What if I move to a different country during/after the IR-1/CR-1 process?

[DirtyHarry 5]

Hello All,

I have filed the IR1 last year on Aug 1st. We got the approval from USCIS on May 20th. I am awaiting the start of the NVC process. Due to personal, professional and financial considerations, I may consider taking a job in a different country. What happens in case of the following scenario below

a. My wife gets called for the interview and she gets approved. At that point, I take a job in a different country. Can i continue her naturalization process from the third country? I will probably be working there for a few years.

Thanks,

Harry

[Caryh 5,206]

If she does not take up residence in the USA, her green card will be considered abandoned and she'll lose legal residence status and the ability to enter into the USA. If she's going for citizenship, she will need to be a green card holder married to you for three years. In the final 18 months before filing, she must be living in the USA completely, minus short visits out of the country.

[DirtyHarry 5]

Isn't there a clause where by you can file an extension for the green card if you are out of the country for 2 years? I would like for her to get the green card and file the extension. We will visit once a year. I do not want to go through this whole agony again later.

[Caryh 5,206]

Isn't there a clause where by you can file an extension for the green card if you are out of the country for 2 years? I would like for her to get the green card and file the extension. We will visit once a year. I do not want to go through this whole agony again later.

Yes there is. But it does not guarantee the border control will allow her re-entry. The green card is given to a permanent resident, living in another country means she's not residing in the USA. They have also been cracking down on people who have green cards but spend as much as half the time out of the country. If she were to enter, get her green card, immediately leave and apply for the re-entry permit, she's going to run into trouble fast. She might get away with it once, a big might from how fast you say you want to do this. But to only come back for a vacation and then attempt to repeat it, would likely get her green card yanked if she left again, as she's never shown her true residence is in the USA.

Edited June 6, 2014 by Caryh

[DirtyHarry 5]

I will have to take my chances. The border control would have to be heartless to deny my wife and daughter entry on these grounds. How could they stay in the US while I have a work posting else where? Its not like I am doing some fraud here. The rules just don't have flexibility.

[Ryan H 3,818]

If you are going to be working in another country, delay your case at the NVC until the time is right. The NVC will keep a case active for one year from the date of last contact. The clock resets each time you contact the NVC.

CBP will not care what your personal circumstances are; they can and will refuse entry to your wife and daughter on the grounds that have already been stated above.

[DirtyHarry 5]

So I can keep calling the NVC every year to keep the case active? Any idea how long I could do this? What would happen if they have a green card and I refile the IR1 using consular fililng?

[Ryan H 3,818]

You can keep calling the NVC indefinitely.

[Caryh 5,206]

So I can keep calling the NVC every year to keep the case active? Any idea how long I could do this? What would happen if they have a green card and I refile the IR1 using consular fililng?

They would need to give up their green cards before you file again. The delaying the case and repeated calling would keep the case going though. You can pretty much do this indefinitely with the IR-1 visa. The IR-2 for the daughter, aging out might be a consideration, I'm not sure how that would affect you.

This is a matter of being heartless, this is a matter of enforcing the laws as congress has written them.

[biaobiao 40]

You can try to keep calling nvc to have it activated or Why not just cancel what you have now. Have your family come to you wherever you are. When the time is right, petition for them again.