interview scheduled! but should we postpone?

[bellsbells 3]

Hi all! My husband and I are in a difficult predicament. When I began the immigration process for him in January, we were planning to move to the States in September. We received a checklist in April asking for court documents, and around that time we decided we had to postpone our move to the States until next fall (for unrelated reasons). Since the paperwork says that you have up to a year before the application expires, we planned on submitting the court documents next year so that the visa could (hopefully) be granted in the months preceding our move.

But then—surprise surprise—a few weeks ago we received notice that our interview was scheduled for July 18th! (The letter states that the court documents need to be presented at the time of the interview.) Now we don't know what to do. What happens if we keep the interview and the visa is granted? From what I've read, my husband has 6 months to enter the States. We were planning to go to the States at Christmas time, so that would not be a problem, but of course we would only stay a couple weeks before returning to France.

What I can't seem to find out from all the FAQs I've read here and on the USCIS website is, what happens if you are granted permanent residence but don't establish permanent residence for another year?

Does anyone know if the interview can be postponed for a whole year?

[Cathi 5,748]

I'm not sure but i do know that once the i 130 petition is approved it never expires as long as you stay in contact with the USCIS once a year. your best bet is to call or email the consulate involved

Edited June 28, 2012 by mimolicious

[maggiep 8]

Instead of postponing, go to the interview, get the visa, then before it expires (6 months) go to USA for a week to activate his green card (I guess you have family or friends in USA that can receive it). Then go back and plan your move in next year. You should be fine, if you enter USA not more than 6 months since the activation of his green card. And you could explain that you were in process of moving. But this whole thing should give you like a year more to move.

[bellsbells 3]

Thanks for your replies. It's near impossible to get answers from the consulate here, and they don't take phone calls. I'd love to hear from anyone else who has first hand experience with getting a green card without establishing immediate residence in the USA. We are particularly worried by this vague info from the USCIS FAQs:

How long must I remain in the U.S. after I have entered on the immigrant visa?

U.S. law does not specify how long one must remain in the U.S. after first entering. Immigration officials, at the time of your return to the U.S., will look very closely at the amount of time spent away from the U.S. If they determine that you have been spending more time out of the U.S. than in the U.S., they are empowered to revoke your lawful permanent resident status. You would then have to re-qualify for permanent resident status.

[bellsbells 3]

Bump... anyone? we are quite desperate to find out if it makes sense to keep the interview or not!

[BCN_CAL 0]

Hi Bellsbells,

I am exactly in the same situation. Our intention was that to respond to the checklist after 6 months. But I received an email about the interview time for 7th of November at Madrid. I do not know whether to go for the interview and green card or postpone the interview time?

The problem is that I can not establish residency there within next 1.5 years because I am doing my PhD here, and I need to finish it in advance. Can you please let me know what have you done? is it possible just enter USA and stay there for two weeks and start the green card process and then come back again ( I can use my uncle address to receive the green card)? Or I have to wait there to receive the card?....

Actually we want to move there after I finished my study here. But now I have all your previous questions in mind. I am wondering if you let me know how you solved this problem?

Thank you for your help in advance,

BCN_CAL

Thanks

[Ryan H 3,812]

***This thread is over 1 year old and the OP has not been active since January; closing zombie thread.***