Residing with wife for the 1.5 to 2 year wait for Ir1 visa problems??

[Aosap402 3]

Hello everyone, I have a basic question I came across today. My wife abandoned her AOS application by leaving before the AP card was issued so we are switching to a ir1 visa via the i-824 to move the application to nvc and are prepared to wait another 2 years because of this big hiccup. My question is I read that the USC(me) must reside in the U.S during the application process. I went with her to her home country and I've been here for a few months. While waiting for the I-130 to get approved, I would like to stay here with her and live here the entire 2 years. I have a home address in the U.S and we are going to be staying at her parents living here until then. By the way I make money working online so that is how I am able to live abroad without too much issue. Will that be a problem at the interview? Is USCIS ok with me living abroad during the application process. I plan on getting a work visa here(Guyana) and should be legal to stay as long as I want so the only issue im worried about is USCIS wanting me to reside abroad instead of here. Thanks for your help and insight.

[EM_Vandaveer 2,408]

Why do you expect it to take 2 years? CR1/IR1 takes 12-14 months on average.

[Aosap402 3]

Just now, EM_Vandaveer said:

Why do you expect it to take 2 years? CR1/IR1 takes 12-14 months on average.

Well the faster the better of course but I read that the i-824 which would move the application to nvc because of it having originally been an AOS application was going to take 6-12 months alone. So I'm preparing to not get my hopes up in terms of how long it will take.

[Ben&Zian 4,398]

The USC does not have to reside in the US during the process. You can be anywhere. Issue will be when time comes to get the visa, you as the sponsor need to prove domicile in the US somehow. So possibly before getting the visa you could move back to the US and get a job and all. 

[Crazy Cat 41,982]

9 minutes ago, Aosap402 said:

Hello everyone, I have a basic question I came across today. My wife abandoned her AOS application by leaving before the AP card was issued so we are switching to a ir1 visa via the i-824 to move the application to nvc and are prepared to wait another 2 years because of this big hiccup. My question is I read that the USC(me) must reside in the U.S during the application process. I went with her to her home country and I've been here for a few months. While waiting for the I-130 to get approved, I would like to stay here with her and live here the entire 2 years. I have a home address in the U.S and we are going to be staying at her parents living here until then. By the way I make money working online so that is how I am able to live abroad without too much issue. Will that be a problem at the interview? Is USCIS ok with me living abroad during the application process. I plan on getting a work visa here(Guyana) and should be legal to stay as long as I want so the only issue im worried about is USCIS wanting me to reside abroad instead of here. Thanks for your help and insight.

There is no requirement to live in the US during the process, but you have to, at minimum, show intent to relocate to the US.  Actually, there are advantages to her entering the country on or after 2 years of marriage.....she would receive a 10 year green card......

[Aosap402 3]

2 minutes ago, missileman said:

There is no requirement to live in the US during the process, but you have to, at minimum, show intent to relocate to the US.  Actually, there are advantages to her entering the country on or after 2 years of marriage.....she would receive a 10 year green card......

Well if that's the case then I should be fine because I have a home address as well as a job with a U.S company. I just worked from home so I just did everything online from here. I also am going to school online at the same time. And we were going through AOS so there is another obvious indicator that we are full heatedly trying to stay in the U.S for good and just had a bit of bad fortune with an emergency that caused her to need to leave the U.S before the AP card was issued(should have gotten an emergency AP, but this was her mother dying so she refused to wait at all thinking they would not abandon it)

[Crazy Cat 41,982]

1 minute ago, Aosap402 said:

Well if that's the case then I should be fine because I have a home address as well as a job with a U.S company. I just worked from home so I just did everything online from here. I also am going to school online at the same time. And we were going through AOS so there is another obvious indicator that we are full heatedly trying to stay in the U.S for good and just had a bit of bad fortune with an emergency that caused her to need to leave the U.S before the AP card was issued(should have gotten an emergency AP, but this was her mother dying so she refused to wait at all thinking they would not abandon it)

Sounds workable to me.......just make sure you are current on your taxes....😁

[EM_Vandaveer 2,408]

4 hours ago, Aosap402 said:

Well the faster the better of course but I read that the i-824 which would move the application to nvc because of it having originally been an AOS application was going to take 6-12 months alone. So I'm preparing to not get my hopes up in terms of how long it will take.

Why not file a new I-130 then? It'd be much faster. Just withdraw the old one first.