extension of interview for CR-1

[jiggyman524 0]

Hi everyone !

I am in a predicament right now . I had filed for I-130 for my wife and the interview date is on the 16 th of March 2010 !!! Great , but then i have moved back to my native country for 3 yr's .I am just confused on how to go about things right now .

1. Is it possible to move my interview date by at least a year cause i dont intend to fly to US for at least a year . I am just worried that after the Visa interview , is there anytime line that say's , with in X amount of time you have to enter US or the Visa expires .

2. Will it be possible to Just go with the interview , get the visa and then fly to US in a year or so ?

Has anyone gone through this scenario ? All help is highly appreciated . I am just confused how to go about this ordeal .

[ZansGirl 0]

where is your native country....and where is your spouses???

[jiggyman524 0]

My Native country is Nepal .Moved back in December 2009 and since then been living with my wife here . I dont plan to return to US for at least a .

[canadian_wife 1,829]

You can contact the consulate to see if they can reschedule the interview. That is your best bet because once the visa is issued, it is valid for only 6 months - not 1 year

Good luck.

[Antje/Terry 1]

We are having a similar problem. Here is what we are going to do. First, we will wait after the NOA2 to send out all the documents. After that we will try to get a late interview and then wait for almost 6 months to fly to the States. After that, we will go back to Germany for a while (not more than a year) until we finally move to the States for good.

Of course, we are not as far as you are with your visa...

[Married2009 32]

We are having a similar problem. Here is what we are going to do. First, we will wait after the NOA2 to send out all the documents. After that we will try to get a late interview and then wait for almost 6 months to fly to the States. After that, we will go back to Germany for a while (not more than a year) until we finally move to the States for good.

Of course, we are not as far as you are with your visa...

I think you can't live outside the states for more than 6 months, but not sure about that. A friend of mine moved back to Mexico (she had her 10 year green card), for a little over a year, and the POE officer gave her a hard time about why she was gone so long and told her she was supposed to be in the States for more than 6 months out of the year. But, I don't know what the time requirements are for certain.

[trailmix 77]

One other thing to keep in mind - if you (the petitioner) are living outside the U.S. right now and your spouse goes to the interview and is granted their PR - they cannot go and live in the U.S. without you. If you have filed DCF you need to prove that you are reestablishing your domicile in the U.S. 'no later than the intending immigrant'.

As for maintaining permanent residence:

Maintaining Permanent Residence link

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.

Edited February 15, 2010 by trailmix

[Darnell 8,479]

Since the interview has already been scheduled at the embassy in Nepal, you should contact the embassy and have them delay or reschedule for at least 6 months. You could ask for longer, and maybe get it it - these 'extensions' are specific by Consulate.

Good Luck !

Edited February 15, 2010 by Darnell