i'll be on sabbatical, spousal visa best fit for husband? (merged threads)

[Michael and Ganna 104]

Hello and welcome Confusion is the name of immigration.

I noticed your timeline and you mention TSC. Have you filed the I-130 yet? I am not sure if DCF is available to you, but if it is, I would look into that option and in some countries it requires legal residency.

The I-130 can be filed from abroad, and in most cases gives you a expedite which shaves months off the process.

A B-1/B-2 is for visiting, and not for living in the US on a 6 month rotation plan. It has caught up to people who do that. Also being married can be a problem when applying for a visitors visa......not saying it can't be done. You never know until you try.

My wife has a B1/B2 and it is multi-entry for 10 years. Not sure how she got it, but that is what was issued to her after her request for a 30 day visa to visit me.....then her BF.

Good luck on your journey, whatever path you choose:)

[Ryan H 3,812]

but we do have the American Institute in Taiwan...i'm reading that they have direct consular filing, so that means i would be applying for the CR-1 automatically if i do DCF, if i've read correctly... (thank you for your reply, btw!)

Old information, in order for DCF to be possible, a USCIS field office must be located there.

[Ontarkie 14,228]

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[TBoneTX 45,319]

Another post has been removed for violating this provision of the site's TOS: "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method." Administrative action applied.

TBoneTX

VJ Moderation

[lunchboxthermos 1]

hi all,

thanks for your advice. i'm in the process of finishing up the i-130 now, and looks like we will end up staying in the US for a couple years. but i as still wondering a couple things for this initial part:

as i've read up on VJ forums, a lot of people are saying that the K3 is more difficult to get now..why is that? i'm reading that the CR-1 would take a year to actually get, but i'll need to be back in the US sometime in september/october for sabbatical.

in an effort to help my husband and i not have to be separated for an additional 6 months, would this be an option:

turn in i-130, applying for K-3 visa with i-129F. if we receive it before september, we both fly into the US, and he applies for AOS & employment. i'm guessing that the CR-1 would not have come through by that time.

did i get the order right? i'm a bit confused. just trying to decrease the length of time we will have to spend apart.

[Boiler 45,537]

If the K3 is not administratively closed would take the same sort of time.

If the K3 is not administratively closed would take the same sort of time.

[lunchboxthermos 1]

greetings, not sure if this is where i should ask, but thought i would throw it out there and ask for advice!

my husband and i are christian missionaries working in taiwan (working under an international organisation, but officially "employed" by the US branch of it). we're in the process of applying for his CR-1 spouse visa, and once that is approved, we'll actually head back to the US for a year (likely two) of furlough. we will also be sent back to taiwan after those two years, and be serving in taiwan again (terms are between 2-4 years, and we could technically fly back to the US as needed). every 2 years, we could go back home for furlough again (probably about 6 months each time). eventually we plan to retire back to the US. my questions are as follows:

1- how long can we (or technically him, since he's the one with the PR) be living out of the US, working in taiwan? we don't want to lose his PRa, but have heard there is a maximum length of time he can stay out of the US, pending the approval of some kind of permit? are they more lenient to grant those permits for people who are working overseas? would it help to have our organisation write a letter of employment stating why we need to be overseas?

2- how long does getting citizenship actually take? once he gets his PR, would it be possible to start the citzenship process or is that only after a certain length of time living in the US?

would appreciate any advice or helpful suggestions. thanks so much for your time.

[aaron2020 11,651]

Hi,

Your husband will lose his LPR status with the traveling that you are considering.

Living outside the US for 2 years and furloughing in the US for 6 months at a time will not allow him to keep his LPR status. He can not be living and working for 2 years at a time abroad.

It takes 3 years of being an LPR to qualify for citizenship when married to a USC. There is a residency requirement and physical presence requirement. Can not have trips outside the US for more than 6 months at a time. Can not be outside the us for more than 1/2 the time.

It would be best to stay in the US for 3.5 years to get US citizenship.

[A'n'L 735]

1) Re-entry permit, would allow to stay out of country up to two years. I believe it is reasonably easy to obtain the first one, but would be hard to justify having a green card (which is for living inside the US, not just short stays now and then) if you keep applying for those permits back to back (no experience with this).

2) It would take 3 years of living in the US before he is eligible to apply. Time spent outside the US doesn't count.

[Boiler 45,537]

http://www.visajourney.com/forums/topic/588730-ill-be-on-sabbatical-spousal-visa-best-fit-for-husband/

We covered this in your first post.

[aaron2020 11,651]

You got the correct advice in your last thread.

What you want is not possible.

[aleful 1,905]

hi

you only have two options, you can't have both, pray and make the right decision for the both of you

or you pause or stop the petition until you are ready to retire and move back definitely to the US and the petition won't be CR1 anymore since you will have been married over 2 years, so your husband will automatically get the 10 year GC

or when you return to the US, it won't be a furlough, you will need to live in the US for over 3 years, he files for citizenship. Once he becomes a USC, he can come and go as he pleases, there is no obligation to live in the US

[EM_Vandaveer 2,408]

1) Re-entry permit, would allow to stay out of country up to two years. I believe it is reasonably easy to obtain the first one, but would be hard to justify having a green card (which is for living inside the US, not just short stays now and then) if you keep applying for those permits back to back (no experience with this).

2) It would take 3 years of living in the US before he is eligible to apply. Time spent outside the US doesn't count.

Time spent outside the US DOES count as long as it's less than half the time in shorter than 6-months increments.

[lunchboxthermos 1]

http://www.visajourney.com/forums/topic/588730-ill-be-on-sabbatical-spousal-visa-best-fit-for-husband/

We covered this in your first post.

goodness, thanks so much for linking me!! i completely forgot about that thread. ugh, just too much happening and i can't keep up. thanks for the link again.

1) Re-entry permit, would allow to stay out of country up to two years. I believe it is reasonably easy to obtain the first one, but would be hard to justify having a green card (which is for living inside the US, not just short stays now and then) if you keep applying for those permits back to back (no experience with this).

2) It would take 3 years of living in the US before he is eligible to apply. Time spent outside the US doesn't count.

okay so the best option is to stay in the US for 3 years BEFORE he can start to apply for USC? and then how much longer will that entire process take? how come i'm always hearing people waiting for like 10 years before they become a citizen? (or maybe that was 15 years ago)...

[aaron2020 11,651]

goodness, thanks so much for linking me!! i completely forgot about that thread. ugh, just too much happening and i can't keep up. thanks for the link again.

okay so the best option is to stay in the US for 3 years BEFORE he can start to apply for USC? and then how much longer will that entire process take? how come i'm always hearing people waiting for like 10 years before they become a citizen? (or maybe that was 15 years ago)...

It takes about a year to go through the citizenship process.

Apply for citizenship is optional and that's why some people choose to wait 10 years, 15 years, etc. to naturalize.

The law has not changed in decades.