security, even though he's entitled to it based on his work history. Is there any immigration attorney who would take this kind of case for a percentage of the back-owed SSA payments? (e.g., if he was due $1k/month for 20 years, SSA would owe him $240k).

Try Attorney Joel Pfeffer 412-456-2877. I know people who called to consult him and he was very gracious in explaining the legalities even though those specific cases were futile.

[davidd75]

I think they would have to be relocating to the US for spouse to get citizenship.

thanks
what about to get green card?

[imayid2]

thanks
what about to get green card?

I think it’s the same.

[aygart]

I think it’s the same.

Green card is permanent resident not citizen

[davidd75]

Green card is permanent resident not citizen

I think he meant you still have to reside in the US to get a green card

[davidd75]

So basically regarding a couple married and living in Israel; the non-permanent resident cannot get a green card as long as they continue to reside abroad?  They would have to commit to live in the US?

what do the all the children of US citizens who live abroad do?

[imayid2]

So basically regarding a couple married and living in Israel; the non-permanent resident cannot get a green card as long as they continue to reside abroad?  They would have to commit to live in the US?

what do the all the children of US citizens who live abroad do?

Children born to an American parent are automatically eligible for citizenship regardless of where they reside.

[imayid2]

So basically regarding a couple married and living in Israel; the non-permanent resident cannot get a green card as long as they continue to reside abroad?

Correct.

They would have to commit to live in the US?

Technically you just have to be a going for an extended period of time. Spouse would be eligible for a conditional green card for two years, then can apply for a permanent one. However when subsequently applying for citizenship after a 3 year minimum, spouse will have to specific how many times and for how long they were out of the country. FWIU if it was too long they can be denied. After receiving citizenship there are no restrictions.

[davidd75]

Correct.Technically you just have to be a going for an extended period of time. Spouse would be eligible for a conditional green card for two years, then can apply for a permanent one. However when subsequently applying for citizenship after a 3 year minimum, spouse will have to specific how many times and for how long they were out of the country. FWIU if it was too long they can be denied. After receiving citizenship there are no restrictions.

I see thank you so much!
Two other questions:

1. Is the non-citizen eligible for anything meaning can he apply for anything(some kind of immigration or non-immigration status) while they are living abroad?
2. When you say "going for an extended period of time", you mean they would have to go to the US and reside in the US to get the conditional green card and then after 2 years in the US they can apply for a permanent green card?

[imayid2]

I see thank you so much!
Two other questions:

1. Is the non-citizen eligible for anything meaning can he apply for anything(some kind of immigration or non-immigration status) while they are living abroad?

FWIU any status is only possible in order to reside in the US. But this can, and technically legally must be done, from outside the country. So you would start the process, and upon approval move to the US to finish it.
Unless someone comes in as a tourist and has a change of heart and decides to stay. A lawyer has to be consulted to ensure they wouldn’t be accused of visa fraud.

2. When you say "going for an extended period of time", you mean they would have to go to the US and reside in the US to get the conditional green card and then after 2 years in the US they can apply for a permanent green card?

Yes.
This is all my understanding. I haven’t done this personally in that particular situation so you ought  to confirm all this.