Can I file an immigration petition from overseas or do I have to be in the United States? 3 Answers as of February 15, 2011I just married my husband who is Dominican. I am an American citizen and I am here in the Dominican Republic. I plan on petitioning for him in another month. My question is, can I enter his papers and reside with him here in the Dominican Republic or am I required to travel back to the United States and wait as the process develops. Is there a minimum amount of time I am allowed to be away from the States? Can’t I just stay here for 8-9 months consecutively? Can you please help me or send me a link? I am desperate and lost.
Pacifica Legal Services | Floyd Fernandez
You are required to maintain your residence in the USA, however that does not mean you have to be in the country, just maintain the residence through some indication of residence (phone, mail, bank account). You have to maintain residence in the USA for at least 3 of 5 years prior to the petition for your husband, and stay no more than 6 months at one time in the Dominican Republic. If you want to discuss the matter further, call or e-mail me.
Answer Applies to: California
Law Office of Immigration & International Trade Law | Linda Liang
You are American citizen. You won't lose citizenship for staying overseas for too long. And you can file petition even if you are not here. Your lawyer here can handle everything for you. If you need one, contact us, please.
Answer Applies to: Florida
William C. Gosnell, Attorney at Law | William C. Gosnell
You are a citizen you cannot lose your citizenship by staying away. Actually a petition filed from oversees is preferred. File i-130 but you must remain married for two years before this visa in granted.
Answer Applies to: Tennessee