After the I-130

[diego 0]

Hello,

Does anyone know if your spouse, once approved for the I-130, can enter the U.S. and then leave to tie up loose ends. My wife is a university student in Italy and she must finish her doctorate. If and when we have our petition approved, we would like her to visit the U.S. and then for her to return and finish her school. Does anyone know about mulitiple entries, is this taken care of at the embassy where it's issued or at port of entry? Please help.

[aussiewench 9]

Are you talking once the I-130 is approved at the service center...or when she is issued a CR-1 visa?

[shoshweetygaff 0]

Hello,

Does anyone know if your spouse, once approved for the I-130, can enter the U.S. and then leave to tie up loose ends. My wife is a university student in Italy and she must finish her doctorate. If and when we have our petition approved, we would like her to visit the U.S. and then for her to return and finish her school. Does anyone know about mulitiple entries, is this taken care of at the embassy where it's issued or at port of entry? Please help.

We tried this in Egypt after we got approval for the petition. And I even went to the Embassy in Cairo and asked them to just give him tourist visa to come to USA and meet my family. But no go! They said can't do until he finishes and completes the process of this Visa. Unless we wanted to cancel the Visa.

But your Embassy may have different rules, I just know this was Egypt, who are some crazy incompetent people working in this office.

Good luck...best way to know....call the Embassy and ask them.

[GaRaS 10]

Hello, Once you got the approval letter, there is some information at the back of the approval letter explaining that the beneficiary still can't enter the US.

JunCeL

Hello,

Does anyone know if your spouse, once approved for the I-130, can enter the U.S. and then leave to tie up loose ends. My wife is a university student in Italy and she must finish her doctorate. If and when we have our petition approved, we would like her to visit the U.S. and then for her to return and finish her school. Does anyone know about mulitiple entries, is this taken care of at the embassy where it's issued or at port of entry? Please help.

[Yodrak 7]

diego,

An approved I-130 petition does disqualify one from visiting the USA, although it does make it more difficult to demonstrate non-immigrant intent for the proposed visit. That being said, your wife being in the middle of a doctoral program should be pretty good evidence of non-immigrant intent if presented properly.

What does multiple entries have to do with it? (There's an indication here that you may not recognize the difference between a petition and a visa?)

Yodrak

Hello,

Does anyone know if your spouse, once approved for the I-130, can enter the U.S. and then leave to tie up loose ends. My wife is a university student in Italy and she must finish her doctorate. If and when we have our petition approved, we would like her to visit the U.S. and then for her to return and finish her school. Does anyone know about mulitiple entries, is this taken care of at the embassy where it's issued or at port of entry? Please help.

Edited June 21, 2006 by Yodrak

[diego 0]

Are you talking once the I-130 is approved at the service center...or when she is issued a CR-1 visa?

i'M Still trying to get everything straight, so from what I understand, once she's been approved for the I-130, she'll have an interview and hopefully be given the CR-1visa. After this point, we're wondering if she'll be allowed to come to the U.S. as a immigrant and then leave, maybe after one month so she can finish her studies in Europe? After she's done, maybe 5-6 months after coming to the U.S., she'll be back permanantely. I hope I'm clearer now.

Thanks for any advice.

Diego

[aussiewench 9]

Are you talking once the I-130 is approved at the service center...or when she is issued a CR-1 visa?

i'M Still trying to get everything straight, so from what I understand, once she's been approved for the I-130, she'll have an interview and hopefully be given the CR-1visa. After this point, we're wondering if she'll be allowed to come to the U.S. as a immigrant and then leave, maybe after one month so she can finish her studies in Europe? After she's done, maybe 5-6 months after coming to the U.S., she'll be back permanantely. I hope I'm clearer now.

Thanks for any advice.

Diego

Yep, much clearer.

As she will be a conditional resident (basically the same rights as permanent resident) she will be allowed to leave yes. As long as she does not remain out of the country for too long and is seen to have abandoned her status.

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

*Move to another country intending to live there permanently.

*Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

*Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

*Fail to file income tax returns while living outside of the US for any period.

*Declare yourself a “nonimmigrant” on your tax returns.

Now That You Are A Permanent Resident

[meauxna 15]

Are you talking once the I-130 is approved at the service center...or when she is issued a CR-1 visa?

i'M Still trying to get everything straight, so from what I understand, once she's been approved for the I-130, she'll have an interview and hopefully be given the CR-1visa. After this point, we're wondering if she'll be allowed to come to the U.S. as a immigrant and then leave, maybe after one month so she can finish her studies in Europe? After she's done, maybe 5-6 months after coming to the U.S., she'll be back permanantely. I hope I'm clearer now.

Thanks for any advice.

Diego

An approved I-130 does not a visa make, Diego.

Please re-read the DCF Guide--I think it is carefully explained there, and your question is answered.