Can I be outside the US while waiting for husbands papers?

[mpeu 0]

Hi there! 

 

I was hoping you can help me.

 

I am a Green Card holder and my husband is a Spanish citizen. We would like to file for his petition (i-130) for him to be able to live there with me. I understand that there is about a minimum 2 year waiting line for this and I also understand that he cannot live in the US while waiting for this to process. However, we do not want to be apart for that long a period. That said, can you please help me with these following inquiries:

 

1. Can we file for his petition from abroad ?

2. Can we file for his petition inside the US?

3. Do I have to be in the US while his application is being processes or can I be out of the country with a 2 year reentry permit?

 

Thank you so much any help would be greatly appreciated!

[geowrian 22,338]

1. Yes. Just note that as an LPR you need to maintain US residency. So you can visit and file from abroad, but if you take residence abroad, they may deem that you abandoned your LPR status.
2. Yes.
3. See #1. A reentry permit can help show that you didn't intend to abandon residency. But as always, nothing is guaranteed. And know what impact it will have on your timeframe to qualify for naturalization.

[mpeu 0]

Hi geowrian!

 

Thanks so much for your reply!

 

Yes I understand. Even with my reentry permit I will still be coming every few months because my family is all there. Any other tips to help me prove that I do not plan to abandon my residency?

[f f 725]

the reentry permit is ment for long stays abroad and it is used when you return to the us. so coming back every few months would defeat the purpose of getting one.

 

you can file for your husband now. then file for a reentry permit and when you get it you can live in Spain for just under 2 years by which time his visa should be about ready and you can come to the us to get things sorted and wait for him to arrive.

[Dashinka 24,984]

I think you really need to ask yourself where you and your husband want to live in the future.  If in the US, then you need to be very careful in maintaining your LPR status and residency here.  The general rule is more time in the US vs outside in a given year, but multiple trips could raise eyebrows.  It is always tough being apart from those we love, but planning for the future is important and two years or so is not really that long.

 

Good Luck!

[mpeu 0]

Thank you all for your replies! I really appreciate all the help. of course we have a lot to think about and have to plan things very well. Thank you all!

[NikLR 13,232]

Don't forget about the sponsorship. You need to be making 125% of the poverty guideline, or have assets to cover, or have a joint sponsor.  So while living abroad seems like a great idea from a relationship standpoint, it may not be the best idea from a financial one.