Delaying a visa or maintaining a green card / obtaining US citizenship outside of the USA

[fullofhope 0]

Hi - I know this is the opposite to what most people want to do, but this is our situation:

I married a USA citizen in April (civil wedding), and he applied for his Australian spousal visa, and I applied for my USA Spousal visa. Got the Australian visa in time for the church wedding in July, and he has been living with me in Australia ever since. We finally got back our I130, and I129 a week ago.

We have decided for the present that we have the best financial security if we stay in Australia, especially as I am already 40 and we are planning a family asap (first miscarriage and trying again).

At the same time, however, if anything happened to his family that would require my husband to return to the USA suddenly, we would like to know that we have the ability pack up the whole family and move them there without delay or separation. If I had my green card at least, if not my USA citizenship, then it would give us peace of mind in that regard. (I think any children would be come USA citizens automatically as my husband had never left the USA until he married me).

Does anyone know if there is a limit on how long the I130 lasts for, or how long each section of the visa can be extended after this?

If we do get the visa, how long would we have to stay in the USA to keep valid a green card long-term or to continue to get USA citizenship? I think I read somewhere that I need to have spent over 50% of the time in the previous three years to get citizenship but am not sure.

On the other hand, I hear about people that live out of the USA for years and keep-up their green card by returning to the USA every so often. At this stage, we have plans to return to the USA at least once a year for the Christmas/Australian summer school holidays of 6 weeks. We are leaving in 6 days time, (and I hope I have enough evidence that I am returning to Australia that they will let me in), and would return again next Christmas so could initiate the greencard then, if we could string the process along 12 months.

If/when I do have a successful pregnancy, I can have unpaid maternity leave until the youngest is two (but still work casually if I wish), and then the right to work part-time until the youngest is school age (when I have to return to full time work to hold my position), and I also have the right to return to full time work any time I want to. The unpaid maternity leave would allow us to spend extended times in the USA without losing my position here, and I could spend over half of three years there then. Financially moving there for a few years would be difficult, however, and maintaining a green card by visiting family regularly may be a better option. In Australia we get government medical care, and as a perk for working in a remote outback town, I get free teacher housing (even while on unpaid maternity leave). The standard teaching wage is higher in Australia, and the casual (substitute) teacher wage almost 3 times what I would get in the USA. We could quite easily live in Australia on one or two days of work a week, but would struggle to live on a full-time wage in the USA. (As a blue-collar-work and teacher-in-training, my husband has even poorer income options in the USA, where the basic wage is half of what it is in Australia).

Thanks for your assistance in this,

Edited December 10, 2010 by fullofhope

[pushbrk 12,105]

Hi - I know this is the opposite to what most people want to do, but this is our situation:

I married a USA citizen in April (civil wedding), and he applied for his Australian spousal visa, and I applied for my USA Spousal visa. Got the Australian visa in time for the church wedding in July, and he has been living with me in Australia ever since. We finally got back our I130, and I129 a week ago.

We have decided for the present that we have the best financial security if we stay in Australia, especially as I am already 40 and we are planning a family asap (first miscarriage and trying again).

At the same time, however, if anything happened to his family that would require my husband to return to the USA suddenly, we would like to know that we have the ability pack up the whole family and move them there without delay or separation. If I had my green card at least, if not my USA citizenship, then it would give us peace of mind in that regard. (I think any children would be come USA citizens automatically as my husband had never left the USA until he married me).

Does anyone know if there is a limit on how long the I130 lasts for, or how long each section of the visa can be extended after this?

If we do get the visa, how long would we have to stay in the USA to keep valid a green card long-term or to continue to get USA citizenship? I think I read somewhere that I need to have spent over 50% of the time in the previous three years to get citizenship but am not sure.

On the other hand, I hear about people that live out of the USA for years and keep-up their green card by returning to the USA every so often. At this stage, we have plans to return to the USA at least once a year for the Christmas/Australian summer school holidays of 6 weeks. We are leaving in 6 days time, (and I hope I have enough evidence that I am returning to Australia that they will let me in), and would return again next Christmas so could initiate the greencard then, if we could string the process along 12 months.

