We have 2 small kids/Wife is on a conditionl green card/ I make little $. We r on MedI-Cal/Food Stamps. Is this a problem for gettng a perm Green Crd
Asked on Aug 31st, 2019 on Immigration - California
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We plan to stay in USA only for 5 years so she is eligible for spousal social security. The renewal is 4 months before 5 years is up. But we would like to visit the Phillipines for 4 to 5 months. This would extend the time we are in the USA. Are we risking too much and should stay put for now.
The I-751 petition to remove the conditional basis of residence status mainly looks to see whether the marriage is bona fide. As you have two young children, that burden would be met. If you are both going to the Philippines for 4-5 months, that would probably be all right, but if you put up the petition before leaving, your wife must return for the biometrics. I also note that under the new public charge rule due to come into effect on October 15, 2019, an absence of six months or more may subject a resident to questions concerning ability to support oneself without resorting to public benefits. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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