New York, NY asked in Immigration Law for Virginia

Q: I’m a natural-born American citizen living overseas, about to marry a Filipina woman. We don’t expect to live in the U.S

As far as I can tell from the USCIS site, to get her a green card once we’re married, I just fill out a form I-130 and we wait: https://www.uscis.gov/family/family-us-citizens It looks like it’s no problem for us to live overseas while we wait for the application to be processed, and that the process takes less than a year. Do I have all that right?

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1 Lawyer Answer

A: Yo are partially correct. The Alien Relative Petition is the first step. Your wife will need to complete the Application to Adjust Status to that of an LPR. However, specific rules apply to LPR status. Resident means resident. Your wife and you do not have a residence in the United States. Only if you are in the military is their an exception.

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