After visas are issued.

[rucus 1]

Here is our situation. I am a US citizen. I have been living in thailand for over 8 years. Married since 2009. I meet all the financial requirements to bring my wife and two stepdaughters 11 and 12 years of age to the US. I plan on doing a DCF in Bangkok. all documentation is in order. My wife and I have filed federal income tax jointly for 3 years. She has an ITIN. I don't for see any problems any problems with the I-130 or the embassy generated visa requirements. Our issue is we would really like to sell our house and land prior to immigration. My understanding is that once the I551 is issued you have 6 months to use it or lose it. I spoke home land security, They told me via telephone, that they would not require payment(I-130's) again if the visas go unused due to us having not yet sold our property. They could not speak for the embassy however. Their feeling was we would probably have to pay the embassy visa fees again. Does anyone have this kind of experience? Of not using their visa before the 6 month timeline? Is the embassy helpful?

I am also a firm believer in Murphy's law : what can go wrong will go wrong. That is why I am not comfortable selling our house and land prior to the visa being issued.

Thanks in advance for any helpful input.

[Penguin_ie 5,996]

Your wife would need a very good reason not to use her visa before the deadline, otherwise it would not be re-issued. I am not sure if the sale of a house counts, because you could leave that in the hands of a lawyer, or return for a visit when it comes time to sign documents.

That being said, IF the embassy allows re-issue, she will need to opay the interview fee again and maybe do the medical again, depending on how long it has been. If they say they allow it, make sure to get it done bfore the first one expires, just in case they change their mind.

[rucus 1]

Thanks for the reply. Although on paper I make double the required amount for a family of four. The reality is we have very little savings to start a life in the US and need the money from the house and land sale. I have been outside the US for so many years I have no material possessions to go back to, like an automobile. Also leaving our house here would invite vandalism. If we go forward with the visas, what is the minimum time my wife and daughters could spend inside the US every year, without losing their immigrant status?

[Grace2013 2]

Thanks for the reply. Although on paper I make double the required amount for a family of four. The reality is we have very little savings to start a life in the US and need the money from the house and land sale. I have been outside the US for so many years I have no material possessions to go back to, like an automobile. Also leaving our house here would invite vandalism. If we go forward with the visas, what is the minimum time my wife and daughters could spend inside the US every year, without losing their immigrant status?

Could they just enter USA, get the green card and then go back to sell the house?

[NikLR 13,232]

They need to spend more time in the USA than out.

[rucus 1]

Do any members have definite information, or know where I can find it online. regarding time requirements necessary to maintain a green card. About 15 years ago under some what different circumstances, I was told by an INS officer at their San Francisco office that my then wife could leave America for 11 months and 29 days and then return. without a problem . longer than that she would need special permission for two year absence maximum. She since then became a Naturalized Citizen and left America. We are were divorced long ago. I understand the visa is for those that truly wish to immigrate, and we do . There are some logistical problems.

Could they just enter USA, get the green card and then go back to sell the house?

That would be ideal. I don't know if it is possible however.

[Penguin_ie 5,996]

Could they just enter USA, get the green card and then go back to sell the house?

Yes-ish- they could come to activate the greencard and leave again, but not long term. Ie if they needed to go back for a few weeks to finalise the sale, no problem. If they wanted to go back to Thailand for many months, especially a very short while after arriving in the USA: problem.

Do any members have definite information, or know where I can find it online. regarding time requirements necessary to maintain a green card. About 15 years ago under some what different circumstances, I was told by an INS officer at their San Francisco office that my then wife could leave America for 11 months and 29 days and then return. without a problem . longer than that she would need special permission for two year absence maximum. She since then became a Naturalized Citizen and left America. We are were divorced long ago. I understand the visa is for those that truly wish to immigrate, and we do . There are some logistical problems.

The officer was and is sort-of right: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD There is no specific cut off other than leaving for more than one year means residency is abandoned. Between 6 months and 1 year outside the USA, it is up to the greencard holder to show they maintained US residency. But even with an absence of less than 6 months, if the CBP officer at the border thinks you abandoned residency, they can deny you entry. So essentially, much depends on the guy in the little booth when she returns from trips abroad. The general rule is to spend more time inside the USA than outside in any rolling year.

[Grace2013 2]

Yes-ish- they could come to activate the greencard and leave again, but not long term. Ie if they needed to go back for a few weeks to finalise the sale, no problem. If they wanted to go back to Thailand for many months, especially a very short while after arriving in the USA: problem.

I hear people saying once you can keep six months staying in USA in a year, then there's no problem. His wife still can sell it while in USA, just get an agent, right?...