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can my spouse get citizenship if I remain abroad?

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Nina1438

Junior Member
I live in Chile with the father of my daughter. If we were to get married, could he get permanent residency or citizenship even if I resided in Chile, or would I be obligated to live in the US with him? I wouldn't mind traveling to the US but I don't want to live here.
 


t74

Member
You can file for your spouse if you marry outside the US or for a fiance isf you are residing in the US. Your child could file for a parent once the child is 21 and a resident in the US meeting the financial requirements. Look at the visajourney forum for a lot more information and help.

If you sponsor him, he must become a permanent resident first for at least 3 years before he could file for citizenship; that requires that he live and work in the US. You would also have to initially establish residency in the US to be able to sponsor him. You would have to have the income, savings or joint sponsor to meet the financial requirements. You would be filing as a "family reunification" petition; that has the expectation the the family will all be US residents. If he becomes a permanent resident based on child filing for a parent, he would need to live and work in the US for at least 5 years to be able to file for citizenship

I hope you have been filing US tax returns on your income as is required for all US citizens-even those living elsewhere. If he becomes a permanent resident and then a citizen, you and he would be required to file tax returns on your combined world wide income no matter where you live.
 
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FlyingRon

Senior Member
As T74 told you, there is a residency requirement on his part before he can apply for citizenship.
Further, LPR status is not some convenience you get if you don't intend to reside in the US. It will not be issued, nor can it be maintained, if you do not reside in the US (subject to permitted absences abroad).

As for your child, depending on the timing they may or may not already have US citizenship. You may wish to consult an attorney on that issue.
 

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