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Posted

I'm getting towards the end of this visa process. If they approve my husband, how long must he remain in the US after his POE date?

He owns a business in his country and may have to travel back and forth quarterly.

FYI: we're filing a CR1 and have been married less than 2 years.

Married: 6/17/11

I-130 Sent: 7/9/11

NOA1 : 7/14/11

I-129F Sent: 7/21/11

NOA1: 7/21/11

NOA2: 8/22/11

NVC Received: 8/24/11

NVC Left: 8/26/11

Consulate Received: 9/5/11

Packet 4 Received: 10/4/11

Medical Done: 11/7/11

Interview: 11/23/11

Approved: 11/23/11

Changed to CR1: 12/16/11

Medical Re-Done: 1/5/12

Waiting for Issuance of Visa.........

Posted

He has to reside in the US. He can travel internationally with his GC, even very frequently, but if questioned about his extensive travel he must be able to show how he has maintained residence in America. General rule of thumb is that he should not be abroad for a year or more consecutively (and if he plans to, he must get a re-entry permit first to not lose his GC), and he should not be spending more time abroad than he is spending in the US. As a permanent resident, he must reside here.

Traveling back and forth shouldn't be an issue, if his quarterly trips are for a week or two at a time. If he starts spending over half of the year abroad, most likely he will eventually be questioned about that at POE.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Posted

He has to reside in the US. He can travel internationally with his GC, even very frequently, but if questioned about his extensive travel he must be able to show how he has maintained residence in America. General rule of thumb is that he should not be abroad for a year or more consecutively (and if he plans to, he must get a re-entry permit first to not lose his GC), and he should not be spending more time abroad than he is spending in the US. As a permanent resident, he must reside here.

Traveling back and forth shouldn't be an issue, if his quarterly trips are for a week or two at a time. If he starts spending over half of the year abroad, most likely he will eventually be questioned about that at POE.

Great! Thank you for the very fast and detailed response. It will be only short term trips, no more than 2 weeks at a time.

Married: 6/17/11

I-130 Sent: 7/9/11

NOA1 : 7/14/11

I-129F Sent: 7/21/11

NOA1: 7/21/11

NOA2: 8/22/11

NVC Received: 8/24/11

NVC Left: 8/26/11

Consulate Received: 9/5/11

Packet 4 Received: 10/4/11

Medical Done: 11/7/11

Interview: 11/23/11

Approved: 11/23/11

Changed to CR1: 12/16/11

Medical Re-Done: 1/5/12

Waiting for Issuance of Visa.........

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Topic moved from AOS forum to CR-1 forum as a more appropriate location for this discussion :) .

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Filed: Other Timeline
Posted

That will be fine. A lot of people have to travel frequently for business, which usually is not much fun.

An absence from the U.S. for a few short weeks will not raise any eyebrows., not even if it happens frequently.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Posted

That will be fine. A lot of people have to travel frequently for business, which usually is not much fun.

An absence from the U.S. for a few short weeks will not raise any eyebrows., not even if it happens frequently.

Great - thanks. We were worried. AS people have told him that he must stay here in the US for 1 year before he can travel back to the US.

Married: 6/17/11

I-130 Sent: 7/9/11

NOA1 : 7/14/11

I-129F Sent: 7/21/11

NOA1: 7/21/11

NOA2: 8/22/11

NVC Received: 8/24/11

NVC Left: 8/26/11

Consulate Received: 9/5/11

Packet 4 Received: 10/4/11

Medical Done: 11/7/11

Interview: 11/23/11

Approved: 11/23/11

Changed to CR1: 12/16/11

Medical Re-Done: 1/5/12

Waiting for Issuance of Visa.........

Posted

Great - thanks. We were worried. AS people have told him that he must stay here in the US for 1 year before he can travel back to the US.

He is free to travel outside of the country once he receives his permanent resident card. Be aware, however, that if he plans to be outside of the US for more than 12 months he will first need to apply for a re-entry permit before leaving.

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

 
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