LPR sponsored wife but wants to abandon his LPR

[mzalli 0]

Guys,

An LPR sponsored his wife, she got her visa and came to the USA 2 months prior to him overstaying the 6 months period in his country of birth.

Will that affect his wife's status in the USA?

Note that she wants to stay in the USA.

Thanks

[canadian_wife 1,827]

Where is LPR petitioner spouse now?

Good luck

[La Souris 19]

Were they ever in the USA at the same time?

[mzalli 0]

The LPR is currently in his country of birth, so not in the USA. He went there to go with his wife to the consulate interview. His wife just picked up the visa from the consulate and is making plans to migrate.

They were never together in the USA.

Edited January 29, 2016 by mzalli

[Kastrs 723]

The LPR is currently in his country of birth, so not in the USA. He went there to go with his wife to the consulate interview. His wife just picked up the visa from the consulate and is making plans to migrate.

They were never together in the USA.

He will either need to travel to the US before she does or at the same time

[newacct 688]

Her status is not affected. But why would they want to stay separate? (You said she wants to stay in the US and he wants to abandon his permanent residence.) If she has conditional permanent residency, she could have issues with Removal of Conditions if they stay separate. Also, there is no "6-month period". An LPR can enter using just their green card after a trip of less than 1 year, and even after that CBP can still let them in.

[mzalli 0]

Well, not sure what's going on, heard it's not going well for them.

Anyways, he said he'll stay there and she said she wants to come over but she's worried that if he stays there, they'll send her back.

I just wanted to get an idea of if they'll send her back or not if he's not or won't come back to the USA.