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Maintaining LPR status for F2A petition

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Filed: F-2A Visa Country: Philippines
Timeline

I have a guy friend who entered the US last January 2012. He was petitioned by his mom under F2B category. He is already a green card holder.

He went back here in the Philippines on April 2012 so he can marry his long-time girlfriend (who is also the mother of his 2 boys).

May 2012 he was diagnosed with an eye condition and had to do an eye surgery.

They got married in June 2012.

He flew back to the US in August 2012.

He filed the F2A petition October 2012.

He's flying to the Philippines in November 2012 with a 2 year Re-Entry Permit because he still has to undergo more eye treatment.

To this day he hasn't applied for a US Driver's License because he can't drive due to his eye condition.

Will that in any way affect his F2A petition for his wife and kids?

Edited by apple21

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Filed: F-2A Visa Country: Philippines
Timeline

I'll rephrase my question. :bonk:

Will all the incidents affect my friend's F2A petition because he only stayed a little over 6 months in the US and he's planning to leave again soon?

Thanks.

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Filed: Citizen (apr) Country: Ireland
Timeline

There could be issues, as they will look at his record of being in the US when they look at his petition for the wife and kids. How long does he plan to be outside the USA this time?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: F-2A Visa Country: Philippines
Timeline

When he comes back to the Philippines this coming November he doesn't know how long he's going to stay because it will depend on how long his eye treatment would take, that's why he decided to get a 2-year Re-Entry Permit so he won't lose his LPR status. :(

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Filed: K-1 Visa Country: Wales
Timeline

What will he be leaving behind in the US? Does he have accommodation?, you mentioned he does not drive so I guess no car.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: F-2A Visa Country: Philippines
Timeline

He will not lose his LPR status because of the reentry permit,

but his petition to his wife will be questioned,...


PD ~ June 18, 2009

IMMIGRANT VISA APPROVED ~ March 15, 2012

VISA ON HAND ~ March 21, 2012

TOUCHDOWN California ~ April 8, 2012

GREEN CARD ON HAND ~ April 27, 2012

DMV Written ~ May 1, 2012 (passed TAKE 1)

DMV Actual ~ May 21, 2012 (passed TAKE 1)

California Driver's License ON HAND - June 11, 2012

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Filed: F-2A Visa Country: Philippines
Timeline
What will he be leaving behind in the US? Does he have accommodation?, you mentioned he does not drive so I guess no car.

Right now, he's staying at his mom's house in the US (I'm not sure if his mom owns the place or renting it though).

He's not able to find a job in the US because of his eye condition.

All he has is his green card and SSN card as proof of US residency.

but his petition to his wife will be questioned,...

Do you think it will not be approved by USCIS?

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Filed: Citizen (apr) Country: Ireland
Timeline

We cannot tell you for sure, but I think it will be difficult both at USCIS stage and if he gets approved there, for her visa at embassy interview. His re-entry permit should protect him, but the visa for her is for family re-unification in the USA, and if he spends most of his time abroad, then that would not be needed.

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: F-2A Visa Country: Philippines
Timeline
We cannot tell you for sure, but I think it will be difficult both at USCIS stage and if he gets approved there, for her visa at embassy interview. His re-entry permit should protect him, but the visa for her is for family re-unification in the USA, and if he spends most of his time abroad, then that would not be needed.

I suppose you're right. It's hard to determine at this point whether they'll be approved or not.

I guess he has to come back to the US as soon as possible and establish a life there.

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Filed: Citizen (apr) Country: Ireland
Timeline

Yes; that is why I asked how long he plans to stay. If we are talking around one year, it should be ok because he will be back in the USA for about 1.5 years by the time she has her interview.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: F-2A Visa Country: Philippines
Timeline

up


timeline

Dec 11, 2012 >>>>>>>>>>>>>>>>>>>>>>>>>>>I-130 sent

Dec 14, 2012 >>>>>>>>>>>>>>>>>>>>>>>>>>>PD/NOA1

2013

July 23 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NOA2/I-130 approved

Aug. 26 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NVC received

Aug 30 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>DS3032 received

Sept 11 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>DS3032 sent

Sept11 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>AOS PAID

Sept 26 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>I V AP Fee Bill Invoice (via email)O

Oct 24. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>IV FEE PAid

Oct 28 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>DS 260 sent

2014

Feb 11, 2014>>>>>>>>>>>>>>>>>>>>>>>>>>CC

April 03, 2014 >>>>>>>>>>>>>>>>>>>>>>>>>>> Interview (original date)

March 26, 2014>>>>>>>>>>>>>>>>>>>>>>>>>> Interview (rescheduled)

March 26, 2014>>>>>>>>>>>>>>>>>>>>>>>>>> Visa Approved

April 01, 2014>>>>>>>>>>>>>>>>>>>>>Visa on hand :dancing:

May 02, 2014>>>>>>>>>>>>>>>>>>>>>>>>>>>>>POE Lax :dancing: :joy: :dancing:

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Filed: F-2A Visa Country: Philippines
Timeline

Just an update. My friend already has NOA2. Their case is already at NVC. They only sent the DS261. The petitioner is still here in the Philippines. They are not sure if they will still pursue the F2A process.

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Filed: F-2A Visa Country: Philippines
Timeline

Just an update. My friend already has NOA2. Their case is already at NVC. They only sent the DS261. The petitioner is still here in the Philippines. They are not sure if they will still pursue the F2A process.

hopefully this wont affect the pettion while the petitioner is outside of USA as long as the permit still active


timeline

Dec 11, 2012 >>>>>>>>>>>>>>>>>>>>>>>>>>>I-130 sent

Dec 14, 2012 >>>>>>>>>>>>>>>>>>>>>>>>>>>PD/NOA1

2013

July 23 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NOA2/I-130 approved

Aug. 26 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NVC received

Aug 30 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>DS3032 received

Sept 11 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>DS3032 sent

Sept11 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>AOS PAID

Sept 26 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>I V AP Fee Bill Invoice (via email)O

Oct 24. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>IV FEE PAid

Oct 28 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>DS 260 sent

2014

Feb 11, 2014>>>>>>>>>>>>>>>>>>>>>>>>>>CC

April 03, 2014 >>>>>>>>>>>>>>>>>>>>>>>>>>> Interview (original date)

March 26, 2014>>>>>>>>>>>>>>>>>>>>>>>>>> Interview (rescheduled)

March 26, 2014>>>>>>>>>>>>>>>>>>>>>>>>>> Visa Approved

April 01, 2014>>>>>>>>>>>>>>>>>>>>>Visa on hand :dancing:

May 02, 2014>>>>>>>>>>>>>>>>>>>>>>>>>>>>>POE Lax :dancing: :joy: :dancing:

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