Do we start or do we wait?

[timeforeverything 3]

I will be doing direct consular filing for my Guatemalan husband. We both have clean backgrounds, so I don't expect too many problems (although I know things can come up!)

My situation is that we have a business here, and so I am not sure when we want to go to the states. We are renting the building we are in, and it is up for sale. So it is possible for us too lose the building. And because of all this, I don't know when we will be ready to go to the states.

My question is, once the process is finished and you have your visa, do you have to use it within a certain time before you lose it? Should I explain in the interview and in an attachment to my I130 the situation?

Thanks so much!

[NigeriaorBust 4,087]

Once a visa is issued you have 6 months to enter the US, you can delay things a little by being slow at turning your stuff in at certain stages. They could extend it once but that is very very rare ( like expedites are )

[timeforeverything 3]

Once a visa is issued you have 6 months to enter the US, you can delay things a little by being slow at turning your stuff in at certain stages. They could extend it once but that is very very rare ( like expedites are )

And does this mean that he has to fully move to the states in that time period? Or he can just travel there, spend a month or so and come back to Guatemala? Would he lose the visa then? Thanks!

[canadian_wife 1,827]

He has 6 months to travel to the US, he may return to Guatemala if necessary. However too much time out of the US after entering with his visa may result in abandonment of resdiency. He is required to 'reside' in the US however he may trave back to Guatemala to finish up affairs of necessary

Good luck

[Christi85 86]

I'd say start the process when you are ready, knowing that you'll be moving to the States in 3-6 months from your application, depending on the Consulate's timescales.

Like others have said, nothing forbids the immigrant's return to their home country (Guatemala) once they've moved to the US. However, by accepting an immigrant visa, they are considered to be moving permanently and are expected to spend the vast majority of their time in the US. As mentioned above, too long of a stay outside the US can even result in their US Permanent Resident status to be lost.

Another thing you need to keep in mind is that, unless the USC moves back to the US ahead of their spouse to re-establish their US domicile, they are required to demosntrate at the interview that they are taking steps to move to the States (e.g. buying/renting/looking for a house, getting/looking for a job, finishing off business in the country of residence etc.).

Generally I'd say start the process when you're ready. However, if you absolutely want to go through DCF, it's better to do it sooner rather than later, as there have been discussions lately about eliminating this option in the foreseeable future (nobody knows when yet, but it's a possibility!) and having all petitions go through the US Service Centers.

[jaremedios 1]

I say wait. I'm in a very similar situation. I, the USC, is married to a Mexican citizen and we live in Mexico, where we also have a business. We actually turned in our I-130 Feb. 2010 because we THOUGHT we were ready. After being approved, I held off on sending in Packet 3 until about Oct. where both hubby and I decided we would rather not go to US (business is doing well and was hard to find jobs in US). I called Embassy. They told me I had 1 year to send in Packet 3 (Feb. 2011) before my approved petition expired. Needless to say, we are not continuing the process because of that time limit of moving to US within 6 months of being issued visa. We lost the money of the I-130, but it could have been more. We'll file again once we're TRULY ready.