Residency status

[mrs.jayb 0]

hello Vjers!

I have permanent residency status in the Ivory Coast. However, I am 6 months pregnant and had to move back to the US to have our baby because of the political situation in the Ivory Coast. Will I loose my residency in the Ivory Coast if I stay in the US for 4 months? What I would like to do is find a job here and an apartment for us. BUt now I am just staying with family.

Any suggestions?

Thanks!

[YuAndDan 153]

If you have been resident 6 months or longer already, then file the petition before returning to the USA.

I have seen DHS ate consulates refuse to accept a petition if have not been resident in the district prior to filing.

Or you can always file the petition in the USA to the PO BOX in Chicago, at the start of your 4 month stay in the USA.

[Penguin_ie 5,996]

Depends on the consulate. Plenty of people take 4 months holidays, or want to have a baby in the USA, but if you take a job then I'd say they see this as residing back in the USA.

[mrs.jayb 0]

Unfortunately, I have already left for the US. If I file the petition in Chicago that would not be considered DCF isn't that correct? HOw long does it take normally to get approved from the Chicago Office. I don't have a job at the moment because I lost my job in the crisis in the IVory Coast when I left the country in December. How could we get approved if I currently do not have a job and because I am pregnant I am not sure when I will be able to get another one.

Thanks!

If you have been resident 6 months or longer already, then file the petition before returning to the USA.

I have seen DHS ate consulates refuse to accept a petition if have not been resident in the district prior to filing.

Or you can always file the petition in the USA to the PO BOX in Chicago, at the start of your 4 month stay in the USA.

[Penguin_ie 5,996]

Filing from the USA, the process will take 7-10 month of there are no problems along the way.

If you have no job, your options are to sponsor on assets if you have savings, property etc, or find a US based co-sponsor who will stand guarantoor for your husband.

[mrs.jayb 0]

So basically someone cannot hold dual residency. Even though my residency card (green card) for the ivory coast doesn't expire until July, 2011. I will also be getting my passport from the Ivory Coast in February 2011. But the thing is, I cannot stay here in the US and not work. and I cannot return to the Ivory Coast because its not safe for Americans. So what do we do now?

I was hoping to go back after the baby was born (may) and start the DCF process. Is there a way that I can use this as "steps in reestablishing residency" in the United States? Does anyone have any ideas on this?

I would hope they would understand the situation because the Embassy themselves were the ones who told Americans to leave. Before I left, they even closed the embassy to all visa services. And now the Ivory Coast isn't letting Canadians and British into the country. I have heard that Americans will not be let in either soon.

It's just unfortunate that we were planning DCF and now we have to wait even longer for the process here. This is getting discouraging.

Thanks

[mrs.jayb 0]

on the state gov website under DCF... it says, "filed abroad by American citizen petitioners who have been authorized to be continuously resident in their consular districts for at least the preceding six months, including members of the U.S. armed forces, emergency cases involving life and death or health and safety, and others determined to be in the national interest".

Would me leaving the Ivory Coast because of the safety of our baby constitute as "life and death, or health and safety"?

[Damaris 0]

on the state gov website under DCF... it says, "filed abroad by American citizen petitioners who have been authorized to be continuously resident in their consular districts for at least the preceding six months, including members of the U.S. armed forces, emergency cases involving life and death or health and safety, and others determined to be in the national interest".

Would me leaving the Ivory Coast because of the safety of our baby constitute as "life and death, or health and safety"?

For DCF, if really depends from country to country. In order to know anything for sure, you must contact the Ivory Coast consulate directly (phone or e-mail). Explain your case to them, and they will let you know if and when you can or cannot apply there. I would suggest talking with them through e-mail so that you can have a written form of what they say that you can use as proof, need be. If they don't answer by e-mail in the time they said they would, give them a call.

DCF is always the fastest option, so I would definitely talk to them directly.

[YuAndDan 153]

Unfortunately, I have already left for the US. If I file the petition in Chicago that would not be considered DCF isn't that correct? HOw long does it take normally to get approved from the Chicago Office. I don't have a job at the moment because I lost my job in the crisis in the IVory Coast when I left the country in December. How could we get approved if I currently do not have a job and because I am pregnant I am not sure when I will be able to get another one.

Thanks!

Your other thread about sponsor indicates also working in the USA, this clearly indicates to USCIS that you no longer reside in the consular district of the US consulate, they will require you to file the petition in the USA.

http://www.visajourney.com/forums/topic/291229-sponsors/page__gopid__4413616#entry4413616

May as well file it now rather than later after you return overseas and adding another 6 months foreign residency.

Filing now to Chicago will take less time than waiting and doing at consulate in the future.

[mrs.jayb 0]

HI!

Thank you for your replies! I will email the consulate and ask them so that I have a written form of their answer. I did get offered a part time job here, where I have worked before. However, I am just seeing if its the best option for us. 7-10 months seems like such a long time, especially now with the baby on the way. My husband is very concerned about it. I have lived in West Africa with my husband for the last 2-3 years. It's very difficult to be pregnant, especially with our first, and us not be together.

I guess starting it now wouldn't change anything, it would still come out to be around 7 months (4 months until I return, and 3 months for the visa).

Thanks!

Your other thread about sponsor indicates also working in the USA, this clearly indicates to USCIS that you no longer reside in the consular district of the US consulate, they will require you to file the petition in the USA.

http://www.visajourney.com/forums/topic/291229-sponsors/page__gopid__4413616#entry4413616

May as well file it now rather than later after you return overseas and adding another 6 months foreign residency.

Filing now to Chicago will take less time than waiting and doing at consulate in the future.

[YuAndDan 153]

HI!

Thank you for your replies! I will email the consulate and ask them so that I have a written form of their answer. I did get offered a part time job here, where I have worked before. However, I am just seeing if its the best option for us. 7-10 months seems like such a long time, especially now with the baby on the way. My husband is very concerned about it. I have lived in West Africa with my husband for the last 2-3 years. It's very difficult to be pregnant, especially with our first, and us not be together.

I guess starting it now wouldn't change anything, it would still come out to be around 7 months (4 months until I return, and 3 months for the visa).

Thanks!

Unless it is 4 months return, then have to wait 6 months to be able to file petition and then another 3 months to get visa. (13+ months) Filing petition state side more than likely would net visa in 9 months.

So find out if 4 months absence from counselor district will make you have to wait 6 months in country to be able to file petition DCF..

[mrs.jayb 0]

Thanks for your reply!

I emailed the US embassy in Abidjan. I will wait for their response. If I do not hear anything back by the end of this week I'll call them. Wow. 9 months... it just seems like such a long time without my husband, especially with little guy coming.

Unless it is 4 months return, then have to wait 6 months to be able to file petition and then another 3 months to get visa. (13+ months) Filing petition state side more than likely would net visa in 9 months.

So find out if 4 months absence from counselor district will make you have to wait 6 months in country to be able to file petition DCF..