Can spouse leave US during F2A procedure.

[Niraj 4]

Hello,

My wife is LPR and she has applied for my F2A. My PD is Sept 2013. Seeing VB's since Oct2013, it may take another 1 and half years for out PD being current.

She was in India after the application from AUG2013 to NOV2013, since then she is in the US. Can she visit me again in around Oct2014 for a month or two?

My lawyer says it may affect the visa procedure, if she stays out of the country so much and hence he doesn't recommend it. According to him, it may hurt her financial status because she leaves job for longer duration; as she is my sole sponsor.

Is there a rule like that ?

[Dave&Roza 748]

Hello,

My wife is LPR and she has applied for my F2A. My PD is Sept 2013. Seeing VB's since Oct2013, it may take another 1 and half years for out PD being current.

She was in India after the application from AUG2013 to NOV2013, since then she is in the US. Can she visit me again in around Oct2014 for a month or two?

My lawyer says it may affect the visa procedure, if she stays out of the country so much and hence he doesn't recommend it. According to him, it may hurt her financial status because she leaves job for longer duration; as she is my sole sponsor.

Is there a rule like that ?

First, as a LPR she must due what is required to maintain her LPR status which in short means she is to live in the US and not use the GC like a tourist visa and visit a few weeks at a time and live in another country. As long as she is not outside the US for more than 6 months at a time and does not have several short trips that add up to more than 6 months outside the US in a 365 day period, the CBP will probably not give her a second look.

As your only sponsor, she must show sufficient income to meet the poverty guidelines and they will want a history of earning this income. If she can leave a job and get another and meet the guideline a few months before she SHOULD be okay. Of course it really depends on the person looking at your case especially if she is very near the amount needed. The higher you clear the bar the better.

Good luck,

Dave

[Niraj 4]

First, as a LPR she must due what is required to maintain her LPR status which in short means she is to live in the US and not use the GC like a tourist visa and visit a few weeks at a time and live in another country. As long as she is not outside the US for more than 6 months at a time and does not have several short trips that add up to more than 6 months outside the US in a 365 day period, the CBP will probably not give her a second look.

As your only sponsor, she must show sufficient income to meet the poverty guidelines and they will want a history of earning this income. If she can leave a job and get another and meet the guideline a few months before she SHOULD be okay. Of course it really depends on the person looking at your case especially if she is very near the amount needed. The higher you clear the bar the better.

Good luck,

Dave

Hi Dave

Thank you for the information, was indeed helpful.

One more related question. According to poverty guidelines if we are just 2 then minimum income requirement is $19,662. Does she have to show that amount in bank ? Because its not possible to have so much savings at a time. Yes, she has a full time job with a hourly pay such that it makes $25000/year.

Currently she lives with her dad and brother. Both of them earn too. We are planning to take a new house when my visa is almost final. Should my father-in-law and brother-in-law too become my sponsors ?

Thanks.

[yannix 24]

 

One more related question. According to poverty guidelines if we are just 2 then minimum income requirement is $19,662. Does she have to show that amount in bank ? Because its not possible to have so much savings at a time. Yes, she has a full time job with a hourly pay such that it makes $25000/year.

The poverty guidelines refer to yearly income and not how much money you have saved. It's usually the adjusted gross income (AGI). Check her last year's tax forms to make sure you are within the numbers.