Approved IR-1 - Delayed Move

[ampabst 2]

Hi All -

My husband was approved for his green card last month and we have been preparing for him to come here. He is still working because he was trying to save some extra money. He is a financial auditor and during one of his audits he found the company was committing fraud. He now is stuck there until it can be investigated and resolved. If he leaves he might somehow be implicated and it could tarnish his name.

Question: We know he has 6 months to come here before his papers expire. Would it be smarter for him to come now and then return for the investigation?

I want to make sure that we are doing this right because when he returns to Mexico for the investigation we don't know how long it will take and I want him to be able to permanently move here once it is resolved.

Advice?

[lilsweetie 30]

We had a similar situation. I got my green card but didn't officially move for 11 months because I was stuck in Canada going through one hell of a custody battle to get permission to move with my child.

For me, I got my green card Sept 2012, then I entered (POE) on my CR1 visa the same day I received it so I could start the clock ticking on everything since it all goes back to that POE date for ROC and Citizenship down the road. However, in your situation I would delay entry as long as you can - maybe have him only enter at 5 months, 3 weeks?

However, I only actually moved in August 2013 (the court case dragged on and on and I couldn't take my son with me til it was over).

Tehnically, you can lose your PR status if you are not living in the US, so that is why I recommend not entering using the IR1 visa until close to 6 months, so that you can buy yourself more time. Then once he finally enters as a permanent resident, maybe he can try to make as many trips into the US as possible (try to spend as much time as he can in the US) in the meantime while he is getting things sorted out in Mexico.

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You've probably seen this but just in case... https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

"Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns."

[ampabst 2]

We had a similar situation. I got my green card but didn't officially move for 11 months because I was stuck in Canada going through one hell of a custody battle to get permission to move with my child.

For me, I got my green card Sept 2012, then I entered (POE) on my CR1 visa the same day I received it so I could start the clock ticking on everything since it all goes back to that POE date for ROC and Citizenship down the road. However, in your situation I would delay entry as long as you can - maybe have him only enter at 5 months, 3 weeks?

However, I only actually moved in August 2013 (the court case dragged on and on and I couldn't take my son with me til it was over).

Tehnically, you can lose your PR status if you are not living in the US, so that is why I recommend not entering using the IR1 visa until close to 6 months, so that you can buy yourself more time. Then once he finally enters as a permanent resident, maybe he can try to make as many trips into the US as possible (try to spend as much time as he can in the US) in the meantime while he is getting things sorted out in Mexico.

-------

You've probably seen this but just in case... https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

"Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns."

Thanks for the advice. Glad everything worked out for you.

I just want to make sure we weigh our options and our doing this the correct way. Neither one of us want to jeopardize his move here no matter how delayed it may be.

Maybe I will go visit him instead. Our 1 year anniversary is coming up and I really don't want to spend it apart

[Dal&Rose 45]

Also recommend him keeping some sort of documentation that it is best he is available for the investigation. If it comes up in the ROC. Better to keep stuff than not. Prepare for worst... It's just paper anyway. And you know you got it covered for later.

Good luck!

[ampabst 2]

Also recommend him keeping some sort of documentation that it is best he is available for the investigation. If it comes up in the ROC. Better to keep stuff than not. Prepare for worst... It's just paper anyway. And you know you got it covered for later.

Good luck!

Thanks so much! That is a really good idea, definitely better to be safe than sorry!