Complicated situation after granted green card

[brian23 0]

Me and my wife have been married for over 3 years.

I went to the final interview at the embassy, and they granted green card.

Now, I know that I have to enter the US within 6 months.

However my wife just got a job offer in my home country and she said she would like to stay and not returning to the US for a while.

I was so ready to move to the US so I gave up my job, apartment, etc.

I thought about giving up the green card and remain in my home country but since I already have a job offer in the US, I would like to leave.

We talked about it and decided to go long distance relationship and will be together in few years in the US.

The question is, am I still going to be able to stay in the US legally even though we are separated (but not divorced)?

[milimelo 4,572]

Me and my wife have been married for over 3 years.

I went to the final interview at the embassy, and they granted green card.

Now, I know that I have to enter the US within 6 months.

However my wife just got a job offer in my home country and she said she would like to stay and not returning to the US for a while.

I was so ready to move to the US so I gave up my job, apartment, etc.

I thought about giving up the green card and remain in my home country but since I already have a job offer in the US, I would like to leave.

We talked about it and decided to go long distance relationship and will be together in few years in the US.

The question is, am I still going to be able to stay in the US legally even though we are separated (but not divorced)?

Yes, you'll be fine on your own - you'll get a 10-year green card (so no removal of conditions required). If you want to go for the citizenship after three years (based on marriage to USC) they will ask about marriage proof so bear that in mind.

[canadian_wife 1,829]

I'm confused, who is the US citizen? Doesn't the US citizen have to arrive in the US at the same time or sooner than the beneficiary? Did you file through the consulate?

[brian23 0]

Sorry for the confusion.

I (husband)am Japanese citizen, and my wife is US citizen.

We have been living in Japan since we got married.

We applied for green card at the US embassy in Japan.

[TheBears 9]

Sounds like the wife is the USC and living in Japan long enough to go DCF. Now she has a job offer and wants to stay in Japan. Husby is non-USC and has given up his job to come to the US. Husby is now asking if he can come to US within the 6 months as required on IR-1 visa and then live alone in the US for a few years. Later, USC wife will return to live with him in the US.

Do I understand the situation correctly?

You're good to come on your own. Citizenship after 3 years (based on marriage) will require proof of your relationship. Since you have a 10 year green card, though, you could wait for 5 years (based on legal residence in the US) before applying for citizenship and not have to worry so much about that.

[brian23 0]

Dear TheBears,

That is exactly what we are planning to.

Thank you very much for the information.

[pushbrk 13,184]

Dear TheBears,

That is exactly what we are planning to.

Thank you very much for the information.

Bear in mind you do not have and did not apply for a green card. You applied for an IR1 visa. You do not become a US Permanent Resident or have a green card produced for you UNTIL you enter the USA using the visa. ONLY THEN, will you get a green card. It will come in the mail about a month after your arrival.

[Marina-Del 10]

Maybe the gov't doesn't actually check us on this, but doesn't it say on the application that the USC has to arrive in the US at the SAME TIME or BEFORE the non-USC?? If so, what they are planning on doing is not okay and could jeopardize the non-USC LPR status.....right?

[Brother Hesekiel 2,236]

Looks like a very unusual situation to me. If you got the 2-year card, you'd have to remove conditions, which would be impossible for you to do, as you don't live together with your wife. Thus, you would be losing your Green Card after living in the US for two years.

However, since you'll be getting a 10-year Green Card, you might actually be able to pull this off, although I feel that you are walking in a dense gray fog. The idea of granting you legal permanent residency is that you can live with your USC wife in the US. The way it looks now, she just got you a ticket to the US, which could, or could not, be seen as a way to immigration fraud.

Thinking about it, if I were married, and my wife would want to move to Japan, I think I either follow her, or consider the marriage a failure. I can't conceive living in a happy marriage, when my wife lives on another continent.

