Being Abroad for Work when the Case is Being Processed

[N&M2013 0]

Hello Everyone!

I am not sure if it is the right forum to post, but I am posting here anyways. Even though I just opened an account, I have visited this site a few times.

I am planning to get married in May and then come back to the U.S. and file for IR-1/CR-1. However, I may leave for a job assignment out of the country. I am not sure about the exact during of the job. It could be anything from a year to two.

If the petition is approved here in the U.S. and forwarded to the embassy, what happens if I am already out of the country? Will the embassy reject the case? I would like to get everything done so that she can come back with me to the U.S. if my contract unexpectedly gets terminated due to any reasons such as change in economy, etc. Please help!

Thanks,

[Penguin_ie 6,001]

You can file now and then stall at NVC stage by taking your time sending back documents etc, or by requesting a later interview date. Once you have an approx date when you will return, get the medical and interview done and she will have 6 months to use the visa once issued. The problem is there is an unknown- people from your part of the world often get AP (additional security checks after interview), which can last for anything from a few weeks to months or, arely, more than a year.

[N&M2013 0]

You can file now and then stall at NVC stage by taking your time sending back documents etc, or by requesting a later interview date. Once you have an approx date when you will return, get the medical and interview done and she will have 6 months to use the visa once issued. The problem is there is an unknown- people from your part of the world often get AP (additional security checks after interview), which can last for anything from a few weeks to months or, arely, more than a year.

thank you for the response. So, she cannot get her visa so that she can enter the U.S. and then get advanced parole and get out of the U.S?

[Penguin_ie 6,001]

Not if you, the petitioner, are not residing in the USA, because the visa is for family re-unification and if you don;t establish domicile in the USA nbefore or at the same time she is entering, the visa will not be allowed. The other problem with that plan is that once she uses the visa, she gets a greencard and that is a legal permanent resident card, ie she is supposed to live inside the USA for most of any given year.

[N&M2013 0]

Not if you, the petitioner, are not residing in the USA, because the visa is for family re-unification and if you don;t establish domicile in the USA nbefore or at the same time she is entering, the visa will not be allowed. The other problem with that plan is that once she uses the visa, she gets a greencard and that is a legal permanent resident card, ie she is supposed to live inside the USA for most of any given year.

Thanks a lot.