Filing under F2A - Newly wed - LPR for 1year+ only - Filing while in PH

[dhenz91 2]

Hello, i got some confusion here. I was already set till my sister told me something really confusing and got tied up.

I went to US for the first time as immigrant under F2A visa petitioned by my mother last October 2014. I have stayed in the US for 1 year and 1 month then I went back to PH to get married. I plan to stay here in the Philippines for 5 months+ but not more than 6 months.

I am planning to file a petition I-130 for my husband under F2A category too while I am still here in the Philippines. For me it was all clear that I am eligible to file I-130 since I'm an LPR and that I still have continuous residency since I am not going beyond 6 months of stay outside the US.

Now, what got me confuse is that my sister told me "Dhenz you are only allowed 6 months of stay outside the US.. But im not sure if it will be favorable with you filing F2A for your hubby, coz you might be asked why you intended to stay that long if you desire to be a US resident.. they are now strict with residency..just thinking?? Coz you only stayed here in US for 1 year only and I don't think that can be called an established residency in the US?.."

That's what she told me. And I was thinking "NO that's not true".. That can't be. Why would they question me staying outside US for less than 6 months? And blah blah.. I don't know if she's saying these coz she was concern or she just wanted me to go back to states as soonest possible. But I still want to spend more quality time with my husband.. We just got married dude >_<

Can anyone please tell me that I am all good to go even if I stay here in the Philippines for 5 months while I file the I-130 for my husband?? PLEASE T_T

[aaron2020 11,651]

Don't listen to your sister. She has no idea what residency means. Completely wrong.

As long as you maintain ties to the US, you are fine while being outside the US for 6 months.

Don't claim residency in the PI. Keep a US address. File a US tax return with your US address. Keep a US bank account with your US address. That's pretty much it.

Seriously, never ever take immigration advice from your sister again.

Edited January 28, 2016 by aaron2020