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

[Lauralema 0]

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

[canadian_wife 1,791]

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?!?!?

[Lauralema 0]

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?

[canadian_wife 1,791]

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

[Lauralema 0]

Thanks again, I will review I864

Although I really hope you are wrong

[milimelo 4,191]

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?

[Lauralema 0]

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.

[tanithw 5]

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

[aaron2020 11,651]

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 December 26, 2012 by aaron2020

[Lauralema 0]

Thank you all, specially Aaron, what you say makes a lot of sense.

[bigdog 376]

Good Luck with this.