But it doesn't matter what I think; what matters is what immigration thinks. And they won't have to think anything, unless somebody put it to their attention. So, in conclusion, you might be able to pull this off without any problems, unless somebody intervenes.

[Penguin_ie 5,997]

Maybe the gov't doesn't actually check us on this, but doesn't it say on the application that the USC has to arrive in the US at the SAME TIME or BEFORE the non-USC?? If so, what they are planning on doing is not okay and could jeopardize the non-USC LPR status.....right?

Yes, it certainly said that on my paperwork when I did DCF...

[TOM&Riz 4]

Maybe the gov't doesn't actually check us on this, but doesn't it say on the application that the USC has to arrive in the US at the SAME TIME or BEFORE the non-USC?? If so, what they are planning on doing is not okay and could jeopardize the non-USC LPR status.....right?

"If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant’s admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the intending immigrant’s application for admission or adjustment of status must be denied, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal application for admission at a U.S. port of entry on an immigrant visa or adjustment of status."

a. To qualify as a sponsor, an individual must be a natural person (not a

corporation or other business entity) who:

(4) Is domiciled in any of the 50 States of the United States, the

District of Columbia, or any territory or possession of the United

States. (See 9 FAM 40.41 N6.)

b. If the relative petitioner does not meet the qualifying criteria to be a

sponsor (for example, by being under 18 years of age or not domiciled in

the United States), the visa applicant must be found ineligible for a visa

under INA 212(a)(4) until such circumstance no longer exists.

a. A petitioner living abroad not meeting the criteria in 9 FAM 40.41 N6.1-1

who wishes to qualify as a sponsor must satisfy you:

a. A petitioner living abroad not meeting the criteria in 9 FAM 40.41 N6.1-1

who wishes to qualify as a sponsor must satisfy you:

(1) That he or she has taken steps to establish a domicile in the United

States;

(2) That he or she has either already taken up physical residence in the

United States or will do so currently with the applicant;

(3) The sponsor does not have to precede the applicant to the United

States but, if he or she does not do so, he or she must at least

arrive in the United States concurrently with the applicant;

(4) The sponsor must establish an address (a house, an apartment, or

arrangements for accommodations with family or friend) and either

must have already taken up physical residence in the United States;

or

(5) Must at a minimum to satisfy you that he or she intends to take up

residence there no later than the time of the applicant’s

immigration to the United States.

b. Although there is no time frame for the resident to establish residence,

you must be satisfied that the sponsor has, in fact, taken up principal

residence in the United States. Evidence that the sponsor has established

a domicile in the United States and is either physically residing there or

intends to do so before or concurrently with the applicant may include the

following:

(1) Opening a bank account;

(2) Transferring funds to the United States;

(3) Making investments in the United States;

(4) Seeking employment in the United States;

(5) Registering children in U.S. schools;

(6) Applying for a Social Security number; and

(7) Voting in local, State, or Federal elections.

c. If a petitioner cannot satisfy the domicile requirement, the petitioner fails

to qualify as a “sponsor” for the purposes of submitting Form I-864, and

a joint sponsor cannot be accepted and the applicant must be refused

pursuant to INA 212(a)(4).

*U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

[brian23 0]

she decided to return to the US with me.

Thanks for all the information you guys provided.

[pushbrk 13,184]

"If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant’s admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the intending immigrant’s application for admission or adjustment of status must be denied, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal application for admission at a U.S. port of entry on an immigrant visa or adjustment of status."

a. To qualify as a sponsor, an individual must be a natural person (not a

corporation or other business entity) who:

(4) Is domiciled in any of the 50 States of the United States, the

District of Columbia, or any territory or possession of the United

States. (See 9 FAM 40.41 N6.)

b. If the relative petitioner does not meet the qualifying criteria to be a

sponsor (for example, by being under 18 years of age or not domiciled in

the United States), the visa applicant must be found ineligible for a visa

under INA 212(a)(4) until such circumstance no longer exists.

