How soon and for how long can the permanent resident leave the US without losing status?

[Zhenechka 0]

My sister finally got her turn to apply for a permanent resident visa (from Russia). The problem is, she is not wild about the idea of leaving her husband behind for two years while he gets his visa. The question is, how soon after arriving to the US could she leave back for Russia and how long could she stay out of the US and still be allowed to readmitted? She fully intends to move but wants to spend as much time with her husband in Russia while she's waiting.

Would appreciate any resources. I'm not too sure what other factors are in play here.

Thanks so much for your help!

[aleful 1,905]

hi

I don't understand, who is filing for her and why wouldn't her husband come with her? or a USC parent filed for a married child or you filed for her as your married sibling, so why wouldn't her husband come with her as her derivative?

[Zhenechka 0]

She was unmarried when our father filed for her (many years ago). She just got married.

hi

I don't understand, who is filing for her and why wouldn't her husband come with her? or a USC parent filed for a married child or you filed for her as your married sibling, so why wouldn't her husband come with her as her derivative?

[Boiler 43,397]

After she got her visa?

[aleful 1,905]

She was unmarried when our father filed for her (many years ago). She just got married.

hi

then she just changed category, I suppose your dad is a USC, right?

she cannot go through consular processing anymore as an F1 category, as an unmarried child of a USC, they have to update her category to change her category as an F3 and wait until her priority date becomes current under the F3 category

then they will come together as her husband is her derivative

[aaron2020 11,651]

Is your father a U.S. citizen?

[Zhenechka 0]

Thank you, everyone for your responses. My father is a US Citizen. So then the question is, does she go back to the end of the line? It says the current priority date is March 2004. Or would she get credit for her F1 queue time?

hi

then she just changed category, I suppose your dad is a USC, right?

she cannot go through consular processing anymore as an F1 category, as an unmarried child of a USC, they have to update her category to change her category as an F3 and wait until her priority date becomes current under the F3 category

then they will come together as her husband is her derivative

[Boiler 43,397]

She moves categories. Same petition.

[aleful 1,905]

hi

all those years count, she just will have to wait maybe 3 years more, check the VB for category F3

the category only changed, and they will come together

[aaron2020 11,651]

Hi,

Upon marriage, she automatically moves from the F1 to the F3 category. The NVC is unaware that she is married and treats her case as if she is single.

She can not get a visa in the F1 category as a married woman. She needs to notify the NVC that she is married and add her husband to her case. It should take 5-6 years longer for both of them to get visas.

Best of luck.

[Zhenechka 0]

Thank you everyone!