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Can an LPR file for spouse and return to Home country while file is in progress by taking Re-Entry permit

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Filed: F-2A Visa Country: India
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I have a question...Can a Green Card holder file petition for spouse and then return to home country by taking re-entry permit for 2 yrs. Stay with spouse and when the PD become current, return back to US and do paperwork at NVC. My point is, can this be an issue for petitioner's spouse during his/her Interview...can they ask why the petitioner did not stay in US...??? As far as financial support is concerned, the petitioner have relatives who can sign I-864A form to support.

I am asking this question coz this thing has been done by many people and their spouses have got Visas...

Comments appreciated.

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It can be done, but the LPR must be very careful to maintain their domicile in the US, and accumulate proof to show CBP that they have maintained a residence / apartment / mortgage / tax returns / bank accounts / other ties to the US.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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