Minimum stay in USA

[Thomaso275 0]

My wife has been approved for a visa from an embassy overseas, filed as a DCF. She will be receiving it soon. I was told by the Consul it would be an unlimited entry /exit visa in her p[assport. I read that she cannot be outside of the USA for more than 12 straight months while waiting for permanent stautus, which constitutes an abandonment of her petition; however, someone who was applying for the same DCF at the Embassy told me she must also prove at least 12 months living in the USA during the two year waiting period.

I could not find that caveat on the Immigration Services webpage. Any info would be appreciated.

PS: The consul said she will receive a sealed package which she must take unopened on her first trip to USA. Just curious, any info on what it contains?

Thanks.

[YuAndDan 153]

If you enter the country on an immigrant CR-1 or IR-1 from DCF you get permanent status immediately (I-551 Green-card) either Conditional or Un-Conditional depending on length of marriage before entering on the visa, NO Waiting.

You may want to read "Now that you are a permanent resident"

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

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.

Sealed envelople contains things like medical info, and case file for USCIS, it will be sent to USCIS by officer at POE.

I am confused You are talking DCF yet your profile says K-3, and you post this to DCF, sounds like you are talking Removing Conditions.

Please update profile to show what you are currently filing for, and US YOU http://www.visajourney.com/timeline/profile.php?id=39388

Edited December 23, 2007 by YuAndDan

[athena_ny 1]

My wife has been approved for a visa from an embassy overseas, filed as a DCF. She will be receiving it soon. I was told by the Consul it would be an unlimited entry /exit visa in her p[assport. I read that she cannot be outside of the USA for more than 12 straight months while waiting for permanent stautus, which constitutes an abandonment of her petition; however, someone who was applying for the same DCF at the Embassy told me she must also prove at least 12 months living in the USA during the two year waiting period.

I could not find that caveat on the Immigration Services webpage. Any info would be appreciated.

PS: The consul said she will receive a sealed package which she must take unopened on her first trip to USA. Just curious, any info on what it contains?

Thanks.

At any point after becoming a permanent resident, if you're going to be out of the country for over a year, she needs a re-entry permit, but if the government feels at any point she has not maintained her status, it can be considered abandoned. So if you leave for 9 months, come back for 3, etc etc continuously, her status can still be considered abandoned since she may not necessarily be maintaining residence here.