A lot of folks are kind of stuck in this situation of thinking about should I become a citizen or should I not. We’re gonna talk about several factors or things to consider when you want to file the application, petition or just wait on it. Now most people think that oh, I can sponsor fiance. I know about that. There’s been a lot of callers that ask, well, can I sponsor a fiance visa as a resident? And unfortunately no, there’s no.

Eligibility for you based on a permanent resident. So you have to in that scenario, you definitely have to apply to become a citizen if you know you’re not too sure about your certificate other you don’t want to get married just yet you want to meet and again in person to you know make sure that the right match. I guess you can say that in the second thing you need to know what about filing as a resident? As a sponsor? Ok for your significant other? Is the beneficiary your significant other? Is that person living in the United States currently or abroad? Ok outside the US now here’s the deal.

There’s a lot more to consider if your significant other is in the United States, OK, because typically when people call in about this scenario, is your significant other has overstayed their visa or just hear, you know, enter America without any kind of visa at all, even if you’re your significant other, your spouse has entered with a visa but then overstayed their visa, then you’ll know about this. You’re going to accrue unlawful presence. When you’re over 18 years old and this matters because whether you entered America illegally without a visa or not, or with a visa and you overstayed, you would need a waiver if your sponsor is a permanent resident.

And here’s the deal. The key thing here is I’m going to share with you on the USCIS website, OK, so the first thing is that people wonder, what’s the magic? Why do I want to, you know, why do people kind of, you know, joke around and mess with you and say you should find a spouse? He was a US. Citizen that’s easy of course. Yeah that’s. I’m sure it’s very difficult number one to even find the right match. Ok for yourself and you might not even want to get married to someone. I get it. You know more people talking about this even if you did find the right match for yourself. Ok for marriage, which we do recommend that though.

If you’re going to get married, try to find the right match. Do not enter a marriage for an immigration benefit. Meaning you don’t actually care about the person you know you don’t love them because consequence here, friends. Is that if you USCIS determines that you have marriage fraud, you’re not going to be able to get any kind of immigration benefit in the future AKA residence status, green card and then in the future become a citizen. So that’s why you need to be very careful. You know, we’ve had some people call in and actually admit that and we had to tell them sorry, can I hire us? I’m sorry.

We’re going to offer you a quote or anything. So it’s very important. We’re looking out for the best interests of you. It’s very important that you do not enter. Marriage for immigration benefit only. So we do ask you don’t think that you can trick us, OK? Because if you think you can trick us, you won’t be able to. Because here’s the deal. We prepare you as best we can all the way through from Step A to Z for the inner interview, OK? And so they’re going to US officers going to ask you certain questions that some are straightforward and some are a little bit tricky, but you know, and then they need to be living with your spouse.

You might need, if you don’t know what a quote unquote normal marriage household look like. I guess they all look a little different. I mean, yeah, we not everyone has the same situation, but it’d be a little suspect if you don’t have clothes in the same closet. Oh, yeah, I get it maybe and if you have a really, really big house, then you have separate closets. Ok, understandable, but yeah, generally for money here from my friends. We all share closets, for better or worse. Ok, so here’s the deal. The waiver situation. What is this waiver? Why do I need it? Number one the reason I’m even sharing this in the 1st place today, this topic is because people y’all out there, some of y’all don’t want to become a US citizen.

I don’t know why. I think it’s a great thing you can when you become a US citizen, you can have the ability to vote in these elections, local and federal and state. The unlawful presence is arithmetically waived when you have entered. With the visa, OK, but only if the sponsors a US citizen, you know, because here I’m going to show you my screen. Let’s say you know F2A is for spouses sponsored by a permanent resident.

You Scroll down here, F2A is current, it’s current all the way, chart A and. B that’s great that’s. Great news. So for those who are residents and you have a beneficiary of spouse outside America, that’s completely fine. That’s great. You don’t have an issue about unlawful presence, nothing like that. However, if your spouse is in the United States, most likely can’t assume for everyone, but most likely your spouse. Has overstayed their visa. So if that’s the case then the unlawful presence is not waived automatically. So that’s just one example. The other thing is if you you’re if you become a US. Citizen as a sponsor, then any work that your spouse has done, your foreign national spouse or immigrant spouse, there’s a lot of phrasing labels that we use in the immigration world, but if they have been working without authorization, boom, that is waived also.

So that’s a huge, that’s two huge benefits for you as a sponsor if you become a US. Citizen OK, so here’s a third major tip. If you file the petition as a resident, but then, you know, you do end up becoming a citizen. And then you wonder, can I use that first petition that I filed as a resident? Unfortunately, you cannot. You know USCIS, they’re funds to pay. You know their staff and. Everything within the US is not funded by Congress. So think about that. They need to make money. Ok? So that’s one way to remember that you do need to file a new petition based on you being a US.

