Just recived our visa in the mail but........

[Irishlover 2]

So, here is our crazyness... we were just issued our visa, but we both just got jobs with a company based in San Francisco, but it is a remote job, from Ireland (or anywhere else in the world) The job allows us to travel while we work, and we are contemplating our options.... which are many. So these options are bringing up a bunch of questions.

1. If we choose to not use this visa to go to the states within the 6 months, and have to reapply will this look bad to apply for a second time?

- if we reapply, I will be employed and making enough to sponsor him, but even though it's an American based company (and I'm paying taxes) will I be able to sponsor him since I will be living abroad?

2. If he goes into the states right at the 6 months, and then leaves for 6 months (to go work/travel) then comes back to the states for the remaining 18 months, will this look bad for the process?

Also, his issued visa says "Upon endorsement serves as temporary I-551 Evidencing Permanent Residence for 1 year" What does this mean?

THANK YOU SOOOOOOO MUCH!

[Sergi9 110]

So, here is our crazyness... we were just issued our visa, but we both just got jobs with a company based in San Francisco, but it is a remote job, from Ireland (or anywhere else in the world) The job allows us to travel while we work, and we are contemplating our options.... which are many. So these options are bringing up a bunch of questions.

1. If we choose to not use this visa to go to the states within the 6 months, and have to reapply will this look bad to apply for a second time?

- if we reapply, I will be employed and making enough to sponsor him, but even though it's an American based company (and I'm paying taxes) will I be able to sponsor him since I will be living abroad?

2. If he goes into the states right at the 6 months, and then leaves for 6 months (to go work/travel) then comes back to the states for the remaining 18 months, will this look bad for the process?

Also, his issued visa says "Upon endorsement serves as temporary I-551 Evidencing Permanent Residence for 1 year" What does this mean?

THANK YOU SOOOOOOO MUCH!

You should check the USCIS website for the exceptions regarding living outside the US as far as the Adjustment of Status process goes. Typically you are kind of "stuck" for the first two years untill you remove conditions. Its a lot less hassle for couples who have been married longer than 2 years and get a 10 year green card where they can come back to US and "check in" occasionally.

If it is not your intent to establish the US as your domicile then entering the AOS process is just a waste of time and money.

The stamp on the VISA just serves as temporary green card when endorsed at the border.

The issue with sponsorship is not so much living overseas at the time you apply but you have to have a "domicile plan" where both of you intend to live in the US together at some point if you have to reapply at a later time.

NO if you are legally married and have muliple applications for the same person and travel for work is the issue it should not effect approval one way or the other.

[pushbrk 12,085]

You should check the USCIS website for the exceptions regarding living outside the US as far as the Adjustment of Status process goes. Typically you are kind of "stuck" for the first two years untill you remove conditions. Its a lot less hassle for couples who have been married longer than 2 years and get a 10 year green card where they can come back to US and "check in" occasionally.

If it is not your intent to establish the US as your domicile then entering the AOS process is just a waste of time and money.

The stamp on the VISA just serves as temporary green card when endorsed at the border.

The issue with sponsorship is not so much living overseas at the time you apply but you have to have a "domicile plan" where both of you intend to live in the US together at some point if you have to reapply at a later time.

NO if you are legally married and have muliple applications for the same person and travel for work is the issue it should not effect approval one way or the other.

CR1 visa holders never get involved in adjusting status. The I-551 stamp grants the status the K visa holder adjusts to. They HAVE the visa, so sponsorship and domicile plans are done and gone.

[pushbrk 12,085]

So, here is our crazyness... we were just issued our visa, but we both just got jobs with a company based in San Francisco, but it is a remote job, from Ireland (or anywhere else in the world) The job allows us to travel while we work, and we are contemplating our options.... which are many. So these options are bringing up a bunch of questions.

1. If we choose to not use this visa to go to the states within the 6 months, and have to reapply will this look bad to apply for a second time?

- if we reapply, I will be employed and making enough to sponsor him, but even though it's an American based company (and I'm paying taxes) will I be able to sponsor him since I will be living abroad?

2. If he goes into the states right at the 6 months, and then leaves for 6 months (to go work/travel) then comes back to the states for the remaining 18 months, will this look bad for the process?

Also, his issued visa says "Upon endorsement serves as temporary I-551 Evidencing Permanent Residence for 1 year" What does this mean?

THANK YOU SOOOOOOO MUCH!

The endorsement upon entry serves as a temporary green card. Leaving for six months is not a problem provided you establish and maintain domicile in the USA. This could be a family member's address and a bank account along with filing tax returns as a US resident.

Removal of Conditions is what you do after the two years. Doesn't look bad being her only 18 of the 24 months but if the departure is more than six months, it would delay eligibility for citizenship. Not really a big deal for most folks.

[Irishlover 2]

"Removal of Conditions is what you do after the two years. Doesn't look bad being her only 18 of the 24 months but if the departure is more than six months, it would delay eligibility for citizenship. Not really a big deal for most folks."

So you say it will only delay eligibility (if he is gone for more than 6 months out of the 24), but would it require us to do the process over again, or just slow it down?

[M in CA 9]

doesn't he need the green card in order to be a legal employee of the SF-based company?

[pushbrk 12,085]

"Removal of Conditions is what you do after the two years. Doesn't look bad being her only 18 of the 24 months but if the departure is more than six months, it would delay eligibility for citizenship. Not really a big deal for most folks."

