Can my husband get LPR status and NOT live in the US?

[butimbusy 0]

Hi all,

I know this seems like a dumb question, but...

I'm an American citizen, been married 5 years with 2 kids living abroad.

My husband's 5 year multiple entry US tourist visa expires next year and we want to go back and visit my family next summer (2010). He thinks he should have US residency - I think it will be a major hassle, especially as I don't work and his job is here.

Should we go for the IR-1/CR-1 (we can file through the consulate here) and fudge the domicile part? I still have all my bank accts, voting records, driving license, etc. at my mom's house in the US.

But what about the residency requirement?

We may want to move there one day in the future, but who knows.

We travel every year to the US for a month, will that work?

If not what is our best option to reduce visa hassle, etc. in the future.

Any suggestions are appreciated.

Best regards,

Barbara

[Kathryn41 3,205]

Moved from Immigration News forum to General Immigration Forum

Moderator hat off:

Actually, if you are not living in the US your husband cannot obtain permanent resident status in the US. He needs to be living in the US and satisfy minimum residency requirements in order to keep permanent resident status.

You definitely do NOT want to apply for a CR-1/IR-1 visa and then 'fudge' the residency requirements - that is a sure way to gaining a lifetime ban from him ever re-entering the US for misrepresentation.

Since you intend to return to the US in the future, when that time comes look into doing a DCF (Direct Consular Filing) for an IR-1 visa that will give him his green card when you do return to the US to live.

In the meantime, he should be able to obtain a visitor's visa to visit the US if he is able to satisfy immigration (and the border authorities) that he is not an immigration risk at this time - eg. providing proof of ties to where you currently live such as proof of employment, property ownership or lease, etc.

[canadian_wife 1,822]

Kathryn41, of course, is correct. It is also very difficult to 'fudge' the domicile requirements since the documents you mentioned don't actually show a domicile in the US. What the consulate will look for is the USC has a job in the US, a home to move in to, etc. A driver's licence, voting records, bank account etc does not require the USC to actually LIVE in the US to maintain so therefore it will not be sufficient.

Good luck.