a. A petitioner living abroad not meeting the criteria in 9 FAM 40.41 N6.1-1

who wishes to qualify as a sponsor must satisfy you:

a. A petitioner living abroad not meeting the criteria in 9 FAM 40.41 N6.1-1

who wishes to qualify as a sponsor must satisfy you:

(1) That he or she has taken steps to establish a domicile in the United

States;

(2) That he or she has either already taken up physical residence in the

United States or will do so currently with the applicant;

(3) The sponsor does not have to precede the applicant to the United

States but, if he or she does not do so, he or she must at least

arrive in the United States concurrently with the applicant;

(4) The sponsor must establish an address (a house, an apartment, or

arrangements for accommodations with family or friend) and either

must have already taken up physical residence in the United States;

or

(5) Must at a minimum to satisfy you that he or she intends to take up

residence there no later than the time of the applicant’s

immigration to the United States.

b. Although there is no time frame for the resident to establish residence,

you must be satisfied that the sponsor has, in fact, taken up principal

residence in the United States. Evidence that the sponsor has established

a domicile in the United States and is either physically residing there or

intends to do so before or concurrently with the applicant may include the

following:

(1) Opening a bank account;

(2) Transferring funds to the United States;

(3) Making investments in the United States;

(4) Seeking employment in the United States;

(5) Registering children in U.S. schools;

(6) Applying for a Social Security number; and

(7) Voting in local, State, or Federal elections.

c. If a petitioner cannot satisfy the domicile requirement, the petitioner fails

to qualify as a “sponsor” for the purposes of submitting Form I-864, and

a joint sponsor cannot be accepted and the applicant must be refused

pursuant to INA 212(a)(4).

*U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

All moot for the OP now but this refers to establishing domicile, not actually residing in the USA. One can do one without continuing to do the other.

[TOM&Riz 4]

All moot for the OP now but this refers to establishing domicile, not actually residing in the USA. One can do one without continuing to do the other.

I agree its moot Pushbrk but this actually has to do with being a sponsor and those requirements his petitioner MUST live in the US and cannot enter after the beneficiery

. A petitioner living abroad not meeting the criteria in 9 FAM 40.41 N6.1-1

who wishes to qualify as a sponsor must satisfy you:

(1) That he or she has taken steps to establish a domicile in the United

States;

(2) That he or she has either already taken up physical residence in the

United States or will do so currently with the applicant;

(3) The sponsor does not have to precede the applicant to the United

States but, if he or she does not do so, he or she must at least

arrive in the United States concurrently with the applicant;

(4) The sponsor must establish an address (a house, an apartment, or

arrangements for accommodations with family or friend) and either

must have already taken up physical residence in the United States

Edited April 9, 2010 by Tommy&Riza

[pushbrk 13,184]

I agree its moot Pushbrk but this actually has to do with being a sponsor and those requirements his petitioner MUST live in the US and cannot enter after the beneficiery

. A petitioner living abroad not meeting the criteria in 9 FAM 40.41 N6.1-1

who wishes to qualify as a sponsor must satisfy you:

(1) That he or she has taken steps to establish a domicile in the United

States;

(2) That he or she has either already taken up physical residence in the

United States or will do so currently with the applicant;

(3) The sponsor does not have to precede the applicant to the United

States but, if he or she does not do so, he or she must at least

arrive in the United States concurrently with the applicant;

(4) The sponsor must establish an address (a house, an apartment, or

arrangements for accommodations with family or friend) and either

must have already taken up physical residence in the United States

No argument with any of the above. I simply said, " One can do one without continuing to do the other." Let me be more clear. You can establish domicile and take up residence in a day. Once those are taken care of, the petitioner/sponsor need not continue to constantly reside in the USA.

I have no idea how the logistics would have worked under the original scenario the OP described, but I find it hard to imagine the USC spouse would simply remain in Japan, sending their spouse to the USA to fend for themselves entirely. To have obtained a visa, at least some of the domicile related issues were already accomplished.