Entering US on a IR-1 Visa and traveling prior to receiving Green Card and Sponsor working abroad.

[DJJ187 0]

Not sure if I have a unique situation but do to the long processing time for a IR-1 visa, I decided to take a job abroad to be closer to my spouse while waiting on her visa. My question is two part, I understand that to trigger the issuance of the Green Card my spouse must enter the US. I have read multiple responses on times to receive and it is anywhere from 2 weeks to months. First question, does my spouse have to remain in the US after initial entry until the Green Card is received or can she enter and then leave and have her Green Card forwarded to our overseas residence? Second question, this is our second time receiving her visa and Green Card, the previous GC was expired as we were out of the US during Covid and didn't get back within the 12 month period. I did learn that there is a form or forms to submit to provide for working abroad so the 12 month continuous absence from US won't affect the status of the GC, does anyone know what the Form is or was I dreaming this? TIA DJJ187

[Crazy Cat 41,665]

1 hour ago, DJJ187 said:

First question, does my spouse have to remain in the US after initial entry until the Green Card is received or can she enter and then leave and have her Green Card forwarded to our overseas residence?

Aren't you planning to move back to the US?  Without evidence of intent to relocate, the CO is not likely to issue the visa

Edited July 14 by Crazy Cat

[NikLR 13,227]

2 hours ago, DJJ187 said:

Not sure if I have a unique situation but do to the long processing time for a IR-1 visa, I decided to take a job abroad to be closer to my spouse while waiting on her visa. My question is two part, I understand that to trigger the issuance of the Green Card my spouse must enter the US. I have read multiple responses on times to receive and it is anywhere from 2 weeks to months. First question, does my spouse have to remain in the US after initial entry until the Green Card is received or can she enter and then leave and have her Green Card forwarded to our overseas residence? Second question, this is our second time receiving her visa and Green Card, the previous GC was expired as we were out of the US during Covid and didn't get back within the 12 month period. I did learn that there is a form or forms to submit to provide for working abroad so the 12 month continuous absence from US won't affect the status of the GC, does anyone know what the Form is or was I dreaming this? TIA DJJ187

For one, she can just turn around and leave.  The visa in her passport becomes a green card as soon as she enters.  But the green card will not be mailed overseas.  It will be sent to your home address in the USA. 

However, as mentioned, without a US income and permanent residence by the spouse, her sponsor, aka you, her visa may be denied.  Establishing that you have domicile in the USA is important. Ask any Canadian and the number of issues that a US spouse not living in the USA can cause at interview.   The point of the visa and green card is to reside in the USA.  I would plan for moving back before the interview.  She has time after the visa is issued to enter and use that time to close up whatever she is doing at home before entering.  

I do not know the answer to the second question, I'm sorry. 

[Dashinka 24,434]

Also, when she has her visa and enters the U.S. you will have to enter ahead of her, or at the same time.

 

Good Luck!

[Crazy Cat 41,665]

2 hours ago, DJJ187 said:

I did learn that there is a form or forms to submit to provide for working abroad so the 12 month continuous absence from US won't affect the status of the GC, does anyone know what the Form is or was I dreaming this?

I-131 Re-entry Permit? 

[SansTortoise 20]

Did she sign any form to abandon her green card or did the green card physically expire (I.e. it’s past the date printed on the physical card)? Or are you just assuming it’s invalid because of the 12 month rule?

 

Asking because CBP has been known to use discretion around the 12 month rule even without a re-entry permit, but a lot depends on the exact circumstances. If it’s not expired and she didn’t sign it away/an immigration judge didn’t revoke it, it might be worth talking to a lawyer to see what they think the best option is.

[Lemonslice 4,800]

4 hours ago, Dashinka said:

Also, when she has her visa and enters the U.S. you will have to enter ahead of her, or at the same time.

 

Good Luck!

This is very important. 

[pushbrk 12,824]

The bottom line is that unless you can convince the National Visa Center you, the petitioner, are planning to relocated to the USA, there's never even going to be an interview scheduled.

 

She does not need to wait for the green card to travel internationally, but she must intend and actually BE a permanent resident of the USA.  Why not delay the process until YOU are ready to live in the USA again?

