IR1 visa holder travel to the US while spouse is abroad

[OldUser 7,434]

5 hours ago, Ali91 said:

Yes it is harsh without knowing the background, but I want to mention that my spouse is living with me in Shanghai, and we are working in the same company so the point of choosing partner or job here isn't right. And we both renewed our contract at the same time and can't risk loosing jobs at the same time. That's why I asked suggestion regarding re-entry permit.

But why apply for immigrant visa when you're not ready to move and leave everything behind including job?

 

Can't both of you take some time off to enter the US and receive GC?

 

Good luck!

Edited yesterday at 03:26 PM by OldUser

[pushbrk 13,098]

11 hours ago, Ali91 said:

Thank you for all these helpful information, I really appreciate it. However, I want to mention that we are currently doing job here in Shanghai (since 7 years) with the same employer and renewed the contract at the same time. We are also intending to stay here until our current contract expires or maybe a little longer because we have a good monthly income that we may not have in the US in 5 months. That's why I was asking for a re-entry permit to stay here for a while and do some savings and then move to the US to find a normal job and apply for naturalization. 

US Immigration officials will not care about why you want what you want.  You can't have it.  Best to abandon your visa and start over when you are ready to immigrate.  The purpose of these visas is to unite the family in the USA.  Since that is not your current intention, you have proceeded too early.  Had you asked about this a year ago, we could have advised you on how to delay the process until  you are ready. Now it's too late for that.

 

[Ali91 5]

10 hours ago, OldUser said:

But why apply for immigrant visa when you're not ready to move and leave everything behind including job?

 

Can't both of you take some time off to enter the US and receive GC?

 

Good luck!

Applied for a visa 2 years ago and we had a plan to move but it took very long time and everyone situation changes, so did ours. We had a baby after that and it changed our plans completely for a while. I wish I could write our whole life story but that's not possible. But thank you 

[Ali91 5]

4 hours ago, pushbrk said:

US Immigration officials will not care about why you want what you want.  You can't have it.  Best to abandon your visa and start over when you are ready to immigrate.  The purpose of these visas is to unite the family in the USA.  Since that is not your current intention, you have proceeded too early.  Had you asked about this a year ago, we could have advised you on how to delay the process until  you are ready. Now it's too late for that.

 

Thank you! Yes you are right, it's too late but wouldn't you suggest applying for re-entry permit at least twice and hopefully by that time we will make it to move to the US if that doesn't affect the naturalization in the future.

[Lil bear 4,313]

7 minutes ago, Ali91 said:

Thank you! Yes you are right, it's too late but wouldn't you suggest applying for re-entry permit at least twice and hopefully by that time we will make it to move to the US if that doesn't affect the naturalization in the future.

You risk being seen as never having resided in the US if you enter and immediately apply for a Reentry Permit then leave.  We have seen one case recently where reentry on the permit was denied for this reason. So you have two choices.. don’t even enter with the visa.. let it expire and  reapply when you are ready to move..  or enter together, do as much as possible  to strengthen your perceived ties to the US.. bank, drivers licence etc.. apply for the reentry permit and see what happens when you try to renter. 

[pushbrk 13,098]

2 hours ago, Ali91 said:

Thank you! Yes you are right, it's too late but wouldn't you suggest applying for re-entry permit at least twice and hopefully by that time we will make it to move to the US if that doesn't affect the naturalization in the future.

No, I would not suggest that.  First, you cannot enter without your spouse preceding you or traveling with you.  But, as long as you meet the together part, it's only money.  It will work or it won't.