Living abroad after receiving the visa?

[GoThere 0]

So my wife and I are wrapping up the final stage of the IR-1/CR-1 visa process. In mid-December she has her interview at the embassy and hopefully shortly after her visa will be issued. Just last week received a packet from embassy and it contained a document(Immigrant Visa Instructions) with a paragraph that really alarmed me.

"Except under certain circumstances, a visa cannot be issued if the immigrant intends to reside abroad after obtaining legal permanent resident status. Also, the immigrant's sponsor must show that s/he currently lives, or intends to return to the U.S. permanently at the same time as, or before, the sponsored immigrant."

First of all, I would love to know what "certain circumstances" means. But oh well, let me move along. I searched around on VisaJourney's forums and have seen some posts about re-entry permits. I did some further searching at the USCIS and found it is possible to get a re-entry permit by filing from I-131 with USCIS. However, I have not found anything on whether this has to be filed while in the U.S. or if it can be done from abroad.

Truth be said, we are hoping to stay abroad an extra year because I'd like to finish out my employment contract and save more money before going back to the U.S. We will stay at my parents' home, but I don't know how long it will take me to find work and I want to make sure I have enough to fly out to interviews.

When we started this process last year, we were affected by Adam Walsh Act, and at that time I was unemployed and faced with either going back to the U.S. and waiting for my wife while living alone in the U.S., or staying abroad and finding a new job until my wife could return with me. I chose the latter, and have no regrets about it. I suppose we can go back to the U.S. within 6 months of receiving the visa like the rules say, but I am afraid we won't have enough in savings to cover the costs. I really don't want to borrow from my parents either as they are still trying to put my younger siblings through college and all. I know it is already hard on them.

Our plan was to visit my family in the U.S. for a few weeks and then go back abroad to finish saving up our money and employment contracts. We were thinking to return to the U.S. permanently in January 2009. This paragraph in the document is making me nervous though. Luck is never on my side, so I don't like to risk anything. If we show up at the immigration gate with a round-trip ticket, is this going to cause a problem? Is it going to cause a problem when we try to file the I-131? Another question, when we go through immigration after she receives her visa, are we allowed to go through together at the same time at the counter, or do we have to go separately?

Does anyone have any experience in this type of situation? If so, what did you do? Did you just have to return to the U.S.? Or is there anywhere that lists the "certain circumstances"?

Thank for your help!

[pushbrk 12,569]

So my wife and I are wrapping up the final stage of the IR-1/CR-1 visa process. In mid-December she has her interview at the embassy and hopefully shortly after her visa will be issued. Just last week received a packet from embassy and it contained a document(Immigrant Visa Instructions) with a paragraph that really alarmed me.

"Except under certain circumstances, a visa cannot be issued if the immigrant intends to reside abroad after obtaining legal permanent resident status. Also, the immigrant's sponsor must show that s/he currently lives, or intends to return to the U.S. permanently at the same time as, or before, the sponsored immigrant."

First of all, I would love to know what "certain circumstances" means. But oh well, let me move along. I searched around on VisaJourney's forums and have seen some posts about re-entry permits. I did some further searching at the USCIS and found it is possible to get a re-entry permit by filing from I-131 with USCIS. However, I have not found anything on whether this has to be filed while in the U.S. or if it can be done from abroad.

Truth be said, we are hoping to stay abroad an extra year because I'd like to finish out my employment contract and save more money before going back to the U.S. We will stay at my parents' home, but I don't know how long it will take me to find work and I want to make sure I have enough to fly out to interviews.

When we started this process last year, we were affected by Adam Walsh Act, and at that time I was unemployed and faced with either going back to the U.S. and waiting for my wife while living alone in the U.S., or staying abroad and finding a new job until my wife could return with me. I chose the latter, and have no regrets about it. I suppose we can go back to the U.S. within 6 months of receiving the visa like the rules say, but I am afraid we won't have enough in savings to cover the costs. I really don't want to borrow from my parents either as they are still trying to put my younger siblings through college and all. I know it is already hard on them.

Our plan was to visit my family in the U.S. for a few weeks and then go back abroad to finish saving up our money and employment contracts. We were thinking to return to the U.S. permanently in January 2009. This paragraph in the document is making me nervous though. Luck is never on my side, so I don't like to risk anything. If we show up at the immigration gate with a round-trip ticket, is this going to cause a problem? Is it going to cause a problem when we try to file the I-131? Another question, when we go through immigration after she receives her visa, are we allowed to go through together at the same time at the counter, or do we have to go separately?