[DJJ187 0]

Thank you for all the replies. At this time my spouse has an interview with the Embassy of her country. We are seeking the IR-1 after first considering a tourist visa, I would like my wife to be able to travel to the US when I am visiting family. We were advised by two attorneys and another American who had attempted the tourist visa for his wife, that we would certainly be denied the tourist visa. The American did get a tourist visa for is wife after 5 attempts. He was advised by the Embassy during an interview to do exactly what I am doing. 

 

As to the question about her previous Green Card, following the advise of our attorney, we filed for abandonment. 

 

As far as residing in the US, at this time I am not certain I plan to live full time in the US, but I would be making visits and would appreciate that my wife could join me. Being a US Citizen certainly creates many challenges both in my home country as well as abroad. 

[Crazy Cat 41,665]

9 minutes ago, DJJ187 said:

As far as residing in the US, at this time I am not certain I plan to live full time in the US

She does not qualify for a Green Card.  It is not a glorified tourist visa.  Who advised you to do this? The CO will, likely, deny the application. 

Edited July 14 by Crazy Cat

[nastra30 2,281]

5 minutes ago, DJJ187 said:

Thank you for all the replies. At this time my spouse has an interview with the Embassy of her country. We are seeking the IR-1 after first considering a tourist visa, I would like my wife to be able to travel to the US when I am visiting family. We were advised by two attorneys and another American who had attempted the tourist visa for his wife, that we would certainly be denied the tourist visa. The American did get a tourist visa for is wife after 5 attempts. He was advised by the Embassy during an interview to do exactly what I am doing. 

 

As to the question about her previous Green Card, following the advise of our attorney, we filed for abandonment. 

 

As far as residing in the US, at this time I am not certain I plan to live full time in the US, but I would be making visits and would appreciate that my wife could join me. Being a US Citizen certainly creates many challenges both in my home country as well as abroad. 

Wait, your wife wants to use the GC as a tourist visa? You guys are not intending on living in the US? The purpose of GC is for having a life inside the US.

Edited July 14 by nastra30

[Crazy Cat 41,665]

10 minutes ago, DJJ187 said:

He was advised by the Embassy during an interview to do exactly what I am doing.

That sounds like wasted money....and fraud.

Edited July 14 by Crazy Cat

[Dashinka 24,434]

25 minutes ago, DJJ187 said:

Thank you for all the replies. At this time my spouse has an interview with the Embassy of her country. We are seeking the IR-1 after first considering a tourist visa, I would like my wife to be able to travel to the US when I am visiting family. We were advised by two attorneys and another American who had attempted the tourist visa for his wife, that we would certainly be denied the tourist visa. The American did get a tourist visa for is wife after 5 attempts. He was advised by the Embassy during an interview to do exactly what I am doing. 

 

As to the question about her previous Green Card, following the advise of our attorney, we filed for abandonment. 

 

As far as residing in the US, at this time I am not certain I plan to live full time in the US, but I would be making visits and would appreciate that my wife could join me. Being a US Citizen certainly creates many challenges both in my home country as well as abroad. 

So what answer will she give the CO if or when they ask about residing in the U.S.?  It seems you are still in a state of flux in deciding where you plan to live long-term.  Honestly, I think it would have been a better option to try for the B2 considering the previous GC was officially abandoned, and your current situation is living and working abroad.

 

Regardless, it is what it is.  Let us know how it goes.

[DJJ187 0]

Fraud is a stong word, I believe I was given advise based on each person's experience whether as an attorney or just your average US Citizen trying to travel back to US with his wife. I think what can be agreed upon is that the US Immigration Policies need some serious reveiw and there is never any certainty of how a case will end.

 

As for a B2, not familiar but will look into this. At this point, based on the feedback, not likely my wife's visa will be approved and now wondering if it is worth even completing the process, will have to ponder this for a while.

 

Thank you for the feedback, much appreciated. Wish I knew about this site prior to begining the process back in 2022. 

[Crazy Cat 41,665]

19 minutes ago, DJJ187 said:

Fraud is a stong word,

What would you call misrepresenting the intent of a visa?  She should have applied for a B2.  That is the proper visa.

Edited July 14 by Crazy Cat