Moving to other country while your case under process

[BCN_CAL 0]

Dear All,

We applied for IR-1 and my American citizen wife filled in I-130 petition.

Now, we both are living in Spain as student. Last week my I-130 petition is approved and they sent the case to NVC on 16 of November.

But now our situation is changed and I got research position in Sweden for 4 years and I should start my study there from 1st of January 2013.

My questions are:

1. If we move to Sweden how we can inform NVC that our address is changed? is it also necessary to inform USCIS about it?

2. Can I get my immigration visa in Sweden and travel to USA for short time about 1-2 months (during summer vacation) for Green Card and social Security Number and then come back again to follow my study?

3. Is it compulsory to stay in USA after I receive the green card? for how long? (or I can come back and follow my education in Sweden?)

Actually, I wan to finish my education and then we are going to move to USA. But I don’t want to lose what I have done for our immigration so far.

Thanks for your help,

BCN-CAL

[jaycali 415]

Dear All,We applied for IR-1 and my American citizen wife filled in I-130 petition.Now, we both are living in Spain as student. Last week my I-130 petition is approved and they sent the case to NVC on 16 of November.But now our situation is changed and I got research position in Sweden for 4 years and I should start my study there from 1st of January 2013.My questions are:1. If we move to Sweden how we can inform NVC that our address is changed? is it also necessary to inform USCIS about it?2. Can I get my immigration visa in Sweden and travel to USA for short time about 1-2 months (during summer vacation) for Green Card and social Security Number and then come back again to follow my study?3. Is it compulsory to stay in USA after I receive the green card? for how long? (or I can come back and follow my education in Sweden?)Actually, I wan to finish my education and then we are going to move to USA. But I don’t want to lose what I have done for our immigration so far.Thanks for your help, BCN-CAL

1. Call the NVC at +1 603 334 0700.

2. Yes, but if you leave the US again and stay outside the US for more than 6 months, your green card is likely to be considered abandoned.

3. Yes and no. The entire point of a green card is to live in the US. That being said, you are free to travel. Again, if you stay outside the US for more than 6 months, or actually spend more time outside the US than in the US, your green card is likely to be considered abandoned.

If you do not plan to move to the US immediately, I would leave your file at the NVC for now. The NVC will keep your file open for 1 year, meaning you have 1 year to act on it. If you don't do anything with it for about 10 months, you may be able to get an interview scheduled about a year from now - and you may contact the US embassy to reschedule your appointment for a later date at that time. In addition, after the interview, your visa is valid for 6 months, meaning you do not have to enter the US immediately.

Edited November 26, 2012 by Jay Jay

[IT_1 0]

1. Call the NVC at +1 603 334 0700.

2. Yes, but if you leave the US again and stay outside the US for more than 6 months, your green card is likely to be considered abandoned. 6 month is not correct, He will need to come back to US with in year.3. Yes and no. The entire point of a green card is to live in the US. That being said, you are free to travel. Again, if you stay outside the US for more than 6 months, or actually spend more time outside the US than in the US, your green card is likely to be considered abandoned.

If you do not plan to move to the US immediately, I would leave your file at the NVC for now. The NVC will keep your file open for 1 year, meaning you have 1 year to act on it. If you don't do anything with it for about 10 months, you may be able to get an interview scheduled about a year from now - and you may contact the US embassy to reschedule your appointment for a later date at that time. In addition, after the interview, your visa is valid for 6 months, meaning you do not have to enter the US immediately.

[Dave&Roza 748]

Dear All,

We applied for IR-1 and my American citizen wife filled in I-130 petition.

Now, we both are living in Spain as student. Last week my I-130 petition is approved and they sent the case to NVC on 16 of November.

But now our situation is changed and I got research position in Sweden for 4 years and I should start my study there from 1st of January 2013.

My questions are:

1. If we move to Sweden how we can inform NVC that our address is changed? is it also necessary to inform USCIS about it?

2. Can I get my immigration visa in Sweden and travel to USA for short time about 1-2 months (during summer vacation) for Green Card and social Security Number and then come back again to follow my study?

3. Is it compulsory to stay in USA after I receive the green card? for how long? (or I can come back and follow my education in Sweden?)

Actually, I wan to finish my education and then we are going to move to USA. But I don't want to lose what I have done for our immigration so far.

Thanks for your help,

BCN-CAL

This is one of those sticky situations. You must maintain US RESIDENCY as a GC holder. RESIDENCY and physical presence can be two seperate things. Of course if you are in the US then you are also maintaining your residency. Being a student outside the US is possible as long as your intent is to be a US resident. Where will your USC spouse be residing while you are in Sweden? If she is not in the US, then your claims to US residency are not valid. I would look at it this way: Where do you intend to live after the 4 years of study? If it is not the US or you have not decided, then I would recommend you not get the GC until you are done studying. If your wife is going to move to the US and begin living there, then you can maintain residency by showing that you are studying in Sweden, but have a perment home in the US with ties and all that. It is more complicated, but doable. If you come back to the US during the long breaks, that will show you are only in Sweden for school and not living there and coming back to the US just to keep the GC.

You may want to go o the USCIS website and look at the resposibilities for a LPR and decide if/when you want to get the GC.

Good luck,

Dave

[velrich 50]

SEE BELOW:

A green card holder is not supposed to stay out of the U.S. for extensive amounts of time. According to the law, the maximum admissible period out of the U.S. is "one year less one day, counting from the day that you left the U.S." USCIS officials generally send to secondary inspection those Green Card holders who spend over 6 months outside the U.S.A. If, for any reason, you need to be outside the U.S. for more than one year, you must request a "Reentry Permit" from USCIS. The Reentry Permit is a permission to stay outside of the U.S. for a maximum of two years without losing your LPR status. You must request this in person from USCIS in the US before you leave to go abroad.