After green card is issued

[town&country 9]

Hi VJ,

I've had a crazy trip to see my husband where he finally admitted, 2 weeks after my arrival, that he did not want to live and work in the U.S. (#blindsided...) I knew he was nervous about it, who wouldn't be? but never thought he would bail. Why couldn't he have thought this through before allowing me to file the petition!! Let's just say it's been a horrible month since getting home, thinking what now? I received the NOA2 10 days after getting home. Should have been a time for celebration but instead I just put the notice away in the filing cabinet. A few days ago I received the case number and invoice number.

Today we spoke and it seemed like maybe his feet were warming up. I'm not sure, maybe . . . I had to ask him one last time, do you or don't you want to go through with this green card process, since it's time to get on with it.

I know he is very worried about the timing of it all, so if I could explain more detail about how it will work it might help. I can't find answers to these questions at the NVC site or anywhere.

--Once the case number has been issued, and it was about a week ago, how long do we get to complete the applications, fee payments, etc, and sending the package to the NVC? Is there a deadline?

--Once/if he gets a green card issued, how soon does he have to use it? Is there a deadline for that?

--If he never gets a green card, can he still get a visitor visa?

Thank-you for any insight, Julia

[Boiler 44,855]

6 months for the Immigrant Visa

He can always apply for a Visitor Visa.

[Amhara 460]

"If he never gets a green card, can he still get a visitor visa?"

No one can really tell you. As Boiler said, you can always apply and bring as much evidence of ties to home country as possible, but approval or "getting" the visitor visa is based on the officers decision.

I hate to hear that you are in this situation. I would feel a little betrayed seeing how he waited two weeks to discuss this with you. I don't think an immigrant gets a green card until after they have entered the US. Also, a green card holder can lose their permanent residency status if they stay out of the country for too long before becoming a citizen. So even if he comes and gets the GC, there's no guarantee that he will be able to keep it if he travels back home too much.

This is a big decision not to be taken lightly. You may need to consider immigrating yourself or ending the relationship. I know US isn't all cream and gravy, but one of those two options are sounding a little more appealing to him. I don't think you should try to convince him - if he would be so disinclined to tell you he doesn't want to immigrate with you, he may also be stalling in telling you he wouldn't be too resistant to end the marriage. I hope that's not the case, but I just need to put that out there. Let him make the decision - don't try to persuade him.

[IcezMan_IcezLady 582]

Once the case number has been issued, and it was about a week ago, how long do we get to complete the applications, fee payments, etc, and sending the package to the NVC? Is there a deadline? I don't know the deadline but folks on this forum seem to pay within a couple of days of receipt. So don't sit on it for too long.

--Once/if he gets a green card issued, how soon does he have to use it? Is there a deadline for that?

There isn't a deadline requirement but his residency requirement will have to be met in other keep the GC privileges and to get his citizenship

--If he never gets a green card, can he still get a visitor visa?

He can apply for visitor's visa but the fact that you are here will make it a little harder for him to visit.

Have you considered moving to Guyana instead of him moving here? Moving is not easy. It's even tougher on men.

Edited April 5, 2016 by IcezMan_IcezLady

[NikLR 13,227]

You have a year to keep in contact with the NVC. So you could drag out the process for another 2-3 years.

[NikLR 13,227]

He would have 6 months to enter the USA from the medical date after a successful interview.

[town&country 9]

Thank-you for the info. That is really helpful to know some time frames for this process. It adds another dimension to my situation, I hope.

And the advice, well, I could use some advice right now, thanks! I won't try and convince him, or fight about it at all. I will tell him what I learned here today, and then let him decide what happens next. He says he wants to stay married, you know, 'for better or worse' . . . and have a long distance marriage. However, in our last conversation/argument a few days ago, he kept insisting to me that he never said that he didn't want to move to the U.S.! But he did, in person last month, twice, in simple declarative sentences! 3 days apart, two separate conversations.

