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  • Marriage & Green Cards

    Hello everyone, I recently looked in to applying for my green card, i am a canadian citizen and got married in 2017 to my wife who is a US cititzen,
    I started looking in to it, and wondering if there is a problem if we do not live in the USA.
    The main reason i'm looking at a green card is for potential jobs in the USA, a lot of companies do not want to deal with sponsoring, and would much rather have a candidate with a green card.
    since i'm technically eligible, is this possible, and what's the best way to go about this?

    Thanks!

  • #2
    In order to file for a green card, you must either reside in the United States or intend to establish residence in the United States. If you apply from abroad, your USC spouse will eventually have to show that she has established residence in the United States.

    The best way to go about it depends on your priorities. One way would be to file from abroad and establish residency prior to your interview. I.e. rent an apartment, have your spouse find a job & open US bank accounts, etc. Another way is for your spouse to move there and petition for you, but in this case, you would be apart for about a year, which many couples do not want. Another way is to try to get a visitor visa, which may be denied because of your marriage to a USC, and then adjust status in the US. But in this case, even though you would be together, you couldn't work for 4-7 months while you wait for work authorization to be approved.
    2/20: Received at Chicago lockbox
    4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
    4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
    4/19: Request to expedite EAD
    5/11: Received EAD
    6/26: Applied for Advance Parole
    8/09: Advance Parole approved
    8/29: Scheduled for Interview
    10/11: Interview
    10/12: RFE on I-130 (misplaced G28)
    10/16: Sent new G28
    10/19: Approved!

    Comment


    • #3
      Thanks! My spouse still has a bank account in the USA, and family which could support us or let us stay with them which we can show, is that sufficient for intent?
      And i'm new to this, are interviews mandatory?

      Comment


      • #4
        Yes, interviews for adjustment of status are mandatory.

        Regarding the sufficiency of evidence, it may be enough but it partly depends on the officer. You may want to think about getting letters from those family members stating that they will host you until you find a more permanent residence in the United States. In addition, if the USC has a job offer in the US for the time you intend to return, that is also good evidence. If they don't, it would be good to submit evidence that they are actively searching for a job (communications with HR depts, confirmation of resume submission, etc.). The bank account should have some activity, even if it is not much.
        2/20: Received at Chicago lockbox
        4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
        4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
        4/19: Request to expedite EAD
        5/11: Received EAD
        6/26: Applied for Advance Parole
        8/09: Advance Parole approved
        8/29: Scheduled for Interview
        10/11: Interview
        10/12: RFE on I-130 (misplaced G28)
        10/16: Sent new G28
        10/19: Approved!

        Comment

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