I am a US citizen and my husband is from Peru and we were planning to move to the US. We currently live in a third country and filed the I-130 there. It was approved and we received packet 3. We recently found out we may not be moving back to the US but will be moving to another country due to my husband's job. At this point we are not sure when in the future we will move to the US.
I'm not sure what is the correct thing to do with the visa process at this point. Do we formally (in writng or in person) stop the process then reapply when we know we will be moving to the US? I called the immigration office in the US and they said to not do anything and when we are ready in the future to submit packet 3 (even if this would be years from now) to the embassy where we are living. When we move countries to just do an address change at the embassy. The embassy where we submitted the I-130 told us to just continue the process and go to the US to activate the visa then visit every 6 months. (My understanding is this is not the right thing to do since the visa is for permenant residence and we will not be living in the US). Since I have received different answers from immigration/embassy I was wondering if anyone else has been in this situation or can recommend what to do?
Thank you.
Full Version: Began process but now not moving to USA
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion
QUOTE(Amy14 @ Sep 14 2007, 11:33 AM) 
I am a US citizen and my husband is from Peru and we were planning to move to the US. We currently live in a third country and filed the I-130 there. It was approved and we received packet 3. We recently found out we may not be moving back to the US but will be moving to another country due to my husband's job. At this point we are not sure when in the future we will move to the US.
I'm not sure what is the correct thing to do with the visa process at this point. Do we formally (in writng or in person) stop the process then reapply when we know we will be moving to the US? I called the immigration office in the US and they said to not do anything and when we are ready in the future to submit packet 3 (even if this would be years from now) to the embassy where we are living. When we move countries to just do an address change at the embassy. The embassy where we submitted the I-130 told us to just continue the process and go to the US to activate the visa then visit every 6 months. (My understanding is this is not the right thing to do since the visa is for permenant residence and we will not be living in the US). Since I have received different answers from immigration/embassy I was wondering if anyone else has been in this situation or can recommend what to do?
Thank you.
I'm not sure what is the correct thing to do with the visa process at this point. Do we formally (in writng or in person) stop the process then reapply when we know we will be moving to the US? I called the immigration office in the US and they said to not do anything and when we are ready in the future to submit packet 3 (even if this would be years from now) to the embassy where we are living. When we move countries to just do an address change at the embassy. The embassy where we submitted the I-130 told us to just continue the process and go to the US to activate the visa then visit every 6 months. (My understanding is this is not the right thing to do since the visa is for permenant residence and we will not be living in the US). Since I have received different answers from immigration/embassy I was wondering if anyone else has been in this situation or can recommend what to do?
Thank you.
Option two will actually work, is legal and the easiest for you. I wouldn't count on option one working. Yes, you could withdraw the petition, or simply do nothing and see what your options are when you are ready to move to the US permanently.
QUOTE(pushbrk @ Sep 14 2007, 02:03 PM)
Option two will actually work, is legal and the easiest for you. I wouldn't count on option one working. Yes, you could withdraw the petition, or simply do nothing and see what your options are when you are ready to move to the US permanently.
visiting every six months will not hack it.
You need to spend more time in the US than some other country.
Over a 5 year period, they expect that you have lived in the US for than 2.5 years.
QUOTE(desert_fox @ Sep 14 2007, 11:38 PM)
QUOTE(pushbrk @ Sep 14 2007, 02:03 PM)
Option two will actually work, is legal and the easiest for you. I wouldn't count on option one working. Yes, you could withdraw the petition, or simply do nothing and see what your options are when you are ready to move to the US permanently.
Over a 5 year period, they expect that you have lived in the US for than 2.5 years.
Isn't that for citizenship filing requirements not just retaining your PR status?
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.