If/when I do have a successful pregnancy, I can have unpaid maternity leave until the youngest is two (but still work casually if I wish), and then the right to work part-time until the youngest is school age (when I have to return to full time work to hold my position), and I also have the right to return to full time work any time I want to. The unpaid maternity leave would allow us to spend extended times in the USA without losing my position here, and I could spend over half of three years there then. Financially moving there for a few years would be difficult, however, and maintaining a green card by visiting family regularly may be a better option. In Australia we get government medical care, and as a perk for working in a remote outback town, I get free teacher housing (even while on unpaid maternity leave). The standard teaching wage is higher in Australia, and the casual (substitute) teacher wage almost 3 times what I would get in the USA. We could quite easily live in Australia on one or two days of work a week, but would struggle to live on a full-time wage in the USA. (As a blue-collar-work and teacher-in-training, my husband has even poorer income options in the USA, where the basic wage is half of what it is in Australia).

Thanks for your assistance in this,

You can delay any response during the NVC stage for up to a year. Once you have the visa, you must use it within six months or it dies/expires. Once you use it, you must "maintain permanent resident status" in the USA or lose it. Go here for those requirements.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

A K3 visa would be perfect for your situation but alas, that visa category was rendered obsolete a year ago. Evidently, you didn't "get the memo". You'll be following the CR1 or IR1 visa path depending on how long you've been married.

Edited December 10, 2010 by pushbrk

[fullofhope 0]

You can delay any response during the NVC stage for up to a year. Once you have the visa, you must use it within six months or it dies/expires. Once you use it, you must "maintain permanent resident status" in the USA or lose it. Go here for those requirements.

thanks for that - so does that mean that we have 1 year before we send our application to the NVC, then one year from their approval before we send our forms to the embassy, or do we have one year total to do that whole process?

[fullofhope 0]

Another question - when do they decide if I get an CR1 or an IR1, when I send the form to the NVC or when the embassy finally issues the visa? It seems if we can stretch the process from now out for another 17 months so that it is two years from our wedding, and get an IR1 then we will have an entry visa of 10 years, and have more time to play with. Long-term plans are have a residence in Australia/New Zealand and in the USA and to have an income that would let us alternate between the two.

[Brother Hesekiel 2,235]

The 10-year "entry visa" would be a Green Card that's valid for 10 years, provided you reside in the US permanently, not only half of the year.

Now, way into the 21st century, a time where computers control everything, you really need to live in the US permanently for 3 years until you can file for US citizenship. Once you have accomplished that, you can live wherever you want, whenever you want, only have to file a tax return every year until the day you die, just like you husband has to, even if you move onto a submarine diving underneath the South Pole.

Until then, any "visits" to the US would be ultimate deal breakers for your Green Card. You may get away with it for a while, but ultimately you will get caught and that would be the end of a wonderful journey into the Land of the Brave and Free.

[SimranS 9]

If you spend at least 6 months out of the year in the US and maintain your residence there (including paying taxes, maintaining bank accounts etc.) you should be fine for maintaining your green card. You're right in that many people maintain their green cards by only visiting for brief periods, but this is very risky.

The law specifically states that you have to spend at least 18 out of 36 months (equal to 6 months a year) in the USA in order to apply for citizenship as the spouse of a citizen. Also maintain your US residency by not leaving for more than 6 months at a time (although if you have to be out for more than 6 months there is a form you may be able to file, "application to maintain residency for citizenship purposes").

[pushbrk 12,105]

The 10-year "entry visa" would be a Green Card that's valid for 10 years, provided you reside in the US permanently, not only half of the year.

Now, way into the 21st century, a time where computers control everything, you really need to live in the US permanently for 3 years until you can file for US citizenship. Once you have accomplished that, you can live wherever you want, whenever you want, only have to file a tax return every year until the day you die, just like you husband has to, even if you move onto a submarine diving underneath the South Pole.

Until then, any "visits" to the US would be ultimate deal breakers for your Green Card. You may get away with it for a while, but ultimately you will get caught and that would be the end of a wonderful journey into the Land of the Brave and Free.

A ten year entry visa is a B1B2 visa valid for ten years and allowing a 90 or 180 day stay for each visit but carry no work authorization.

Green cards require maintaining permanent resident status.

Another question - when do they decide if I get an CR1 or an IR1, when I send the form to the NVC or when the embassy finally issues the visa? It seems if we can stretch the process from now out for another 17 months so that it is two years from our wedding, and get an IR1 then we will have an entry visa of 10 years, and have more time to play with. Long-term plans are have a residence in Australia/New Zealand and in the USA and to have an income that would let us alternate between the two.

Once the case is at NVC, you have a year to respond to any specific correspondence, including the first one.