CR1 - Travel to the US and return?

[xavierr 0]

I'm a US dual-citizen. My wife and I got married mid-2009. We DCF'd for a CR1 at the end of the year. During the process I quit my job in anticipation of my wife getting the Visa and planning to travel and stay in the US. I also applied locally to a job just in case the petition took too long or was denied.

In March the Visa was approved and the day we received the passport with the visa I had an interview for the job. It turns out the job was very appealing and worth staying for to put on my resume. A few weeks later they offered me the position to begin a month later. Since I didn't have a job yet in the US, I accepted.

So, since the job doesn't start until a few more weeks, we decided to travel to the US to use the Visa, as to avoid passing the 6-month deadline. The address I have used for our US domicile is my parent's address. So the plan is to arrive, get her SSN card and green card and return. Hopefully that will arrive in less than 3 weeks. I have read that staying more than 6 months outside the US could risk her permanent residence, although officially you cannot stay more than a year without a permission to return.

Here are my questions on our situation:

1.Does it risk my wife's visa to return to live in the country we DCF'd?

2.Must we visit the US together within 6 months of returning?

3.If so, would it be ok if she traveled alone to the US?

4.Would we be missing possible visits from immigration?

5.Once she arrives in the US, from that date when should we have returned to the US to stay?

6.If the Green Card doesn't arrive in the mail before we leave the US, is it a problem to leave the country?

7.Is it possible to stay in the foreign country until it is time to apply to lift the Visa conditions?

8.What can we do to minimize the risks involved in staying outside the US?

9.When can we start counting the 3 years for citizenship?

Thanks for your help!!

Edited April 5, 2010 by xavierr

[Brother Hesekiel 2,235]

Short answer: what you are trying to figure out will not work.

You cannot use a Green Card and live in another country. You cannot use the Green Card as a visitor's visa. You cannot remove conditions from a foreign country if you didn't live in the US. And we can't even start to talk about the residency clock in regard to US citizenship.

In trying to figure out if there's a way to trick the US immigration system, you are entering the realm of immigration fraud. IMHO, you'll have to decide between taking the job in another country, or getting your wife her Green Card without losing it again shortly after.

[Marina-Del 10]

Here are my questions on our situation:

1.Does it risk my wife's visa to return to live in the country we DCF'd?

Umm...let's see. Yes! The GC of your wife is called a LEGAL PERMANENT RESIDENT CARD. See the words in bold. If she is not living in the US, then she is not a resident and therefore she is not entitled to keep her visa. period. No ifs, no buts. She is allowed to leave the US to visit family or take care of family issues or whatever for up to 6 months at a time. But that's just a general rule. Another general rule is that she cannot stay out of the US for more than 6 months out of any 365 day period. The law is that she is allowed to be gone for up to 1 year without getting special permission, but it is up to the officer that lets her in (or doesn't let her in) at POE to decide if her reason for being gone so long is worthy. And if she tells the man she is not living in the US he will flat our deny her entry...because being a resident (as it states on the card) is the whole point of having a GC. A GC is not a tourist visa, it is a RESIDENT visa. Maybe they'd let her in if you lied (although this is totally not recommended) but maybe not. And since she would be living outside of the US, then they probably wouldn't let her in. If the officer sees that she is spending more time out of the US then in, then she will have issues coming in (with you or not, it doesn't matter) and her GC will be revoked.

2.Must we visit the US together within 6 months of returning?

See above. It doesn't matter if you are together or not, basically it doesn't work. AND, if I was the POE officer and saw that she entered one month for the first time on a brand new GC, left the next month, and then entered again 6 months later without a really good reason, I'd flat out deny entry right there. I'm not trying to be mean, but you gotta remember that these POE guys are not your friends. And frankly, a lot of them ARE mean. Maybe maybe you'd get away with it once, but repeatedly wanting to do this for an extended period of time, no way.

3.If so, would it be ok if she traveled alone to the US?

Yes, but see above. She doesn't need you to enter. Her GC is her GC, but this won't work.

4.Would we be missing possible visits from immigration?

There are no visits from immigration for DCF filers, or any other filers for that matter unless you were to do something really fishy and they wanted to check you out (although I've never heard of this).

5.Once she arrives in the US, from that date when should we have returned to the US to stay?

What? I don't understand the question. You should stay from the original entry date! If something were to happen and she did need to go home then technically she'd have a year (I think!!!) to come back before...but see above. You could seriously lose it all trying this.

6.If the Green Card doesn't arrive in the mail before we leave the US, is it a problem to leave the country?

Yes. She cannot leave and hope to be let in again without the GC in hand.

7.Is it possible to stay in the foreign country until it is time to apply to lift the Visa conditions?

NO. Permanent RESIDENT.

8.What can we do to minimize the risks involved in staying outside the US?

You don't stay out of the US.

9.When can we start counting the 3 years for citizenship?

When she starts actual being a resident of the US. Which if you take that job, won't be any time soon.

Thanks for your help!!

In short, I TOTALLY agree with what Just Bob said. What you are thinking of doing will not work, period. You need to choose between your new job and her getting her GC now. You guys can always do DCF again later, as long as you explain to them what happened and why you wont use it now, you shouldn't have a problem getting the visa again...although you WILL have to pay the fees again. You could also check with your consulate and see if they will extend her visa to be good to enter for 1 year (I know they sometimes do that with K-1 visas, so maybe they would do that with a CR1 visa too...maybe not, you'd just have to ask). But really, you have two options: stay and take the job, or go to the US. You cannot do both. Or really, I guess your wife could go to the US and you could stay where you are...but you might have some issues with that later down the line. And really, why would you want to do that anyway!?

I've tried to answer your questions above explaining why what you want to do won't work...but as Just Bob said, it's really really complicated and what you are thinking of doing is plain right against the rules.

Edited April 5, 2010 by Marina-Del

[Anh map 2,098]

As other members often suggest: Google "maintaining permanent resident status" to learn what to avoid as well as what would be required.

[niner49 0]

In short, I TOTALLY agree with what Just Bob said. What you are thinking of doing will not work, period. You need to choose between your new job and her getting her GC now. You guys can always do DCF again later, as long as you explain to them what happened and why you wont use it now, you shouldn't have a problem getting the visa again...although you WILL have to pay the fees again. You could also check with your consulate and see if they will extend her visa to be good to enter for 1 year (I know they sometimes do that with K-1 visas, so maybe they would do that with a CR1 visa too...maybe not, you'd just have to ask). But really, you have two options: stay and take the job, or go to the US. You cannot do both. Or really, I guess your wife could go to the US and you could stay where you are...but you might have some issues with that later down the line. And really, why would you want to do that anyway!?

I've tried to answer your questions above explaining why what you want to do won't work...but as Just Bob said, it's really really complicated and what you are thinking of doing is plain right against the rules.

Let me fill you in on my situation: I'm American and my wife is French. Applied for and received her IR-1 visa in May 2010, thinking we would be moving back to the USA in August 2010. As it turns out, we will be staying in Abu Dhabi (as Abu Dhabi residents working in AD) for probably two more years! Good for career but bad for visa bureaucracy

We will be traveling back to the USA in August 2010 anyways for a two week vacation. From what I am reading, we will eventually need to repeat the visa process (probably through DCF) when we actually move back to the U.S.... unfortunate but that's life.

Does anyone have any advice for ways we can save hassle and/or money on paperwork and fees? If we are returning to the U.S. at least once a year, does the I-131 re-entry form help at all? Any insight greatly appreciated!