Husband return to home country to finish studies?

[chilegringa 0]

Hi everyone.. my future husband (just about a month to go!) and I are hoping for him to be able to come and live and work in the states after he gets his visa for about 8 months before he needs to return to Chile for his final semester at the university..

Is this okay? I mean I know that he can be out of the country for 6 months out of the year legally, I just don't know if this contradicts him wanting to immigrate to the US, or if this is a normal situation.. spouses returning to finish studies or other business after entering the states on their visa and getting their green cards

We could wait to petition the visa until after he finishes his last semester which would be in Dec 2013 but that would mean being apart for an extra 8 months when he could be in the US with me during that time..

Thanks, anything information or opinion helps

[GAFL 16]

I would love to hear the response to this post as well. My question is similiar....if I start the K-1 visa process in June and it finishes within a year, but he does not finish school until August; should I push the K-1 process back or if God sees fit and approves his visa will he be able to leave the country after he finishes his classes a few months later or does he have to leave immediately after his visa is granted??

[chilegringa 0]

I would love to hear the response to this post as well. My question is similiar....if I start the K-1 visa process in June and it finishes within a year, but he does not finish school until August; should I push the K-1 process back or if God sees fit and approves his visa will he be able to leave the country after he finishes his classes a few months later or does he have to leave immediately after his visa is granted??

From what I understand he will have 6 months to enter the United States once his visa is granted..

Does anyone know if this is officially confirmed or if it varies case to case?

[samy + janet aly 8]

ok here it is...he has 6 months to enter the USA from the time his visa is issued...sometimes 12 months depending on his medical exam too.

also if he is issued a greencard he has up to 365 days he can be outside the USA but he has to be back befor ethe 365th day IF he is issued a greencard.

IF he just has a visa he cannot go outside the USA before 1 year ( this one i know because a friend of my husbands was issued a 5 yr visa to come and he has to wait 1 year before he can travel outside the USA)

hope this helps you!

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

check this out.

good luck!

Edited May 5, 2012 by samy + janet aly

[samy + janet aly 8]

From what I understand he will have 6 months to enter the United States once his visa is granted..

Does anyone know if this is officially confirmed or if it varies case to case?

it all depends on the medical exam. some doctors give it 6 months and others give it 12 months but then again it depends on the embassy too how long they take to process the visa.

check your embassy website and it will advise more.

good luck!

[milimelo 4,205]

No immigrant visa has more than 6 months validity. K-1 sometimes has even less than that (depends on their medical). It has to be activated by the date listed on the visa - at POE.

[chilegringa 0]

ok here it is...he has 6 months to enter the USA from the time his visa is issued...sometimes 12 months depending on his medical exam too.

also if he is issued a greencard he has up to 365 days he can be outside the USA but he has to be back befor ethe 365th day IF he is issued a greencard.

IF he just has a visa he cannot go outside the USA before 1 year ( this one i know because a friend of my husbands was issued a 5 yr visa to come and he has to wait 1 year before he can travel outside the USA)

hope this helps you!

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

check this out.

good luck!

Do you mean that even if he gets a CR-1 visa to come to the United States it is possible he won't get a green card? I have not heard anything about this and was under the impression that when he enters to US they will send him his green card within a few weeks

[grrrrreat 109]

Hi everyone.. my future husband (just about a month to go!) and I are hoping for him to be able to come and live and work in the states after he gets his visa for about 8 months before he needs to return to Chile for his final semester at the university..

Is this okay? I mean I know that he can be out of the country for 6 months out of the year legally, I just don't know if this contradicts him wanting to immigrate to the US, or if this is a normal situation.. spouses returning to finish studies or other business after entering the states on their visa and getting their green cards

We could wait to petition the visa until after he finishes his last semester which would be in Dec 2013 but that would mean being apart for an extra 8 months when he could be in the US with me during that time..

Thanks, anything information or opinion helps

What kind of visa?

[grrrrreat 109]

Do you mean that even if he gets a CR-1 visa to come to the United States it is possible he won't get a green card? I have not heard anything about this and was under the impression that when he enters to US they will send him his green card within a few weeks

A stamped CR-1 is a temporary Green Card, and your impression is correct as the new LPR gets a permanent GC in the mail after entry. Assuming OP will be entering on a CR-1, he will be an LPR and get a Green Card.

LPRs can travel outside of the U.S. temporarily, but will lose their GC status if USCIS finds they did not intend to make the U.S. their permanent home. In making that call, USCIS will consider ties to the U.S. Generally, an LPR who is absent from the U.S. for more than a year has abandoned his U.S. permanent residency. If you apply for and receive a re-entry permit before you leave the U.S., you may be outside of the U.S. temporarily for up to two years, as long as you still intend to make the U.S. your permanent home.