Yeah, other options, moving to Grenada. Could I find a job or make a job for myself there? Not so sure about that.

Get divorced. sigh . . .

stay married and have a long distance marriage. Really don't want that. I could do it for a little while if he had a time frame in which he would want to finally come here.

best, Julia

I'll keep you posted, for better or worse.

[NikLR 13,227]

I hope you figure out what's best for you Julia!

[town&country 9]

thanks Canadian in Colorado! Your reply means a lot to me.

[town&country 9]

In another thread someone else has asked the same question and someone else replied that all you have is 2-3 months doing nothing before they close your case. But here you are saying that we could do nothing for a year and they wouldn't close our case until then. Well, we might just be getting ready to find out for real if my husband and I shelf the process for some time to come. I'll keep you posted about that.

I don't have much hope that we will eventually see it through. What's best for me, yeah, what about the marriage, yeah. He has gone ahead and made big moves based on what is best for him alone. Not a great foundation for a long lasting relationship. Oy oy oy.

One more thing: I confused the discussion by using 'green card' as the reference. It's really the 'approval' for the visa (that results in a green card once you enter the U.S.) that I am talking about. How much time after the beneficiary is approved for the visa does he have to actually use that visa to travel to the U.S. (and get the green card). Looks it is 6 months? Another reply here said there is no deadline to use the green card, I assume you meant to start working?

Thanks! Julia

Edited April 11, 2016 by town&country

[Ortolan 381]

Take a few weeks and stop thinking Green Card. Think instead on what you want, what he wants. Decide that first, then you'll know what to do.

[NikLR 13,227]

The person was wrong about the 2-3 month thing. They obviously hadn't read the emails sent to them from the NVC. You have a year to contact the NVC. In reality you can drag this out for several years. Send the ds-261, wait a year, pay fees, wait a year, send the packets, wait a year, send the ds-260, case complete and interview.

From visa issuance, after a positive interview, you have 6 months from the medical date to enter the USA. Search VJ and that will be the answer from every veteran.

Figure out your relationship first, then immigration. You dont have the second without the first. Personally I could not live my life with my spouse in another country. People do it and make it work, but I could not. Spending the first year without my husband was so hard.

Edited April 11, 2016 by NLR

[town&country 9]

Hmmm, I am carefully reading the email notification that contained the case number and invoice number. There is a paragraph called 'Termination of Registration' that says ". . . the Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability. . . " I didn't read this carefully I admit, until now, but there it is. It goes on to say ". . . The petition may be reinstated if, within two years of notice of visa availability, the alien establishes that the failure to apply was for reasons beyond the alien's control. Therefore if you do not respond to notices from the National Visa Center within one year you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date."

If I had only read that paragraph I would have known the answer! thanks for answering it anyway NLR.

But yeah, maybe none of this really matters for me, in my situation. But also maybe a blessing in disguise that there can be a delay while the situation gets worked out. I am not a natural born quitter, I hate to give up on things. Especially a marriage for goodness sake. Ugh. Back to doing my taxes.

[UnaMexicana 153]

If you are so inclined to stay in this marriage and he changed his mind about immigrating, perhaps it is time for you to change residence.

My husband lived all his life in the US. When we were to be married I asked him to come to Mexico as I did not have any intention to move to the US. I had a great job, my family.. I lived in a beautiful country. Why move? So he came to Mexico. We got married. Months passed and he did not find a job he really liked. After a year and a half I thought... Well, he clearly is not happy. It is time for me to meet him half way. So he up and left to be back in the US and file the petition for me.

Look at my timeline... I am two weeks away from moving. I do not regret it. I want to be with him regardless of geography. That is me. I do not hold it against him if he did not like it here... He tried.

I suggest you try and live down there for a while. You might end up loving it.

[Boiler 44,855]

Grenada sounds nice.

We have a storm coming in, a couple of feet of snow.