So you say it will only delay eligibility (if he is gone for more than 6 months out of the 24), but would it require us to do the process over again, or just slow it down?

You would not do the spouse visa process over again. He enters as a permanent resident. Please note the conditions I also mentioned like having a domicile, bank account and filing US tax returns. Six months is not a problem. Citizenship is completely optional and is something you apply for when eligible. Delaying eligibility may have no meaning at all as he need not take advantage of that eligibility unless he chooses to. Can choose to any time after eligible.

doesn't he need the green card in order to be a legal employee of the SF-based company?

You're not paying attention. The I-551 stamp upon entry IS a temporary green card for a year while the real one is being produced and mailed, usually within a month. Also, you're Keyword is "based". US "based" companies routinely hire foreigners to work abroad.

Edited July 12, 2011 by pushbrk

[Irishlover 2]

Thank you so much!

You are correct about the company. They hire employees from all over the world (legitimately). The headquarters is based in SF.

I was under the impression that to qualify for change of status after the 24 months, he will have to be in the states for at least 18 months of that time, and if he doesn't then he will be denied Change of status after the two years. I'm so confused ;/

We will be married for 2 years January 2012, would it be any different after that? If we are married for two years, could we just apply for the 10 year greencard? Oh I'm so confused

I feel like I did when we first started this process so long ago

[payxibka 10,044]

Thank you so much!

You are correct about the company. They hire employees from all over the world (legitimately). The headquarters is based in SF.

I was under the impression that to qualify for change of status after the 24 months, he will have to be in the states for at least 18 months of that time, and if he doesn't then he will be denied Change of status after the two years. I'm so confused ;/

We will be married for 2 years January 2012, would it be any different after that? If we are married for two years, could we just apply for the 10 year greencard? Oh I'm so confused

I feel like I did when we first started this process so long ago

Change of status is quite different than removal of conditions... don't confuse the two

Your situation would be removal of conditions if you enter the US BEFORE your 2 wedding anniversary... as you would be issued a 2 yr card and the need to remove conditions two years later

There is no "applying" for a 2yr or 10 yr greencard... it is automatically determined on the day you enter the USA based on the age of your marriage at that time

Edited July 12, 2011 by payxibka

[Done--Really 331]

When does your visa expire--exactly?? If it is after your two-year anniversary, then you can delay your entry into the US until then and get the 10-year green card. But if your visa expires before the two-year anniversary, you must enter the US, get the two year GC, and then go through the ROC two years later.

[pushbrk 12,085]

Thank you so much!

You are correct about the company. They hire employees from all over the world (legitimately). The headquarters is based in SF.

I was under the impression that to qualify for change of status after the 24 months, he will have to be in the states for at least 18 months of that time, and if he doesn't then he will be denied Change of status after the two years. I'm so confused ;/

We will be married for 2 years January 2012, would it be any different after that? If we are married for two years, could we just apply for the 10 year greencard? Oh I'm so confused

I feel like I did when we first started this process so long ago

You really need to forget everything you are thinking about adjusting status. You will never do that. Time to study this guide. http://www.visajourney.com/content/751guide and the I-765 instructions. No, your 6 month absence will not make him ineligible to remove conditions, provided he maintained a domicile in the USA, bank account etc and filed US taxes.

[M in CA 9]

You're not paying attention. The I-551 stamp upon entry IS a temporary green card for a year while the real one is being produced and mailed, usually within a month. Also, you're Keyword is "based". US "based" companies routinely hire foreigners to work abroad.

Ok, I'll bite: your keyword here is "upon entry". I thought the original question involved a decision about having beneficiary actually "use" the visa by going thorugh POE. My tought was: yes, go through POE so he has valid GreenCard for employment, then be deployed by the SF-based company after establishing domicile.

Note to petitioner: California tax law differs dramatically from IRS in these cases (no tax treaty benefits), so read up. best of luck to you.

Edited July 12, 2011 by Å&M

[Harsh_77 716]

SF based company can hire you, but they should not be paying u in US.

As long as they pay u in your home country you are ok. If you decide to use your visa and enter US then for most part of the year you are required to stay in US.

First couple times 6 month gap might be ok, but its upto the officer at immigration, they can give you hard time for not being in the US.

Once you enter US, you will be required to report your foreign income to IRS too.

[pushbrk 12,085]

Ok, I'll bite: your keyword here is "upon entry". I thought the original question involved a decision about having beneficiary actually "use" the visa by going thorugh POE. My tought was: yes, go through POE so he has valid GreenCard for employment, then be deployed by the SF-based company after establishing domicile.

Note to petitioner: California tax law differs dramatically from IRS in these cases (no tax treaty benefits), so read up. best of luck to you.

Yes, so I'm recommending the visa holder go ahead and enter the USA, leave for six months and come back and remove conditions on schedule. No problems with that plan. No starting over. All this PROVIDED they maintain domicile, bank account and file US tax returns. If the residence is in California, of course they would file California tax returns but that has nothing to do with immigration issues.

What was your one sentence meant to convey in the way of help to the OP?

Edited July 12, 2011 by pushbrk

[Irishlover 2]

Thank you all so much for the advice. We have a lot to think about!

PS I'm paying taxes in the US (I'm the USC), as my paycheck goes into my US bank account.