How much flexibility is there in the IR1 process if unsure when you want to move

[sdd80 0]

Hello, new to the spousal visa process. Looking for some advice on the best way to approach our situation.

 

We are a family - US citizen dad (me), French wife, 3 yr old US citizen child, living in the UK for many years, married for over 2 years.

 

We would like to move to the US anywhere from about 2-6 years from now, but we don't have a specific timeline at the moment. At the same time, when we do decide to do it (either due to job offer or we simply do it), we want to be able to move quickly, and not wait to start the lengthy IR1 process then. So I want to start the process now, but not be forced to move within a certain time if we are not ready yet. I understand that the IR1 visa normally has a 6-month expiration.  What is the best way to deal with this.  Can we for example, enter the US (after receiving an IR1) to start the green-card process (we would provide my parents USA address), and, if we are not ready to move yet, go back abroad with occasional visits to US to keep the green card until we are ready to move?

 

Neither of us have criminical convictions and my wife has been to the US as a tourist many times without any visa issues.

 

Thanks in advance

[milimelo 4,313]

File I-130 now and then drag your feet starting NVC process. As long as you’re in touch with NVC once in 365 days they’ll keep the approved petition there. 

[Crazy Cat 40,210]

40 minutes ago, sdd80 said:

Hello, new to the spousal visa process. Looking for some advice on the best way to approach our situation.

 

We are a family - US citizen dad (me), French wife, 3 yr old US citizen child, living in the UK for many years, married for over 2 years.

 

We would like to move to the US anywhere from about 2-6 years from now, but we don't have a specific timeline at the moment. At the same time, when we do decide to do it (either due to job offer or we simply do it), we want to be able to move quickly, and not wait to start the lengthy IR1 process then. So I want to start the process now, but not be forced to move within a certain time if we are not ready yet. I understand that the IR1 visa normally has a 6-month expiration.  What is the best way to deal with this.  Can we for example, enter the US (after receiving an IR1) to start the green-card process (we would provide my parents USA address), and, if we are not ready to move yet, go back abroad with occasional visits to US to keep the green card until we are ready to move?

 

Neither of us have criminical convictions and my wife has been to the US as a tourist many times without any visa issues.

 

Thanks in advance

@milimelo has the best answer.  Just be aware that if an I-130 filed stateside, the the option of Direct Consular Processing later will not be available.  Good luck. 

[Dashinka 23,578]

19 minutes ago, Crazy Cat said:

@milimelo has the best answer.  Just be aware that if an I-130 filed stateside, the the option of Direct Consular Processing later will not be available.  Good luck. 

That is the rub, as if the OP did get a job offer for immediate relocation, DCF might be the fastest route if the UK consulate accepts it.  That being said, given the OP’s loose timeline, I would follow the advice from @milimelo. 
 

 

[Ksamwise20 4]

1 hour ago, milimelo said:

File I-130 now and then drag your feet starting NVC process. As long as you’re in touch with NVC once in 365 days they’ll keep the approved petition there. 

I wish I had know this. The attorney I paid for a detailed consultation did not mention this. 

[Crazy Cat 40,210]

1 minute ago, Ksamwise20 said:

The attorney I paid for a detailed consultation did not mention this. 

This is basic stuff....very basic. 

[sdd80 0]

Thank you for the replies, that's very useful.

 

What about the option to enter the country with an IR1, to start the green card proces, and then go back abroad until ready to move? I read that as long as you step foot in the US once/year you won't lose the green card. Isn't this an option?

 

Thanks

[milimelo 4,313]

23 minutes ago, sdd80 said:

Thank you for the replies, that's very useful.

 

What about the option to enter the country with an IR1, to start the green card proces, and then go back abroad until ready to move? I read that as long as you step foot in the US once/year you won't lose the green card. Isn't this an option?

 

Thanks

Not an option. That’s a sure fire way to get the green card taken away. May want to spend some time on uscis.gov - they have guides for various things - one of them is a guide for new immigrants. 

https://www.uscis.gov/sites/default/files/document/brochures/M-617.pdf

 

[Lil bear 3,918]

48 minutes ago, sdd80 said:

Thank you for the replies, that's very useful.

 

What about the option to enter the country with an IR1, to start the green card proces, and then go back abroad until ready to move? I read that as long as you step foot in the US once/year you won't lose the green card. Isn't this an option?

 

Thanks

Risky .. but its fine to do it once .. enter to trigger the LPR status .. get the SSN and drivers licence done, add onto bank accounts etc, as these demonstrate ties to the US.. then return to the UK for a few months in order to wrap up life there .. but I’d only be doing it once 

[Boiler 44,061]

2 hours ago, sdd80 said:

Thank you for the replies, that's very useful.

