Getting GC as insurance question

[mari04 100]

My MIL lives in Ukraine and is a successful lawyer. My wife is us citizen (from April this year). Ukraine is at war, as you know, and situation may change to the worse any day. MIL doesn’t even want to talk about moving anywhere. She has 10 year US visa and came here for 2 months after the start of the war. She left after 2 months instead of allowed 6 months (stamp) because she was missing home and her practice. 
I am still thinking of convincing my wife to file for GC as an insurance. Can someone who went through this share what are the technical minimal requirements for opening and maintaining GC for as long as possible:

1. Day 0 - entry at POE

2. Stay in us -how many weeks minimum? 
3. Go back home - technically, what is the REAL time she can stay in Ukraine without coming for the maintenance visit? 
I would truly appreciate if someone can explain, essentially, timeline-wise, if it is possible at all to have GC while visiting US? 
of course, under the normal circumstances we would just file when and if she is ready to move. However, she may be forced to move fast. This is the only issue. 
thank you. 

[Boiler 45,468]

She can go back on the next plane but there is no such thing as a maintenance visit.

 

Is she Ukrainian, does she qualify for U4U.

 

IR5 is going to take say 18 months.

[SalishSea 17,819]

1 hour ago, mari04 said:

My MIL lives in Ukraine and is a successful lawyer. My wife is us citizen (from April this year). Ukraine is at war, as you know, and situation may change to the worse any day. MIL doesn’t even want to talk about moving anywhere. She has 10 year US visa and came here for 2 months after the start of the war. She left after 2 months instead of allowed 6 months (stamp) because she was missing home and her practice. 
I am still thinking of convincing my wife to file for GC as an insurance. Can someone who went through this share what are the technical minimal requirements for opening and maintaining GC for as long as possible:

1. Day 0 - entry at POE

2. Stay in us -how many weeks minimum? 
3. Go back home - technically, what is the REAL time she can stay in Ukraine without coming for the maintenance visit? 
I would truly appreciate if someone can explain, essentially, timeline-wise, if it is possible at all to have GC while visiting US? 
of course, under the normal circumstances we would just file when and if she is ready to move. However, she may be forced to move fast. This is the only issue. 
thank you. 

Weeks?   GC is for living in the US permanently.   If she uses it as an expensive tourist visa, she risks losing it.

 

 

[mari04 100]

6 hours ago, Boiler said:

She can go back on the next plane but there is no such thing as a maintenance visit.

 

Is she Ukrainian, does she qualify for U4U.

 

IR5 is going to take say 18 months.

She does. Thank you. She has 10 year visa. The problem is that she doesn’t want to come. I just wanted to do it as an insurance for the future, when u4u is gone and all she has is 10 year visa. 

[Boiler 45,468]

26 minutes ago, mari04 said:

She does. Thank you. She has 10 year visa. The problem is that she doesn’t want to come. I just wanted to do it as an insurance for the future, when u4u is gone and all she has is 10 year visa. 

 

You can petition her and see in 18 months what the situation is and if she wants to move.

[appleblossom 2,482]

On 11/22/2023 at 3:46 PM, mari04 said:

[noncontributory; removed by VJ Moderation]

@salishsea’s response made perfect sense to me. S/he’s saying that if your MIL is only planning on spending weeks in the US after entering on her IV before leaving again (as you suggested in Q 2) then she would risk losing her LPR status. 
 

Edited November 24, 2023 by TBoneTX

[Cathi 5,747]

22 hours ago, mari04 said:

 

2. Stay in us -how many weeks minimum? 
3. Go back home - technically, what is the REAL time she can stay in Ukraine without coming for the maintenance visit? 
 

A green card is for living in the U.S only, not visiting and staying for "weeks".

No such thing as a "maintenance" visit. She either visits with her visitor visa OR she gets a green card and LIVES and STAYS in the U.S. There is no in-between. Period. End of story.

[Dashinka 24,489]

I agree with @Boiler,  if not too much of a financial burden, file the I130, and in 18-24 months look at the situation.  If she has no desire to relocate permanently to the US, let the I130 lapse, and let her keep her B2 for visiting.  If she wishes to relocate, then continue with the IR5.  We did this for my adult stepson as we have no idea what the situation will be in 15+ years.

 

Good Luck!

[OldUser 6,635]

On 11/22/2023 at 6:37 AM, mari04 said:

MIL doesn’t even want to talk about moving anywhere. She has 10 year US visa and came here for 2 months after the start of the war. She left after 2 months instead of allowed 6 months (stamp) because she was missing home and her practice. 
I am still thinking of convincing my wife to file for GC as an insurance.

You cannot force somebody to move to the US permanently against their will.

It's very kind of you thinking about her safety, but I think this is all waste of time and money. Plus whenever she renews visa, she'd have to flag an immigrant petition was filed. This could lower chances of tourist visa approval.

 

And if she somehow gets GC, she cannot have "maintenance visits". It's for living in the US. If she spent 9 months in the US and 3 in Ukraine in a typical year, that's one thing. If she spends 11 months in Ukraine and comes for a month to the US to leave again - that's inconsistent with LPR status.

 

Again, think worldwide taxes.

Edited November 23, 2023 by OldUser

[Crazy Cat 41,837]

****One Non-Contributory comment removed***

-VJ Moderation

Edited November 23, 2023 by Crazy Cat

[mari04 100]

Thank you very much for the help. I will follow Dashinka, Boiler, and Redro advice. 

[mari04 100]

On 11/23/2023 at 9:31 AM, OldUser said:

You cannot force somebody to move to the US permanently against their will.

It's very kind of you thinking about her safety, but I think this is all waste of time and money. 

Last question on the point above: when will we realistically need her signatures on the IR 5 process? Petition? NVC? At the embassy? I will file petition and will take it as slow as possible.

[Crazy Cat 41,837]

7 minutes ago, mari04 said:

Last question on the point above: when will we realistically need her signatures on the IR 5 process? Petition? NVC? At the embassy? I will file petition and will take it as slow as possible.

NVC.  Once a case is there, it can be delayed indefinitely.  

[mari04 100]

38 minutes ago, Crazy Cat said:

NVC.  Once a case is there, it can be delayed indefinitely.  

This is perfect. Thank you so much for your help. This is exactly what works for us!