Moving overseas after AOS interview, advice needed

[Margo2017777 90]

Mu husband got a job for 18 months in Middle East and we are moving there in the middle of January. The thing is that I have a Green Card interview scheduled at the beginning of January and I am not sure if it is better to attend it or withdraw application and re-file for spousal visa.

 

As far as I know with Green Card it is not advisable to leave country for more than 6 months and we are still not sure if we do not stay longer than 18 months overseas. 

 

I was researching and it seems my husband can use form i-130 for me if we decide to re-file and start everything all over again at the end of his contract? As far as I am aware in order to apply for CR-1 he needs to live in U.S which will not be the case. 

 

Any advice will be greatly appreciated.  P.S : we do not mind to pay application fee again. 

[SteveInBostonI130 3,434]

Hello,

 

I-130 is CR-1.  Also, from the timeframes you mentioned, it will be an IR-1 and not a CR-1, since you would be married for over 2 years by the time you get the visa.

 

If your husband is going overseas on a military contract then it might qualify as an exception for US residency for your greencard.  However, if it is a civil contract then yes, it could cause you issues to be away from the US for 18 months.  You could also apply for an re-entry permit, but that would be after getting your greencard and it will probably not fit your schedule.

 

Abandoning your AOS and starting over with a spouse visa seems to be a viable option for you.  Your husband can file from overseas - he would submit the I-130 aplication online.  He will need to demonstrate that he will re-establish US residency by the time the visa is approved. 

 

I suggest he do it right away, or as soon as he knows the actual duration of the contract (if it will be longer than 18 months).  18 months to 2 years before your planned return to the US is the right time to file the I-130.  12-24 months is the normal processing time for a spouse visa, and you can delay the process at the NVC stage if the I-130 petition gets approved sooner than expected.

[Mike E 11,739]

Attend the interview.

 

Wait for the green card before leaving the country.

 

Maintain a residence in the USA.

 

Come back to the USA every 5 months. In the long run, eventually CBP will tell you that you are putting your green card at risk. It is better to seek forgiveness than to seek denial, so cross that bridge when you get to it. However whether that first admonishment will arrive during the 18 months or not is not certain.

 

It is just 18 months. It isn't worth it to repeat this process.

[Margo2017777 90]

51 minutes ago, SteveInBostonI130 said:

Hello,

 

I-130 is CR-1.  Also, from the timeframes you mentioned, it will be an IR-1 and not a CR-1, since you would be married for over 2 years by the time you get the visa.

 

If your husband is going overseas on a military contract then it might qualify as an exception for US residency for your greencard.  However, if it is a civil contract then yes, it could cause you issues to be away from the US for 18 months.  You could also apply for an re-entry permit, but that would be after getting your greencard and it will probably not fit your schedule.

 

Abandoning your AOS and starting over with a spouse visa seems to be a viable option for you.  Your husband can file from overseas - he would submit the I-130 aplication online.  He will need to demonstrate that he will re-establish US residency by the time the visa is approved. 

 

I suggest he do it right away, or as soon as he knows the actual duration of the contract (if it will be longer than 18 months).  18 months to 2 years before your planned return to the US is the right time to file the I-130.  12-24 months is the normal processing time for a spouse visa, and you can delay the process at the NVC stage if the I-130 petition gets approved sooner than expected.

 Thank you for your answer.

 

My husband got a civil contract, so we will not qualify for an exception( 

 

As far as I know I need to let USCIS in writing that i want to cancel my interview? 

Edited December 10, 2020 by Margo2017777

[Margo2017777 90]

39 minutes ago, Mike E said:

Attend the interview.

 

Wait for the green card before leaving the country.

 

Maintain a residence in the USA.

 

Come back to the USA every 5 months. In the long run, eventually CBP will tell you that you are putting your green card at risk. It is better to seek forgiveness than to seek denial, so cross that bridge when you get to it. However whether that first admonishment will arrive during the 18 months or not is not certain.

 

It is just 18 months. It isn't worth it to repeat this process.

Thank you for your answer.

 

We will not be staying at our address till card is produced as its very short time in between interview and our departure. 

 

Also I am unable to come to U.S every 5 months as I have an infant.  

 

So I was looking at alternatives to our situation. 

[Mike E 11,739]

6 minutes ago, Margo2017777 said:

We will not be staying at our address till card is produced as its very short time in between interview and our departure. 

