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Lauralema

CR1 granted, can I move to the US while the USC lives abroad?

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Hi,

I had the interview for my Conditional Spouse Visa a few days ago and they told me that they had to review the whole case as they didn't know that my husband (USC) is living in Lithuania, we both are, we were supose to move to the US in a few months but it seems that the work is going to last longer so the Embassy told me that it would be convenient if I decided to postpone the issue of my visa and keep the case open for a year until we know for sure when we will move to the US, but my question is: my husband will most likely stay in Lithuania working at least for a year more and I don't want to start the whole process all over again so would it be possible if I move to the US alone and settle there till my husband's job is over when he can come to join me?

Thanks!!

Laura

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I believe part of the I864 is that the immigrant will move no later than the returning USC

Good luck

If this wasn't a requirement, could you imagine the fraud?!?!?


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Thanks for the answer but I'm not sure if I get it.

I would be moving to the US before the USC so according to you it would comply whith I864, but can I live in the US if my husband doesn't know for sure when he will move permanently to the US?

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Review the I864, all you need is in there but I don't think you can move before the USC. The USC has to move with or before you.

Someone will correct me if I am wrong

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Not possible. You can come at the same time or after your USC spouse, but not ahead of him. The embassy can hold off on issuing your visa for another year I believe. After that, you start over. WHY wasn't it previously disclosed that your husband is living and working in Lithuania?


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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It was disclosed!!, in fact my husband has not lived permanently in the US for the past 7 years and I made it clear in both in I-130 and I864, that's why I was so surprised when they told me at the interview that they would have to review the whole case again. The only thing is that we said in both applications that most likely we would move to the US in a few months when in the end it's going to take longer.

We started the process because some of my husband's workmates married their spouses while we were living in Indonesia and the applied for their wife's visas while they live outside, after that the wifes had to live in the US at least for a year while their husbands (USC) were working abroad, that's why I believe there is a chance of doing it, although we got married in the US and maybe it does make a difference.

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Probably what happened in those cases was that they and the USC moved back to America, established a residence and then the husband moved back abroad for the duration of the job - or the wife already had a green card.

Perhaps you should consult an attorney


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Here's the law; the immigrant must enter with or after the petitioner. The immigrant cannot enter with an immigration visa if the petitioner is not living in the US.

One of the most important requirements of the I-864 is that the petitioner be domiciled in the US. Your husband will not be able to meet this requirement if he lives in Lithuania while you immigrate US. Therefore, he must move with you. However, there's no rule that says he can't move back to Lituania after you get your green card upon entering the US. He could move back after you settle in the US.

Remember that family based immigration is about reuniting families. Granting you an immigration visa and allowing you to come to United States would mean separating you and your husband. This is why your husband must return to the US when you immigrate.

Edited by aaron2020

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