Both Living Abroad and no DCF Option

[STEPHEN De 0]

My wife and I married and live in Panama. There no longer exists an office for DCF at the Embassy. We filed through the normal process at USCIS Lockbox and the I-130 was approved in 65 days this past week. (March 20, 2013). She is Colombian so we will be going to Bogata for the Visa Interview. However, i am unclear how we handle it after that. My understanding is that she must enter the US in less than 6 months and file a Change of Status. Then a green card is issued and then she can travel again but not before. I don't have close family members she can stay with so she'll be living in a hotel or with friends waiting for the time when she can travel. Does anyone know if there is an exception available to individuals that live and work abroad so we don't have to be seperated for a month or more? Any insights would be welcome.

[preetygirl 1]

Congratulation..... Was your case processed at National Benefit Center??

[JohnR! 5,495]

My wife and I married and live in Panama. There no longer exists an office for DCF at the Embassy. We filed through the normal process at USCIS Lockbox and the I-130 was approved in 65 days this past week. (March 20, 2013). She is Colombian so we will be going to Bogata for the Visa Interview. However, i am unclear how we handle it after that. My understanding is that she must enter the US in less than 6 months and file a Change of Status. Then a green card is issued and then she can travel again but not before. I don't have close family members she can stay with so she'll be living in a hotel or with friends waiting for the time when she can travel. Does anyone know if there is an exception available to individuals that live and work abroad so we don't have to be seperated for a month or more? Any insights would be welcome.

Steve, unless you are planning to take up residence in the US, it would be unwise to go through with the I-130 for your wife. In order for your wife to keep her green card - once it is issues - she will have to maintain residence in the US. She can't use it as a placeholder until the time she is ready to move.

The only insight I can offer you is that she will not need a greencard until such time when both of you are ready to move back to the US and for that reason you might consider waiting until a time when you are closer to make that decision beofre you move forward with the I-130 process.

Incidentally, at the end of the I-130 she will receive an immigrant visa - which is as good as a greencard - and she will be able to travel with that for one year. In that sense she can land on the US one day and leave the next, however, if she does so chances are she will end up losing her greencard. In addition there is a requirement that you be in the country before she arrives.

Edited March 25, 2013 by Gegel

[Saylin 1,605]

My wife and I married and live in Panama. There no longer exists an office for DCF at the Embassy. We filed through the normal process at USCIS Lockbox and the I-130 was approved in 65 days this past week. (March 20, 2013). She is Colombian so we will be going to Bogata for the Visa Interview. However, i am unclear how we handle it after that. My understanding is that she must enter the US in less than 6 months and file a Change of Status. Then a green card is issued and then she can travel again but not before. I don't have close family members she can stay with so she'll be living in a hotel or with friends waiting for the time when she can travel. Does anyone know if there is an exception available to individuals that live and work abroad so we don't have to be seperated for a month or more? Any insights would be welcome.

On an IR-1/CR-1 visa, you immigrate to the US before the visa expires (which is typically 6 months from issuance).

For IR-1/CR-1s, there is no "Change of Status". I'm assuming you're referring to Adjustment of Status (AOS) which is done by K1s (fiance visas). So, once in the US after endorsing the visa, your wife will be a permanent resident. She can travel as she pleases as soon as she arrives. Heck, she can turn around the same day and travel back to Panama or Columbia if she wants to. There's no restriction on travel for those immigrating on an IR-1/CR-1 visa. You're mistaking it with K1 immigrants where they're not allowed to travel until they get a green card (which is after a successful AOS process) or they apply for and receive AP (Advanced Parole). But, again, this doesn't apply to your wife, as she'll be arriving on an IR-1/CR-1 visa.

And why exactly would you two be separated? Are you staying there after she moves to the US?

[Darnell 8,478]

Cool ! More doc intake and fee-taking at NVC.

After the visa stamp is in her passport,

once she hits the POE, another stamp is made, and

it's these two stamps that turn her visa into a 1 year temporary I-551 document, a temp green card. She can then travel/transit in and out of the USA on her own schedule, for 1 year.

No Adjustment of Status path for her, so that's a plus, as she's coming in on an Immigrant Visa.

Go Get Busy at NVC, when it's yer turn up to bat !

re: waiting and turn-around time -

Technically, once she hits the USA POE, she can turn around and leave the USA the same day. Entering triggers the green card production and subsequent mailing to the postal address listed on the DS-230. Prolly best to use a relative's address there, aye?

Edited March 25, 2013 by Darnell

[NikLR 13,220]

Just want to add, you will have to accompany or precede your wife into the USA. You cannot remain in Panama (or wherever you live) while your wife has US permanent residency. Also she must spend more time in the USA than out of it or they can take away her legal permanent residency.

[ndu26 114]

Just want to add, you will have to accompany or precede your wife into the USA. You cannot remain in Panama (or wherever you live) while your wife has US permanent residency. Also she must spend more time in the USA than out of it or they can take away her legal permanent residency.

while she can turn around and go back to panama next day, too frequent trips outside with longer stays out than in the United States could trigger a closer surveillance and potential loss of the permanent residence. I have had people who were told so at the POE due to such patterns. You are given the GC to live in the U.S not as a multiple entry visa.

[STEPHEN De 0]

Congratulation..... Was your case processed at National Benefit Center??

Yes it was the National Benefit Center.