Could I obtain a legal residency or citizenship if my US citizen spouse andI live overseas with no intention to move back to the US at present?

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Could I obtain a legal residency or citizenship if my US citizen spouse andI live overseas with no intention to move back to the US at present?

My US citizen wife and I got married 2 years ago in the US but since day one we have been living overseas. Our daughter was born 1 1/2 months ago, also abroad, but we went to the US consulate to ask for a birth certificate and a passport. A week ago we received the documents. We have no plans to move back to the US anytime soon. However I would like to know if there is something my wife and I should do in order to obtain a legal residency or citizenship for me while we are living overseas? Right now I only have a B1/B2 visa.

Asked on January 13, 2012 under Immigration Law, Alaska

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are not now and do not plan to live in the US, you cannot obtain residency for your wife at this time.  WHen you decide to move to the US on a permanent basis, you will be able to petition for your wife's immigrant visa to enable her to move to the US as a permanent resident (green card holder).


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