Can I sponsor my non-citizen spouse for a green card if I am a part-time US resident?

[froberts]

I am a US citizen living with my French citizen wife in Paris (we are both resident in France) and we would like to move to the US for around half the year each year. Would it be possible for me to sponsor my wife for a green card if I become a part-time US resident (for example, we live in the US together for say 6 months of the year) instead of a full-time US resident?

I am asking this because it would be quite beneficial for me to keep my French residence for the part of the year that we're not in the US.

Also, my wife has been using a B-2 tourist visa the last few years, spending a few months at a time in the US and we worry that USCIS won't continue to allow her to use this B-2 visa in the future because of how much cumulative time she's already spent in the US.

Anyone have any thoughts on this part-time US resident as a green card sponsor question?

Thank you.

Fred

[S_R_E]

You might want to look at this page regarding maintaining permanent residence.

Think about the name of the benefit you want for your spouse. Permanent Residence - you also clearly state that this is not what you want, as you don't want to live here permanently.

https://www.uscis.govhttps://www.imm...nent-residence

Abandoning Permanent Resident Status
You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

Move to another country, intending to live there permanently.
Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
The reason for your trip;
How long you intended to be absent from the United States;
Any other circumstances of your absence; and
Any events that may have prolonged your absence.
Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
Fail to file income tax returns while living outside of the United States for any period.
Declare yourself a ?nonimmigrant? on your U.S. tax returns.

[froberts]

Thank you for your response. But in fact, we do want permanent residence for my spouse. We would just like the ability for her to travel for part of the year, which shouldn't be a problem once she has a green card. She will be paying US taxes and her time out of the US will clearly be temporary in nature so retaining residency for her shouldn't be a problem. The question really pertains to me, the US citizen. Could I re-establish my US residency with my spouse at the time of her entering the US with her green card and then sometime after that, could I become a part-time US resident and not cause any issues for my spouse?

You might want to look at this page regarding maintaining permanent residence.

Think about the name of the benefit you want for your spouse. Permanent Residence - you also clearly state that this is not what you want, as you don't want to live here permanently.

https://www.uscis.govhttps://www.imm...nent-residence

Abandoning Permanent Resident Status
You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

Move to another country, intending to live there permanently.
Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
The reason for your trip;
How long you intended to be absent from the United States;
Any other circumstances of your absence; and
Any events that may have prolonged your absence.
Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
Fail to file income tax returns while living outside of the United States for any period.
Declare yourself a ?nonimmigrant? on your U.S. tax returns.

[ember]

Thank you for your response. But in fact, we do want permanent residence for my spouse. We would just like the ability for her to travel for part of the year, which shouldn't be a problem once she has a green card. She will be paying US taxes and her time out of the US will clearly be temporary in nature so retaining residency for her shouldn't be a problem. The question really pertains to me, the US citizen. Could I re-establish my US residency with my spouse at the time of her entering the US with her green card and then sometime after that, could I become a part-time US resident and not cause any issues for my spouse?

I would suggest that you and your wife to be careful with her absences to ensure that she does not abandon her green card without realizing it. I think you are perhaps underestimating the risk... and you also have the physical presence requirement to consider.

https://www.uscis.govhttps://www.imm...nent-residence
https://www.uscis.govhttps://www.imm...anent-resident

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

https://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter4.html

"Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver?s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence."

Regarding your own residency - the rules now require that you show that you and your spouse have been living together and actually residing together for the 3 years prior to filing for citizenship. So if she is a permanent resident and you are not, how will you show that without risking her status? You may always be together, but if you say "I am not permanently residing in the US but my spouse is but also we have exactly the same residence all the time", I imagine a USCIS officer might push back on that.

It's quite possible that you'd be totally fine, but it's just a thought, something to consider.

I'm sure others on here can offer more insight and information than myself. To be honest, I don't know too much about the residency requirements of the USC, other than you must reside with your spouse and your spouse must meet certain requirements, which means that you also have to meet those requirements.

I think that you should speak to a lawyer or someone else with experience in this area. My fear would be spending 6 months in France every year and then running up against the physical presence issue and then something happens, some emergency or you are delayed for some reason or whatever and then she's screwed on presence. But also I would worry that an officer simply does not believe her intent to stay, with so many extended trips every year. After 6 months, the burden is on her to show intent to remain in US permanently, but even yearly trips of 5 months or whatever doesn't mean she is free from scrutiny and possible abandonment.

[S_R_E]

Thank you for your response. But in fact, we do want permanent residence for my spouse. We would just like the ability for her to travel for part of the year, which shouldn't be a problem once she has a green card. She will be paying US taxes and her time out of the US will clearly be temporary in nature so retaining residency for her shouldn't be a problem. The question really pertains to me, the US citizen. Could I re-establish my US residency with my spouse at the time of her entering the US with her green card and then sometime after that, could I become a part-time US resident and not cause any issues for my spouse?

You originally stated

I am a US citizen living with my French citizen wife in Paris (we are both resident in France) and we would like to move to the US for around half the year each year.

I'm just stating what would to me appear to be the obvious from the statement, but that is not permanent residence, that is partial residence.

Just my opinion.