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Once the CR-1 visa is granted, what are the rules for leaving the States?

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Filed: Timeline

Can someone please point me in the right direction where to look for the rules or answer to a couple of basic questions please?

If my wife is granted an immigration visa what are the rules about leaving and entering the States?

If she is granted an immigration visa but we dont plan on actually immigrating until Feb or April of next year, could she go to the States with me for Christmas, stay long enough to get her Green Card, and then return to her home country for several months and then return again with the green card in hand?

Once we move there permanantly, can she still leave for several months at a time? What are the travel restrictions?

Thank you very much for any help!!

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Filed: AOS (apr) Country: Zambia
Timeline

If you are filing for a CR-1 visa, and it is approved, she will get her green card soon after arriving in the US. But what will be her intended US residence? The fact that neither of you will be living in the US suggests waiting to file.

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If she is granted an immigration visa but we dont plan on actually immigrating until Feb or April of next year, could she go to the States with me for Christmas, stay long enough to get her Green Card, and then return to her home country for several months and then return again with the green card in hand?

Technically she can come back to the US just with her GC if it is less than a year.

Once we move there permanantly, can she still leave for several months at a time? What are the travel restrictions?

She will need a reentry permit when she leaves the US more than a year.

Immigration Process (DCF Japan)

08/06/2008 I-130 petition at Tokyo, Japan

08/13/2008 I-130 approved

|

| Waited until we were ready to move back

|

07/13/2009 IV interview at Tokyo, Japan

07/15/2009 IV(IR-1) in hand

Post-DCF

07/29/2009 POE at Las Vegas

08/17/2009 GC(10yrs) received

Click here for the detailed timeline.

Done with USCIS until

- naturalization in May 2012 or

- GC replacement in February 2019

CXmLm7.png

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Can someone please point me in the right direction where to look for the rules or answer to a couple of basic questions please?

If my wife is granted an immigration visa what are the rules about leaving and entering the States?

If she is granted an immigration visa but we dont plan on actually immigrating until Feb or April of next year, could she go to the States with me for Christmas, stay long enough to get her Green Card, and then return to her home country for several months and then return again with the green card in hand?

Once we move there permanantly, can she still leave for several months at a time? What are the travel restrictions?

Thank you very much for any help!!

That's what we did - we filed DCF and got visa in the January 2007, came for a two-week visit in the end of May '07 then went back to my home country for me to finish my work contract and for husband to finish his deployment - we were back in the US in Dec 07 and had no other extended absences from then. No questions asked at the boarder except where is my green card (traveled on the stamped visa) -- GC was never produced but that's a different story.

She can travel but make sure it's not lengthy as anything above 6 months absence from the US could affect the citizenship application.

Edited by milimelo

ROC 2009
Naturalization 2010

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Filed: Timeline

Thank you very much for your responses they really help alot! Especially yours Milimelo. It sounds like you did almost exactly what we would like to do. My wife really needs to stay in her country to finish up her University semester and I need to finish my job which means we wont be ready to immigrate until Feb. or Mar, but it would be really nice to spend Christmas with my family. We will see what happens at her interview on Wed.

Saludos!

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