Moving soon, should I apply for CR-1 Now??

[mhuffines 0]

Lets keep it short.

Nov 06 - Moved to Singapore

April 07 - Met my future wife

June 07 - Moved back to USA

Sept 08 - Decide to get married

Jan 09 - Get married in Singapore

In Aug 08 my work told me they wanted me to move to the UK by the end of the year - we chose to get married in Singapore because the K1 Visa would have been approved earliest in May 2009 and until we were married the UK would not let my wife enter on my work visa.

The job opportunity in UK has been delayed and I am now worried that it will not happen. My question is - if I apply for the CR-1 and then the move to the UK goes ahead what happens to my application? Would / could I refile with the US embassy in the UK.

My wife and I have the goal to live in the UK for the next 2-3 years, then who knows. I want to have a green card to have the flexibility to move back to the USA any time and not wait 8 months. Should I even be applying for a green card when I plan to be on the move in the near future?

Any help is appreciated.

[Jasman0717 9]

The whole idea of filing a petition is to get the beneficiary to America. If you then move to the UK what's the point? A green card holder must spend most of their time in the US or can loose their status.

[mhuffines 0]

The whole idea of filing a petition is to get the beneficiary to America. If you then move to the UK what's the point? A green card holder must spend most of their time in the US or can loose their status.

The point is that if we live in the UK for 2 years and then want to move back to the US my wife will not be able to join me for up to a year. I need flexibility.

[canadian_wife 1,818]

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Edited January 29, 2009 by canadian_wife

[kaffy 2]

Don't apply for it now, if you did it would be a waste of your money & the government's time.

If you plan on remaining there 2-3 years I would suggest filing DCF (direct consular filing, which you should be eligible for once you have been a UK resident for more than 6 months) with the embassy there about 8-10 months before you plan on moving back to the US. DCF is quicker than going the usual USCIS route and giving yourself a year should be more than enough time for you to finish the process without any rush.

Edited January 29, 2009 by kaffy

[pushbrk 12,824]

The whole idea of filing a petition is to get the beneficiary to America. If you then move to the UK what's the point? A green card holder must spend most of their time in the US or can loose their status.

The point is that if we live in the UK for 2 years and then want to move back to the US my wife will not be able to join me for up to a year. I need flexibility.

Then file Directly with the Embassy in London about 6 months before you intend to begin residing in the USA again. See the DCF guide.