IR1 visa in hands, USC wants to temporarily leave the US for one month after arriving. Is that OK?

[DrJayRough 2]

Dear All,

 

My wife (USC) and I (beneficiary) are currently trying to figure out the best way to deal with our jobs, while not jeopardizing the immigration process. We checked a ton of posts, but nothing really related to our situation. Our background:

 

Applied for IR-1 visa in Feb 2021.

Received the visa in Oct 2022.

 

During the process we both are residing in Spain (we used a joint sponsor). Now our situation is that I accepted a job offer at the University in IN, which starts on Jan 1st 2023. Since it also includes teaching, I need to be there on time. My wife currently works in Spain and is finishing her projects with her employer, but that employer asked her to stay for another 1-1.5 months to complete the projects (we both can legally live and work in Spain till Mar 31st 2023). She really likes her current job and she has some problems finding jobs in the US in the area where we intend to move eventually. Please, let me know if this plan is good to proceed with:

 

We got our airplane tickets for early December, we arrive in CA (her home state). A week later we move to IN to settle in our new home. She and I think that she needs to properly re-establish her domicile in the United States (as per the I-864 requirements). For that purpose she co-signs our new lease, gets an IN state ID or DL, signs up for utility bills together with me, signs up for voting in IN etc. Then in the early Jan she goes back to Spain for 1-1.5 months to finish her job and after that she moves back to the US while (hopefully) having a job offer near me.

 

Does this plan sound fine or should we look into a more appropriate way to arrive to the US? She and I are married for over 4 years now, so I think that the ROC process doesn´t apply to us.

 

Thank you for your answers.

Best regards.

-Peter

[Timona 4,207]

Sounds good 

[DrJayRough 2]

2 minutes ago, Timona said:

Sounds good 

Thanks, Timona

[marriedtomrg 141]

Short visits are good. When you have a green card, you cannot be outside the US for more than a year, otherwise that would be seen as abandoning your status as a LPR. She should be fine. I assume you both have submitted Change of Address forms to USCIS?

[Lil bear 4,214]

4 hours ago, DrJayRough said:

Dear All,

 

My wife (USC) and I (beneficiary) are currently trying to figure out the best way to deal with our jobs, while not jeopardizing the immigration process. We checked a ton of posts, but nothing really related to our situation. Our background:

 

Applied for IR-1 visa in Feb 2021.

Received the visa in Oct 2022.

 

During the process we both are residing in Spain (we used a joint sponsor). Now our situation is that I accepted a job offer at the University in IN, which starts on Jan 1st 2023. Since it also includes teaching, I need to be there on time. My wife currently works in Spain and is finishing her projects with her employer, but that employer asked her to stay for another 1-1.5 months to complete the projects (we both can legally live and work in Spain till Mar 31st 2023). She really likes her current job and she has some problems finding jobs in the US in the area where we intend to move eventually. Please, let me know if this plan is good to proceed with:

 

We got our airplane tickets for early December, we arrive in CA (her home state). A week later we move to IN to settle in our new home. She and I think that she needs to properly re-establish her domicile in the United States (as per the I-864 requirements). For that purpose she co-signs our new lease, gets an IN state ID or DL, signs up for utility bills together with me, signs up for voting in IN etc. Then in the early Jan she goes back to Spain for 1-1.5 months to finish her job and after that she moves back to the US while (hopefully) having a job offer near me.

 

Does this plan sound fine or should we look into a more appropriate way to arrive to the US? She and I are married for over 4 years now, so I think that the ROC process doesn´t apply to us.

 

Thank you for your answers.

Best regards.

-Peter

I did exactly the same thing. Very common to have to go back to finish up and tie off loose ends. As a USC she can come and go without time limitation 

Edited November 2, 2022 by Lil bear

[Lil bear 4,214]

4 minutes ago, marriedtomrg said:

Short visits are good. When you have a green card, you cannot be outside the US for more than a year, otherwise that would be seen as abandoning your status as a LPR. She should be fine. I assume you both have submitted Change of Address forms to USCIS?

She is the USC.. he is the LPR. No issue at all 

[DrJayRough 2]

14 minutes ago, marriedtomrg said:

Short visits are good. When you have a green card, you cannot be outside the US for more than a year, otherwise that would be seen as abandoning your status as a LPR. She should be fine. I assume you both have submitted Change of Address forms to USCIS?

Thanks for your reply, we did not yet notify USCIS about the change of address. We will do so, once we finalize our lease contract

 

13 minutes ago, Lil bear said:

I did exactly the same thing. Very common to have to go back to finish up and tie off loose ends. As a USC she can come and go without time limitation

 

11 minutes ago, Lil bear said:

She is the USC.. he is the LPR. No issue at all 

Thanks for clarifying and confirming, Lil bear. By the way, how does that affect the plastic green card issuance? 

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to Moving to the US & Your New Life In America forum -- topic is about processes after US entry ***

 

[Lil bear 4,214]

On 11/2/2022 at 10:16 AM, DrJayRough said:

Thanks for your reply, we did not yet notify USCIS about the change of address. We will do so, once we finalize our lease contract

 

 

Thanks for clarifying and confirming, Lil bear. By the way, how does that affect the plastic green card issuance? 

USC spouse’s travel history has no bearing on the issuance of the GC