going for the spouse visa but don't want to go yet

[jaremedios 1]

I am USC and my husband is Mexican. We live in Mexico and are doing DCF. We already sent in our I-130 petition for the spouse visa and got our NOA2. We are in the step of filling out the DS-230 and I-864 forms. Here in Mexico, I have the luxury to stay home with our 1 year old because the standard of living is much lower than in the States. My husband and I have been talking about having another child within the next year and I would like to stay home and raise that child as well. We know it won't be possible to do in the States as right now, we both don't have a job lined up there, and we will both have to find work immediately plus leave our child in daycare.

My questions are:

What happens to our I-130 if we don't continue with the process now? Will it expire?

Can we postpone sending in the DS-230 and I-864 to buy us some time?

Can we go through the whole process, get the spouse visa, enter the US within the 6 month period they give us, get the greencard going, but return to Mexico? If so, how long can we stay in Mexico without re-entering US before something happens?

Thanks. Any insight will be helpful. I know this is crazy that we're going for the spouse visa but don't actually want to go but life has its own little twists, no?

[claireg 0]

Yes you can enter the US and then return to Mexico. But when you have a green card, you are supposed to spend most of the year in the US, not in Mexico. I had to relinquish my green card after one year passed in Mexico, which is the norm. So I don't think you can spend more than one year in Mexico anyway. The problem after that is that you have to redo the whole process (green card application...etc...) again, and I am sure that none of you want it.....

Perhaps it would be wiser to try to postpone the whole process...but with the recent events in the US you can be sure that the immigration process is not going to become easier in the years to come.

I am USC and my husband is Mexican. We live in Mexico and are doing DCF. We already sent in our I-130 petition for the spouse visa and got our NOA2. We are in the step of filling out the DS-230 and I-864 forms. Here in Mexico, I have the luxury to stay home with our 1 year old because the standard of living is much lower than in the States. My husband and I have been talking about having another child within the next year and I would like to stay home and raise that child as well. We know it won't be possible to do in the States as right now, we both don't have a job lined up there, and we will both have to find work immediately plus leave our child in daycare.

My questions are:

What happens to our I-130 if we don't continue with the process now? Will it expire?

Can we postpone sending in the DS-230 and I-864 to buy us some time?

Can we go through the whole process, get the spouse visa, enter the US within the 6 month period they give us, get the greencard going, but return to Mexico? If so, how long can we stay in Mexico without re-entering US before something happens?

Thanks. Any insight will be helpful. I know this is crazy that we're going for the spouse visa but don't actually want to go but life has its own little twists, no?

[Penguin_ie 5,996]

My questions are:

What happens to our I-130 if we don't continue with the process now? Will it expire?

Can we postpone sending in the DS-230 and I-864 to buy us some time?

Can we go through the whole process, get the spouse visa, enter the US within the 6 month period they give us, get the greencard going, but return to Mexico? If so, how long can we stay in Mexico without re-entering US before something happens?

Thanks. Any insight will be helpful. I know this is crazy that we're going for the spouse visa but don't actually want to go but life has its own little twists, no?

- I believe when doing DCF, the I-130 is valid a year, but I am not 100% sure- ask the embassy for an exact answer.

- you can postpone for a few months, but not forever. Considering you are not even pregnant yet and, from what you say, would want to stay in Mexico until the new baby is at least a year old, I don't think delaying is a feasible option.

- Yes you can; your husband will get a stamp in his passport when you enter which acts as temporary greencard allowing travel. As long as you have someone at your US mailing address who can forward the actual greencard when it arrives, you could technically leave again the day after entry. Usually, there is no problem when leaving for less than 6 months, and you can get a re-entry permit which allows staying out of the country for 2 years. However, these are usually for special circumstances, I am not sure you two would qualify, as you know your situation already, and they may not look favourably upon someone not residing in the USA at all, rather than needing to go abroad for work after having stayed in the US for several months/ years. I think you are better off abandoning the process for now, and then start again once you are sure you want to move to the USA.