Corvallis, OR asked in Immigration Law for Oregon

Q: I'm a F1 student and attending a school. I get married last month and my wife is a US citizen.

I'm a F1 student and attending a school. I get married last month and my wife is a US citizen, but she lives in Middle East.

My wife is both a Saudi citizen and a US citizen (daul passports). Currently, she lives in the Saudi Arabia. I'm a Saudi too. I live in the US as a F1 international student, third year undergraduate.

My questions, please:

- Can I apply for green card while my wife lives abroad?

- I have my own business in Saudi Arabia, about $100,000 income a year. Will I have to include it when I pay tax every year.

- I will leave the US after three months and come back to the US with my wife two months later. Is it better to apply for green card after coming back to the US when my wife with me, or starts now while I'm in the US and she is abroad?

Thanks in advance.

Related Topics:
1 Lawyer Answer
Kelli Y. Allen
Kelli Y. Allen
PREMIUM
Answered
  • Immigration Law Lawyer
  • Charlotte, NC

A: Yes, your wife can begin the petitioning process from abroad. There are some other timing issues, however.

While you are here on the F1, you could file a one-step adjustment of status (AOS) petition. You would stay here while the application is being processed and your wife would need to be here by the time the interview is scheduled. If, however, you leave and re-enter on the F1, you could not then file for AOS because of the immigrant/non-immigrant intent issue. If you leave, when you re-enter on the F1, you must not have the intention of applying for permanent residence because that is a violation of the required non-immigrant intent. So if you leave, be prepared to leave again and process through the consulate.

I strongly advise having an immigration attorney handle the case for you. Your tax issue is outside my area of expertise, so I am unable to advise on that.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.