Does anyone have any experience in this type of situation? If so, what did you do? Did you just have to return to the U.S.? Or is there anywhere that lists the "certain circumstances"?

Thank for your help!

Once the visa is issued, she'll have six months to enter the US or the visa will die. Once she enters, she'll need to maintain her permanent resident status. You can google "maintaining permanent resident status" for all the information you need on that.

You are on an "immigrant visa" path. "Immigrants" by definition, intend to reside in the new country. Nothing compels them to do so but to keep the rel-entry rights of permanent resident status, the conditions must be met.

I take it the "certain circumstances" would include such things as residing abroad with their spouse while on assignment by the US Government. The spouse of armed forces members or foreign service officers, are examples of those that would not have their residence abroad held against them.

You must show that you have domicile in the US for her to obtain the visa. A bank account, parents' address and a drivers license will usually be sufficient.

[Dakine 26]

As pushbrk said. She has 6 months after visa issuance to get to the US.

Visa has to be activated at a US POE within that time.

After that you have the option of returning to Japan up to one year with a reentry permit!

Just a thought!

Maybe she can just fly to Guam or Hawaii and return to Japan!

I imagine you could get her GC send from the US when it comes in the mail.

Still have to apply for rentry tho after she activates the GC.

NO idea if I'm in the "ballpark" or even close!

Hit me pushbrk!

[djturbo 0]

We are in the same boat you know because my wife started nursing course but now has to stop because of the here visa. What we were thinking of doing is have her travel back to Philippines and continue her studies again but as I can see I don't think its going to work because of this "certain circumstances" clause. Anyone else have anything to add and give us more ideas??

So my wife and I are wrapping up the final stage of the IR-1/CR-1 visa process. In mid-December she has her interview at the embassy and hopefully shortly after her visa will be issued. Just last week received a packet from embassy and it contained a document(Immigrant Visa Instructions) with a paragraph that really alarmed me.

"Except under certain circumstances, a visa cannot be issued if the immigrant intends to reside abroad after obtaining legal permanent resident status. Also, the immigrant's sponsor must show that s/he currently lives, or intends to return to the U.S. permanently at the same time as, or before, the sponsored immigrant."

First of all, I would love to know what "certain circumstances" means. But oh well, let me move along. I searched around on VisaJourney's forums and have seen some posts about re-entry permits. I did some further searching at the USCIS and found it is possible to get a re-entry permit by filing from I-131 with USCIS. However, I have not found anything on whether this has to be filed while in the U.S. or if it can be done from abroad.

Truth be said, we are hoping to stay abroad an extra year because I'd like to finish out my employment contract and save more money before going back to the U.S. We will stay at my parents' home, but I don't know how long it will take me to find work and I want to make sure I have enough to fly out to interviews.

When we started this process last year, we were affected by Adam Walsh Act, and at that time I was unemployed and faced with either going back to the U.S. and waiting for my wife while living alone in the U.S., or staying abroad and finding a new job until my wife could return with me. I chose the latter, and have no regrets about it. I suppose we can go back to the U.S. within 6 months of receiving the visa like the rules say, but I am afraid we won't have enough in savings to cover the costs. I really don't want to borrow from my parents either as they are still trying to put my younger siblings through college and all. I know it is already hard on them.

Our plan was to visit my family in the U.S. for a few weeks and then go back abroad to finish saving up our money and employment contracts. We were thinking to return to the U.S. permanently in January 2009. This paragraph in the document is making me nervous though. Luck is never on my side, so I don't like to risk anything. If we show up at the immigration gate with a round-trip ticket, is this going to cause a problem? Is it going to cause a problem when we try to file the I-131? Another question, when we go through immigration after she receives her visa, are we allowed to go through together at the same time at the counter, or do we have to go separately?

Does anyone have any experience in this type of situation? If so, what did you do? Did you just have to return to the U.S.? Or is there anywhere that lists the "certain circumstances"?

Thank for your help!

[pushbrk 12,569]

As pushbrk said. She has 6 months after visa issuance to get to the US.

