If someone has conditional residency in the US, and marries a US citizen..?

Question

does it make it easier for him to gain citizenship and bring his family members? We have been married for 18 months, and after an argument he left the marriage, and will not reveal his where-abouts. But when I talk to him I feel like he's trying to keep me holding on as in buying time; is this perhaps my imagination just getting away with me, and this means nothing, other than him just being insensitive? Does this have anything to do with him getting citizenship?

He already has a green card, has been in the US since age 1, but is not yet a citizen; and has conditional residency.

been in us since age 12

so again, he had his green card when I married him, has been in the states since age 12. Has conditional residency; no citizenship, but wants to bring his family over; we are currently married, for 18 months.

Does he need to stay married to me to get citizenship...does it make it easier?

Answer 1

I assume that he doesnt' have a temporary or conditional green card but currently has a 10 year green card. And if he has had this 10 year green card since the age of 12, he can apply for citizenship anytime( well I just assume that he is older than 20 years old). In order to qualify to appy for citizenship, he needs to be a green car holder for at least 5 years, and I'm guessing he has been a 10 year green card holder for more than 5 years. So he is totally qualified to apply for citizenship anytime ( but he has to be at least 18 years old).

And if he has a citizenship, he can bring his family over. But if he stays as a green card holder, he can't bring them over to the states.

And I really don't know what's happend between you and your husband. But I assume that you probably have a temporary green card right now and you will need to remove the conditional status soon. If you can't file the petition for removing your conditional status, you are going to loose your green card. So if you can't find your husband, I don't know what's going to happen to you. I recommend that you should contact an immigration lawyer and ask what you need to do in oder for you not to loose your green card.

Or if you haven't filed the petition for Adjustment of Status or Lawful Permanet Residence since you married your husband, that means you've lived in the US for a quite long time illegally. I don't know how you entered the US. but you should contact an immigration lawyer anyway to ask what you need to do.

And if he is a 10 year green card holder, that means he doesn't need to worry about his visa and living in the US. So the reason why he doesn't tell you where he lives right now doesn't have to do with his visa issue because he doesn't have any visa issue in the first place. The reason is porbably more like the relationship issue between you and your husband.

Anyway, I don't really know what's going to happen between two of you. But all I can tell you is that you should probably contact an immigration lawyer soon and ask what you need to do because you are the one that will have the problem living in the states.

Answer 2

Diane, I have been looking at the USCIS website and found that to be a citizen you have to be a permanent resident, you said that he is a conditional resident since age 12. I am not a lawyer but that does not make sense to me, If at age 12 he was a conditional resident then at some point he or his family had to file for the permanent residency and then renew his permanent residency card every ten years. Maybe he is a permanent resident and you did not know.

Well, let's say that he is a permanent resident at least 18 years old, after 5 years of obtaining his residency he (married or single, in other words no help from the wife : You) can apply for the naturalization ( citizenship).

Now from what you wrote, it seems to me that he does NOT need you to be a citizen of this country:
1. He got his residency before he met you.
2. Since he was a resident when he married you, you did not file anything to the USCIS.
Besides if he needed you, you two had to go to an interview to get his conditional residency, then after 2 years of obtaining the conditional residency, you two have to file more papers, pay more fees, and go to a second interview this time for the permanent residency. Getting the permanent residency is not an automatical process. He cannot make you wait till the second year comes around and then magically be a citizen.

3. If he wanted to be a citizen, he could have done it with his residency card when he was 18 years old ( one more time no wife required).

Take a look at the general naturalization ( citizenship) requirements:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=12e596981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1RCRD

Please let me know if that helped you.

Answer 3

Add info:

1. Did he already have a Green Card when he married you???

2. If Not did you go to immigration interview ???

If Both are no, you can withdraw your I-130 application.
If he already got his conditional residency, removing him is a problem, Consult immigration.
Divorcing him would be a good idea, but its an uphill battle on your part now.


EDITED to add:, well, since he already had his GC, then he cannot use you for immigration. Thats if he HAD GC before marrying you.

Clarify, DID he have a GC when he married you (Hes being here from age 12, doesnt mean he has been here legally).

Answer 4

i think they autimatically become a citizen when they apply