Citizen at the time of filing. Ok, at the time of filing is what we look at. Sharing this because you might think, OK, well petition five thirty five, let me save that, save that money. What are you going to lose all the time? Because eventually when you become maybe have the marriage interview with. Uss and you get to interview, and the officer is going to say, look y’all I’m sorry, can’t. I cannot approve this because you should have filed a petition when I should have. You had to have filed a petition when you were a US citizen. So therefore I cannot approve this.

And unlawful presence has not been waived automatically. And any work you’ve done without a work permit is not waived automatically. So that’s why it’s very important to consult with a lawyer, OK, to verify these things. That’s just. One of many reasons to hire a lawyer, of course, depending your budget. I get it. And that’s why we have this YouTube channel to share tips like this so you can prevent this type of problem of a delay. Ok. And because I’ve, yeah, a lot of people have called us and said very similar situation. So everything I usually share with you is real life scenario. It’s not just me reading the books, it’s, you know, people’s real life scenario.

It’s not just a hypothetical because I want you to know, I’m not just making this stuff up, it’s right here. In the policy manual for USCIS, but if you are a US citizen, as a sponsor for your spouse. Ok, it’s not doesn’t have to be just spouse, it could be any immediate relative classification. Let’s say you have a child unmarried and under 21 and you can that’s considered immediate relative. So here chapter eight of the USCIS policy manual and applicability of bars to adjustment. Adjustment meaning residency status.

But yeah, if you look down here, OK specific to immediate relatives, that says an adjustment applicant applying as immediate relative may be eligible to adjust as AKA get the Green Card residency even. If you have ever been employed or currently without authorization, without the work permit. That’s great, but you’ve got your sponsor, Gabby US citizen. So if you are the foreign national beneficiary applicant watching this, talk to your spouse, hey buddy, become a US. Citizen for me now.

Then again, this takeaway here is if the beneficiary immigrant is here in the United States, that’s where it matters the most. Now, of course, if you’re abroad, it would be much faster if the sponsor become a US citizen. But right now, currently, as I showed you earlier, the Visa Bulletin shows. current however, keep in mind that is just the second and third step. The first step is a petition, and USCIS generally takes almost like double the time if it’s a family preference F2A just in general family preference. They take a long time with processing these decisions for the petitions, so the visibility can throw you off a little bit if it shows current.

But you’re like, what the heck is taking a long time with the petition I should have just filed to become a citizen. So that’s why. I recommend for any pathway here, whether the immigrant, foreign nationals abroad or in the US, typically I recommend just become a US. Citizen, OK the website again the. Other thing again you can. If you don’t have lawful status at the time, that’s fine. You can still file the application to get approved and you do not have to maintain your status.

Ok, so those are the three main ones and you can have violated your terms and conditions of your non immigrant status. Now here’s the thing. Violate meaning if you didn’t go back to school, for example, in F1 if you have a J1 and you have a two year restriction stamp on your passport on your visa then and you want to apply for adjustment, you need to apply. There’s a couple different ways to waive that two year restriction. And just generally if you’re not familiar with this but you’re thinking about one, this is just something to think about in the future. Ok we like to share information that you know what can happen next steps OK down the line in your life because.

Boy, there’s just a lot of decisions to make when it gets closer to visa expiration time. And the first thing if you have J11 way to get waive that two years that filed no objection letter request basically requesting an objection from your country of nationality to see basically if they don’t care or not what I understand policy making reasons they have that is because you know US is trying to help the other countries make sure that people from those other countries go back to that country, right, because if you got education bring that.

Education back to your country to help improve the country, for example. That’s what I think. Ok, but I don’t know I wasn’t politician back then or now. The second way of that doesn’t work for some reason. Then you apply for a waiver based on hardship. Ok, from your spouse now just like the episode I think earlier this week or last week about I was talking about hardship waivers. Just because you don’t, your family member doesn’t qualify relative.

We call it legally. Just because that family member does not have like hardship right at this moment that doesn’t necessarily you cannot apply. You can’t. Ok. So hopefully that helps. I just shared a lot of information right there a lot of helpful tips. So hopefully if you’re, you know even if you’re watching now but need to go back to it. Ok here’s the benefits of hiring our team and second code Green Card guys on the bottom left of screen. You could have guessed it, but of course I always like to share it anyway like this and I shared earlier.

To access, go to our website greencardguys.com Click on contact us and Scroll down. Answer a couple questions. I’ll take you to the next page to self schedule an appointment. But of course, if you prefer to call in, you’re always welcome to do that. Our lines are open until 6PM central time. Thanks for tuning in. Until next time, friends. Stay tuned and stay safe.