London DCF - Help!

[T and M 1]

I am very confused and getting a bit depressed.

Me (US Citzen). Wife (Bolivian citizen). Residing together in the UK.

I am a PhD student in the UK, which means I have Limited Leave to Remain (LLR) until 2011. This, apparently, qualifies me for DCF, since the embassy received my I-130 and charged my credit card $355 on 26 February. My wife is Bolivia, and has been with me in the UK since January 2008.

We are in the process of getting her police certificates from Bolivia and the UK. My tax returns from the US will have to do, since I do not file taxes in the UK (again, I am a student). My parents will be filling out the I-864 to prove sponsorship.

Given the filing date of around 26 February, we are hoping to hear from the embassy around mid May.

At that point, can we send off the remaining materials immediately if we already have them prepared? If so, roughly when should we expect to have our interview?

My second question has to do with the abandonment. If she receives the visa and we go to the US around early July, how can we be allowed to leave without her losing the Green Card? I have a research appointment in Bolivia (her home country) beginning in late July 2008 and lasting for one year, after which point I might have a teaching appointment for one year in the UK. HELP!!! I'm afraid we are going through all this for nothing....

[Artem 0]

My second question has to do with the abandonment. If she receives the visa and we go to the US around early July, how can we be allowed to leave without her losing the Green Card? I have a research appointment in Bolivia (her home country) beginning in late July 2008 and lasting for one year, after which point I might have a teaching appointment for one year in the UK. HELP!!! I'm afraid we are going through all this for nothing....

Trust me, this is going to be a nightmare. I had a very tough time with abandonment myself. Basically, currently the internal rules state that you have to show up in US every 6 months (used to be about 11.5 months - basically you could just show up in the US every year), and even then they will ask the GC holder - "where do you really leave?" possibly (depends on how much the GC holder is out of country).

There's only one possible way around that as far as i know - getting a reentry permit. This lets you off for two years i think.

Personally, i wouldn't even try to apply for GC for my relative in that case - there's really no reason to do that yet, don't you think? Remember, GC is a resident card, and as such requires residency.

[T and M 1]

There's only one possible way around that as far as i know - getting a reentry permit. This lets you off for two years i think.

Personally, i wouldn't even try to apply for GC for my relative in that case - there's really no reason to do that yet, don't you think? Remember, GC is a resident card, and as such requires residency.

Thanks for this! Interestingly enough, this six month rule might be fine for us. We really do want "residency" or "domicile" in the US, b/c as students, we really don't qualify for permanent residence anywhere else! So we will go this route, and just make sure to be in the US at least once every six months.

By the way, though...if we overstay our vacation outside the US, is this re-entry permit something we apply for from an embassy? Or would we have to get it before leaving on an extended trip?

Once again, thanks. It sounds like a nightmare, but the only way my wife can travel freely in and out of the state for the next few years while I am finishing up my studies.

[Artem 0]

By the way, though...if we overstay our vacation outside the US, is this re-entry permit something we apply for from an embassy? Or would we have to get it before leaving on an extended trip?

Yes, you have to apply and get it before leaving the states. It does work - my brother had it, and was studying abroad, came back a bit later than one year (old rules), and had to go through this process of proving he's worth entering... the re-entry permit helped. Another name for it is "white" passport, it's white, but no passport - it only works for entering the states, and i am not sure it's multi-entry, i don't think so.

As far as really freely traveling abroad and coming back any time you want... only citizenship allows that.