Can my beneficiary move to another country while I-130 is pending?

[Emberly 11]

I filed for my husband in October and unfortunately we are being processed in the Nebraska office. My husband received a scholarship to study in China. How will this affect the I-130 application? We are trying to make the best decision and any information is greatly appreciated.

[AM268 23]

I think the only change is that he will eventually need to get police clearance from China. If it's a 2 year scholarship, with time lines taking a year plus he should be up there still when it's time to send those documents. If it's a 1 year MBA he might be out of China by then and so he needs to make sure he gets the police record and any other documentation while there still.

 

I was considering taking a scholarship to China after my LPR wife and I got married in 2015. I thought the time was too short so I opted against it. My priority date became current in August 2017 which pretty much means I would have finished the course by time to relocate.

 

Another thing to be mindful of if you decide to go forward with the scholarship is having the documents (grades and course outline) sent from that univeristy to any further institution in the States that might be necessary for certification/licensure/further studying. For exame If i want to get my Architecture license in the USA I need to send my grades from my Cuban University. Which is right there and if I have to I can go back and get that done. But China is some ways off from USA when he does get there

[Emberly 11]

We don't think that he will be done with his studies due to it being a three year scholarship my husband is just tired of the living conditions in his country. My concern is that him being in another country will cause delays once the I-130 is approved and moving to the next step. Will being in China change anything or can he just fly back for the interview and continue as normal.

[SabRob 154]

It will not delay the I-130. However, your husband will not be done with his studies by the time his visa is ready. He can fly back to his country in order to attend the interview, but after the visa is issued, it's only valid for 6 months, if he doesn't or can't take time off from school in order to seek entry into the US, you'll have to refile for him, so keep that in mind. 

 

One thing you could do..is try to delay the NVC stage, don't send documents right away. Once the NVC receives your approved petition they will keep it for 1 year and after that, your case will enter termination. If you time it right, you might be able to stretch the process so that your husband can graduate before he moves to the US, but keep in mind that it might not be possible depending on the processing times. 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,908]

The answers depend upon your husband's actual plans once the case reaches the NVC stage.  He will then need to declare his current residence.  If it IS his intention to abandon his studies in China and fly back to Lagos for the visa interview, then no problem.  If he lives in China more than six months, he'll need to obtain a Police Report and Notarial Translation of it before leaving China.

 

If he plans to stay in China until completion of studies, then his immigration to the US will be delayed by that decision.  What is the outcome you desire?