Q. Re: Residental Requirements & IR-1

[DerZinker 4]

Hi Fellow IR-1 & CR-1ers... I am in the beginning phases of filing an I-130 for my wife who is a Mexican Citizen. I would file DCF since I've been living in Mexico for several years and we would qualify for an IR-1 visa b/c we've been married for 5 years. I'm pretty educated on the filing process and everything; I understand that one of the major advantages of having a CR-1 / IR-1 is that the visa holder is able to travel freely, nationally and internationally, upon entering the United States.

Now, I know that she would have to enter the United States w/in 6 months of being issued her IR-1, but that she would be free to travel (back to Mexico) after having entered. My question is, what are the general rules surrounding residency at that point (after having entered)? We would be living at my parents house for some 6 - 12 months when we move, and therefore we have a permanenet address where we will be residing and can use for any paperwork, mail and other correspondence. I'm just curious what the rules are as far as her physically living in the US after entering in case we aren't totally ready to move within the 6 month timeframe after having been issued the IR-1. For example, could she travel to the US a month or two after having been issued her visa and then come back and continue living in Mexico for a year (perhaps visiting the US here and there in the meantime)? While I don't expect this to be our situation, anything is possible and I'd like to be prepared.

Thanks in advance for any input!

Edited May 5, 2011 by dhudson

[CanadaLove 16]

From what I've read on the forums, the government takes a dim view of permanent resident card holders who aren't permanently residing in the US. I've heard of people getting.. either permission or an extension after POE for up to six months, but any longer than that (even with visits to the US) and they may ask her to surrender her GC since she's not really using it as it's intended.

** please note I have not done research on this, do not take my word for it.

[Done--Really 331]

Here is the link with the overview about physical presence:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

And some more detail about international travel

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

Edited May 6, 2011 by magical

[DerZinker 4]

Here is the link with the overview about physical presence:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

And some more detail about international travel

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

Thanks Magical, this info is very helpful and straightforward. Thanks also to you, Canadalove for your feedback. The rules do seem relatively flexible and pretty much what I had pictured. Sounds like we'd be alright if we were still in the process of moving so long as we follow the general guidelines and don't mess around abroad for too long.

Another question.. please excuse me if it's a little buttheaded - Would my wife, as a permanent resident, be eligible for a US Passport? Or is that something she could only get after becoming a citizen of the United States? Thanks again for the feedback.

[Done--Really 331]

Have to be a citizen first--here the restrictions on being in the US are tougher--generally speaking she can't be out of the country more than six months per year (it's actually more complex than that)--it is summarized in the second link I sent earlier. You can apply for citizenship three years after her green card is issued assuming she meets the physical presence test, and then it will take several months for that process. Assuming no glitches to the physical presence test, you can pretty much assume that you can complete the entire citizenship process in somewhat under four years.

This ain't easy reading, but it is the actual regulation

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9822.html

Edited May 6, 2011 by magical

[DerZinker 4]

Have to be a citizen first--here the restrictions on being in the US are tougher--generally speaking she can't be out of the country more than six months per year (it's actually more complex than that)--it is summarized in the second link I sent earlier. You can apply for citizenship three years after her green card is issued assuming she meets the physical presence test, and then it will take several months for that process. Assuming no glitches to the physical presence test, you can pretty much assume that you can complete the entire citizenship process in somewhat under four years.

This ain't easy reading, but it is the actual regulation

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9822.html

Cool, thanks again Magical. That info is definitely more comprehensive and is very helpful.

Really I wouldn't expect that we would still be residing abroad long after she receives her visa, but just wanted to explore the idea a little in case we weren't ready to move right away. It's obvious that it's something we shouldn't mess around with though, so before filing I'll be sure we have a solid game plan. Thanks again.

[Done--Really 331]

Where are you in Mexico--my wife is currently in Costa Rica, but was born and raised in Mexico City--big sprawling place, but I love it there. She has a house there and we are planning to be there as much as we can, but not so much as to mess up the physical presence test for US citizenship. She already has two passports--CR and Mexico, and adding in the US passport, she will be like James Bond--a passport for any season.

Best of luck--love it here just outside NYC--love it there in Mexico DF

[DerZinker 4]

Where are you in Mexico--my wife is currently in Costa Rica, but was born and raised in Mexico City--big sprawling place, but I love it there. She has a house there and we are planning to be there as much as we can, but not so much as to mess up the physical presence test for US citizenship. She already has two passports--CR and Mexico, and adding in the US passport, she will be like James Bond--a passport for any season.

Best of luck--love it here just outside NYC--love it there in Mexico DF

LoL, you know you're cool when you can compete with James Bond Add in a couple from Europe and she could give Jason Borne a run for his money. I would love to visit Costa Rica someday, sounds like a beautiful place that is very welcoming of Americans.

We're in Guadalajara. I came down here to study while in college in 2004 and fell in love (both with the girl and the city). I ended up with a pretty sweet job here in '05 and although I don't earn what I could in the states, I work from home 100% of the time and make prety good money for Mexico. Between being home all the time and having everything we need within a block or two, my kids and family are pretty happy. It's hard to find much to complain about, but the pollution does get to me here.. I imagine it would be just as bad or worse in DF. I love the 'wet season' here, in summer and early fall, because the weather is great and the air is much cleaner than other seasons here. So if I were you and I had the choice, I'd definitely spend my time in Mexico during those monnths. If given the opportunity, you should absolutely visit Guadalajara sometime, it's a very charming city.

I like DF, but it is pretty overwhelming and even intimidating to me. GDL is a pretty happy medium and I've never felt particularly unsafe here. I suppose if you live just outside NYC then you're used to a crowd I'm from Denver and we have a lot more space out there.

Thanks for the good luck wishes. I'll keep posting once I actually begin the process. I'm expecting to start within the next few months, but don't have a hard date.

I have one more question for anyone who can share - While the IR-1 seems to be the standrad, I've heard people tossing around terms like IR-2, IR-3, IR-4, etc... what do the increments in the number mean? I imagine it has to do with the time the couple has been married, but what does that mean and how does one qualify for those visas ?

[Done--Really 331]

Here's the link you need for the various IR visas:

http://travel.state.gov/visa/immigrants/types/types_1306.html

[DerZinker 4]

Here's the link you need for the various IR visas:

http://travel.state.gov/visa/immigrants/types/types_1306.html

Got it; thanks again Magical! IR-1 it is then!

[Done--Really 331]

Have you gone thru the Consular Report of Birth Abroad of a Citizen of the United States of America (Form FS-240). If you have, the your kids can get US passports if they don't have them already and then there is no additional immigration paperwork for them to come to the US with you.