Have someone send the card via DHL when it arrives at your address in the USA.

 

6 minutes ago, Margo2017777 said:

 

Also I am unable to come to U.S every 5 months as I have an infant.  

I see infants on long hauls all the time.

 

6 minutes ago, Margo2017777 said:

 

So I was looking at alternatives to our situation. 

No good ones. This is a personal issue and you've established artificial constraints that make it impractical to keep your green card. 

 

Prepare yourself for staying more than 18 months outside the USA.

[Ayrton 965]

My suggestion would be to attend the interview. Let him travel. You wait for the card and apply for a reentry permit and select to get it delivered at the embassy at the place you will be staying. You can either stay and wait for the biometrics or travel and then come back for the biometrics. It would be your choice if you want to stay in different countries for couple months.

[JonSeattle 202]

You never know what is going to happen. Seems safer to complete the AOS in case the new job doesn't work out for any reason.

[Loren Y 2,755]

Best to attend the interview, wait for the green card to arrive, then apply for a reentry permit before you leave. You can follow behind your husband I'm sure, no need to travel with him. Better to follow a month or so behind him and have LPR status before you leave. And with the reentry permit you will be fine, and not have to start over at the beginning. 

[Orangesapples 1,954]

6 hours ago, Mike E said:

Attend the interview.

 

Wait for the green card before leaving the country.

 

Maintain a residence in the USA.

 

Come back to the USA every 5 months. In the long run, eventually CBP will tell you that you are putting your green card at risk. It is better to seek forgiveness than to seek denial, so cross that bridge when you get to it. However whether that first admonishment will arrive during the 18 months or not is not certain.

 

It is just 18 months. It isn't worth it to repeat this process.

Or alternatively, she can apply for a re entry permit before leaving. 

[Orangesapples 1,954]

5 hours ago, Mike E said:

Have someone send the card via DHL when it arrives at your address in the USA.

 

I see infants on long hauls all the time.

 

No good ones. This is a personal issue and you've established artificial constraints that make it impractical to keep your green card. 

 

Prepare yourself for staying more than 18 months outside the USA.

Why are you saying this? Reentry permits are routine. 

[Mike E 11,739]

22 minutes ago, Orangesapples said:

Why are you saying this? Reentry permits are routine. 

And they take six months to be issued.  

[AnnaLee24 16]

A civil contract is still a very temporary thing. People on contract jobs, especially for the military, are not expecting to live in that area. It is like going on a LONG work trip. I would go and take all evidence. Your husband won’t be getting housing allowance (military families get housing allowance still if spouse is overseas), so it doesn’t make sense for him to keep a house in the US or you to move there yet without him. I would go to the interview, take all evidence of him at his current job like pics, contract, if he is prior military take pics and proof, proof of him keeping residency in the US, make them understand he has never kept residency outside of the US and this is just a lucky thing for him he got a contract job. If you are not already from the ME then it’s easier to prove you wouldn’t be moving there for any reason to be with him.

 

Long story short, go to the interview, throw all your evidence out, and either pray, light some incense, poke some pins in a doll, whatever gives you good mojo but definitely cross your fingers.

[Ayrton 965]

24 minutes ago, AnnaLee24 said:

A civil contract is still a very temporary thing. People on contract jobs, especially for the military, are not expecting to live in that area. It is like going on a LONG work trip. I would go and take all evidence. Your husband won’t be getting housing allowance (military families get housing allowance still if spouse is overseas), so it doesn’t make sense for him to keep a house in the US or you to move there yet without him. I would go to the interview, take all evidence of him at his current job like pics, contract, if he is prior military take pics and proof, proof of him keeping residency in the US, make them understand he has never kept residency outside of the US and this is just a lucky thing for him he got a contract job. If you are not already from the ME then it’s easier to prove you wouldn’t be moving there for any reason to be with him.

 

Long story short, go to the interview, throw all your evidence out, and either pray, light some incense, poke some pins in a doll, whatever gives you good mojo but definitely cross your fingers.

OP is already in the US waiting for AOS Interview.

[Ayrton 965]

31 minutes ago, Mike E said:

And they take six months to be issued.  

But they can leave the country after applying/biometrics (that can be waived). They don't need to wait for approval if they select to get it delivered at the embassy.

Edited December 11, 2020 by Ayrton