Visa has to be activated at a US POE within that time.

After that you have the option of returning to Japan up to one year with a reentry permit!

Just a thought!

Maybe she can just fly to Guam or Hawaii and return to Japan!

I imagine you could get her GC send from the US when it comes in the mail.

Still have to apply for rentry tho after she activates the GC.

NO idea if I'm in the "ballpark" or even close!

Hit me pushbrk!

Re-entry permits are required for stays abroad in excess of a year but one must be careful about quickie trips back to the States because there's no gaurantee they won't consider residence abandoned. One needs to make a good faith showing of US residence.

[djturbo 0]

You might be right "pushbrk", thank you!

As pushbrk said. She has 6 months after visa issuance to get to the US.

Visa has to be activated at a US POE within that time.

After that you have the option of returning to Japan up to one year with a reentry permit!

Just a thought!

Maybe she can just fly to Guam or Hawaii and return to Japan!

I imagine you could get her GC send from the US when it comes in the mail.

Still have to apply for rentry tho after she activates the GC.

NO idea if I'm in the "ballpark" or even close!

Hit me pushbrk!

Re-entry permits are required for stays abroad in excess of a year but one must be careful about quickie trips back to the States because there's no gaurantee they won't consider residence abandoned. One needs to make a good faith showing of US residence.

[GoThere 0]

Once the visa is issued, she'll have six months to enter the US or the visa will die. Once she enters, she'll need to maintain her permanent resident status. You can google "maintaining permanent resident status" for all the information you need on that.

You are on an "immigrant visa" path. "Immigrants" by definition, intend to reside in the new country. Nothing compels them to do so but to keep the rel-entry rights of permanent resident status, the conditions must be met.

I take it the "certain circumstances" would include such things as residing abroad with their spouse while on assignment by the US Government. The spouse of armed forces members or foreign service officers, are examples of those that would not have their residence abroad held against them.

You must show that you have domicile in the US for her to obtain the visa. A bank account, parents' address and a drivers license will usually be sufficient.

I was thinking that "certain circumstances" was for government employees only. I work for an employer in Japan so no luck there, eh?

We're definitely going back at least one time, probably shortly after we get the visa. I hope to stay for 10 days, but it looks like that might not be enough time to get the biometrics recorded which is required for that re-entry permit. It appears they don't handle biometrics or the applications at my regional office back in the USA. So I will have to keep looking for more info.

As for domicile, yeah, we had some trouble with that with the NVC but they cleared us. I was told that we might be asked about this again during the Embassy interview. So we have my bank records, my driver's license, and a notarized letter from my parents explaining that they are allowing us to live with them and what not.

I will google "maintaining permanent resident status" and see what I can come up with. Thanks!

[pushbrk 12,569]

Once the visa is issued, she'll have six months to enter the US or the visa will die. Once she enters, she'll need to maintain her permanent resident status. You can google "maintaining permanent resident status" for all the information you need on that.

You are on an "immigrant visa" path. "Immigrants" by definition, intend to reside in the new country. Nothing compels them to do so but to keep the rel-entry rights of permanent resident status, the conditions must be met.

I take it the "certain circumstances" would include such things as residing abroad with their spouse while on assignment by the US Government. The spouse of armed forces members or foreign service officers, are examples of those that would not have their residence abroad held against them.

You must show that you have domicile in the US for her to obtain the visa. A bank account, parents' address and a drivers license will usually be sufficient.

I was thinking that "certain circumstances" was for government employees only. I work for an employer in Japan so no luck there, eh?

We're definitely going back at least one time, probably shortly after we get the visa. I hope to stay for 10 days, but it looks like that might not be enough time to get the biometrics recorded which is required for that re-entry permit. It appears they don't handle biometrics or the applications at my regional office back in the USA. So I will have to keep looking for more info.

As for domicile, yeah, we had some trouble with that with the NVC but they cleared us. I was told that we might be asked about this again during the Embassy interview. So we have my bank records, my driver's license, and a notarized letter from my parents explaining that they are allowing us to live with them and what not.

I will google "maintaining permanent resident status" and see what I can come up with. Thanks!

Ok, I'll try gently a second time. You would be wise to start thinking in terms of adjusting your "plans" to fit the requirements of US Immigration laws because plans change more readily than laws do. Laws first, plans later.