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  • Qns regarding GC sponsorship and overseas living...

    Here's my situation

    -I am an indian citizen with (work based) US GC, since April 2002
    -Wife is Malaysian citizen on employer sponsored H1B
    -We've been married for 1 year
    -I am eligible for US citizenship in April '07, & expectedly, if I file 4/2007 - 90 days, I should get my US citizenship by Fall 2007.
    -My wife's H1-B runs out in April 2008

    Questions I have are:
    1) Should I petition for her immigrant visa (file I130 & I485) while on GC? or would it be more useful to get citizenship and then sponsor her in late-2007?

    2) After my wife gets her Greencard, if both of us plan on working in Singapore for a few years from 2008 onward, would that jeopardize my wife's Greencard (i.e. would she have to repeatedly apply for re-entry permits?) ??

    We plan on being in Singapore for several years, but may find ourselves visiting US, on short trips (couple of weeks), 1-3 times per year.

    Any thoughts would be much appreciated. Thanks.

  • #2
    YOu can petition now under F2A but the wait for all world citizens(except mexico) is about 5 years for F2A. This petition will be converted to an immediate relative petition once you become a USC.
    OR You can choose to wait and petition her as an immediate relative AFTER becoming a USC.

    Either way, the result will be the same; Once you have an immediate relative petiton she can get her green card in the US within a year, that is if you become a USC in late 2007, she should have her gc by mid -late 2008,
    depending on where you people live. Even if her H-1b epires april/07, she will still be legal pending her IR immigrant petition interview, she should obtain an employment authorization based on this petition that will be valid even when her H1b expires.

    About overseas stay 2008 and beyond;
    LOng absences from US may result in abandonment of LPR status (green card). To avoid this, there is a special law for spouses of USCs working abroad under certain occupations. SEC 319(b) EXPEDITED NATURALIZATION.
    Your spouse can become a USC within a year of getting her GC.

    Please provide details about your prospective employer in singapore
    to see if 319b will apply in your case.

    Originally posted by aninda
    Here's my situation

    -I am an indian citizen with (work based) US GC, since April 2002
    -Wife is Malaysian citizen on employer sponsored H1B
    -We've been married for 1 year
    -I am eligible for US citizenship in April '07, & expectedly, if I file 4/2007 - 90 days, I should get my US citizenship by Fall 2007.
    -My wife's H1-B runs out in April 2008

    Questions I have are:
    1) Should I petition for her immigrant visa (file I130 & I485) while on GC? or would it be more useful to get citizenship and then sponsor her in late-2007?

    2) After my wife gets her Greencard, if both of us plan on working in Singapore for a few years from 2008 onward, would that jeopardize my wife's Greencard (i.e. would she have to repeatedly apply for re-entry permits?) ??

    We plan on being in Singapore for several years, but may find ourselves visiting US, on short trips (couple of weeks), 1-3 times per year.

    Any thoughts would be much appreciated. Thanks.

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