Staying abroad with green card + Permit extension

[Hamza86 8]

My Pd is 8th November 2016 and i dont expect the VISA buletin movement to be fast any time soon. My wife is my petitioner and for her to live with me abroad till my process is completed i am applying for the extension permit. My question is that will USCIS by any chance accept this reason for staying abroad for my wife as my process is not completed? Please advise ? Staying away from wife for 1 more year  is not feasible for me.

[Michael2017 368]

1. Your wife must go to USA and file a re entry permit

2. A couple of months at the time of signing the affidavit of support she must be domiciled in USA.

This means at that time she must go back, rent an apartment or sign a lease document, preferable get a job.

3. She will need a co sponsor if she is not making enough do to the time abroad. She still need to file taxes all the time.

4. The last couple of months before the interview she must live in USA so that she is solidly domiciled in the USA at the time of your interview. 

5. If you keep above steps, her staying with you will help your petition as they see that this is an honest relationship. Just make sure she is domiciled in the USA.

Edited August 14, 2017 by Michael2017

[Boiler 43,397]

Domicile and Residency are not the same thing.

 

Do not know what Islamabad expects to see, but am sure it has been covered a few times.

 

Also bear in mind AP.

[Hamza86 8]

18 hours ago, Michael2017 said:

1. Your wife must go to USA and file a re entry permit

2. A couple of months at the time of signing the affidavit of support she must be domiciled in USA.

This means at that time she must go back, rent an apartment or sign a lease document, preferable get a job.

3. She will need a co sponsor if she is not making enough do to the time abroad. She still need to file taxes all the time.

4. The last couple of months before the interview she must live in USA so that she is solidly domiciled in the USA at the time of your interview. 

5. If you keep above steps, her staying with you will help your petition as they see that this is an honest relationship. Just make sure she is domiciled in the USA.

 

Thanks for the reply....

 

Acctually my wife already availed the permit for four years for her studies in Pakistan so we are not sure how much duration will they alow on the new permit. Probabaly it will be 1 year. Secondly will the USCIS accept this reason for the entry permit that " My spouse waiting for his immigration process to complete thats why i will live abroad" ? For the taxes she needs to work...As my wife completed her MBBS this year and she wont be able to work in USA till she clears the USMLE exam in usa. So we dont have that option. Atleast if she gets an extension of 1 year this will solve my issue. Looking at the slow progress of the VISA bulletin for f2a category i assume my date will become current at the end of 2018

 

Secondly can she open a joint account with her father there as her complete family lives there? will that be helpful?

What is being domiciled means?  Please let me know? 

[Hamza86 8]

15 hours ago, Boiler said:

Domicile and Residency are not the same thing.

 

Do not know what Islamabad expects to see, but am sure it has been covered a few times.

 

Also bear in mind AP.

whats the difference please tell me?

[Michael2017 368]

51 minutes ago, Hamza86 said:

 

Thanks for the reply....

 

Acctually my wife already availed the permit for four years for her studies in Pakistan so we are not sure how much duration will they alow on the new permit. Probabaly it will be 1 year. Secondly will the USCIS accept this reason for the entry permit that " My spouse waiting for his immigration process to complete thats why i will live abroad" ? For the taxes she needs to work...As my wife completed her MBBS this year and she wont be able to work in USA till she clears the USMLE exam in usa. So we dont have that option. Atleast if she gets an extension of 1 year this will solve my issue. Looking at the slow progress of the VISA bulletin for f2a category i assume my date will become current at the end of 2018

 

Secondly can she open a joint account with her father there as her complete family lives there? will that be helpful?

What is being domiciled means?  Please let me know? 

1. Reason should be fine, she can draft a letter, attach and explain. Works in your favour.

2. Domicile means that she intents to live in USA (short) but as she is a green card holder, she also needs to preserve her residency.

To do both, best is as written in my statement above, at the end of the process when signing the Affidavit of Support, she should have 

an apartment in USA. If it is in her fathers house, great. I advise that she spends a couple of months in USA right before the interview.

My wife and me do the same and my lawyer advised me of doing it this way. So that is all i can say. Her family can be co sponsor

for the affidavit of support. 

3. Even if she has not much income she can file taxes for each year abroad. I am sure she earns some small money here and there.

This helps to show that she never gave up considering herself a US resident. Good luck!

[Mustita 4]

Hi my pd is April 14 2016 I'm currently on my country with husband who is from another country with a re entry permit i have until nov 2018 to come back, i'm filling the affidavit on my sister's adress ( i used to live with them) so is my residence adress i also have a sponsor, and i have filled all my taxes each year, you are saying that i need to be back to the us before the interview, but it means he would be on the interview on his own? wouldn't be better if we go to the interview together? 

[Michael2017 368]

33 minutes ago, Mustita said:

Hi my pd is April 14 2016 I'm currently on my country with husband who is from another country with a re entry permit i have until nov 2018 to come back, i'm filling the affidavit on my sister's adress ( i used to live with them) so is my residence adress i also have a sponsor, and i have filled all my taxes each year, you are saying that i need to be back to the us before the interview, but it means he would be on the interview on his own? wouldn't be better if we go to the interview together? 

No, In your case, it is better that you are in the USA well before the interview. You have enough face time together, your problem is the domicile USA.

A reentry permit does not guarantee that they will accept that you are domiciled in the USA. I suggest that you should go about 3 months before the interview to USA, apply for jobs, rent an apartment which you will use for you and your spouse, so that it is clear that you are domiciled in USA.

[Mustita 4]

On 14/9/2017 at 3:06 PM, Michael2017 said:

No, In your case, it is better that you are in the USA well before the interview. You have enough face time together, your problem is the domicile USA.

A reentry permit does not guarantee that they will accept that you are domiciled in the USA. I suggest that you should go about 3 months before the interview to USA, apply for jobs, rent an apartment which you will use for you and your spouse, so that it is clear that you are domiciled in USA.

Thanks for your advice, I will go back to the US before my husbands interview, and i'll be working in the US at the time of his interview, is he going to be ask for proof of my domicile? what proof should he show? what should he says if they ask him why im not there in the interview? would it be a problem if i live with my sisters until my husband comes to the us?

[retheem 553]

It baffles me how people don't even take time to read about the responsibilities that come with being a green card holder and then when things go south you are like "please help me"