 

What about the option to enter the country with an IR1, to start the green card proces, and then go back abroad until ready to move? I read that as long as you step foot in the US once/year you won't lose the green card. Isn't this an option?

 

Thanks

IR1 and entry is very near the end of the process and gets you US permanent residence 

[Crazy Cat 40,210]

3 hours ago, sdd80 said:

I read that as long as you step foot in the US once/year you won't lose the green card. Isn't this an option?

That would not end well at some point.  A Green Card is for living in the US....not visiting. 

[Cathi 5,636]

4 hours ago, Crazy Cat said:

That would not end well at some point.  A Green Card is for living in the US....not visiting. 

This.

[seekingthetruth 1,222]

4 hours ago, Crazy Cat said:

That would not end well at some point.  A Green Card is for living in the US....not visiting. 

Yes, and the petitioner has to prove U.S. domicile or intent to re-establish U.S. domicile.  You would have to lie about that part and that also might not end well.

 

I'm in the same boat as the OP and doing what he will need to do.  I-130 approved and now dragging out the NVC process until we know when we will move.

[Redro 4,603]

10 hours ago, sdd80 said:

Hello, new to the spousal visa process. Looking for some advice on the best way to approach our situation.

 

We are a family - US citizen dad (me), French wife, 3 yr old US citizen child, living in the UK for many years, married for over 2 years.

 

We would like to move to the US anywhere from about 2-6 years from now, but we don't have a specific timeline at the moment. At the same time, when we do decide to do it (either due to job offer or we simply do it), we want to be able to move quickly, and not wait to start the lengthy IR1 process then. So I want to start the process now, but not be forced to move within a certain time if we are not ready yet. I understand that the IR1 visa normally has a 6-month expiration.  What is the best way to deal with this.  Can we for example, enter the US (after receiving an IR1) to start the green-card process (we would provide my parents USA address), and, if we are not ready to move yet, go back abroad with occasional visits to US to keep the green card until we are ready to move?

 

Neither of us have criminical convictions and my wife has been to the US as a tourist many times without any visa issues.

 

Thanks in advance

If you want to move 2-6 years right now. I would not file anything until you are certain about your moving date. 

If you know for sure you wanted to move in 2-3 years, file the I-130 for your wife now. 

If you think you want to move closer to 6 years down the line, file the I-130 3-4 years from now. 

 

You can certainly be flexible with the I-130 and arrival to the US but I personally think filing a petition 4-5 years ahead of a potential move is excessive. 

 

You should also be aware NVC stage might not be a quick 2-3 month process. If any of your paperwork is rejected you have to re-submit the documents and wait in line for your paperwork to be reviewed again. Several members have had two separate RFEs leading to an unintentional 8-9 month wait at NVC before becoming documentarily qualified and having their file move to the consulate. 

 

That being said. I would follow @seekingthetruth as they are currently delaying their petitions. If you are on PC you'll be able to follow the timeline in his signature. 

 

 

 

[seekingthetruth 1,222]

12 minutes ago, ROK2USA said:

If you want to move 2-6 years right now. I would not file anything until you are certain about your moving date. 

If you know for sure you wanted to move in 2-3 years, file the I-130 for your wife now. 

If you think you want to move closer to 6 years down the line, file the I-130 3-4 years from now. 

 

You can certainly be flexible with the I-130 and arrival to the US but I personally think filing a petition 4-5 years ahead of a potential move is excessive. 

 

You should also be aware NVC stage might not be a quick 2-3 month process. If any of your paperwork is rejected you have to re-submit the documents and wait in line for your paperwork to be reviewed again. Several members have had two separate RFEs leading to an unintentional 8-9 month wait at NVC before becoming documentarily qualified and having their file move to the consulate. 

 

That being said. I would follow @seekingthetruth as they are currently delaying their petitions. If you are on PC you'll be able to follow the timeline in his signature. 

 

 

 

Agree and one other note.  After the I-130 is approved, you have 1 year to submit the DS-260.  That can't be extended but you can delay submission of other NVC docs.

 

So, for instance, if your i-130 is approved in July 2022, you have until July 2023 to submit the DS-260.  If you are not really moving until 6 years (2028), you will need to keep NVC active for 5 years, which will be a pain.  Better to come up with a more firm timeline before submitting the I-130.

 

We are delaying because our timeline was impacted by many financial considerations with moving costs and housing costs in the U.S.