Sponsor leaving US after Petitioner enters on IR-1

[Eastgate12 0]

Hello,

I am a USC filing for my husband (married 7 yrs) to get a green card. We have been living abroad for 3 years. I am aware that the petitioner must enter the US on IR-1 Visa with the sponsor (or the sponsor must already be in the US). As soon as my husband gets the OK to come to America we have to drop everything and leave because there might be a pending job offer that would not be there if he were to wait, so he needs to go ASAP.

I, however have 3 small children in school, and a house full of stuff here in Bahrain so I would need some additional time (5-6 months) to be able to move permanently back to the US. My question is can (the sponsor) leave the US a couple of days after entering with the petitioner on the IR-1 and come back to where we were previously residing in order to tie up loose ends or will the immigration look badly upon this? Thanks for your help.

Edited July 7, 2013 by ummtimo

[Penguin_ie 6,000]

Yes you can. You must show at the interview that you intend to re-establish domicile in the USA (looking for a home to live in, maybe enroll kids in school for the next school year), but you are allowed to travel and tie up loose ends.

Keep in mind that if you are filing now/ soon, chances are he will get his visa in late spring 2014, so school will be out soon anyways...

[Eastgate12 0]

We have filed and they just received the 230 and 864, so just waiting for the interview. That should take until Spring 2014? I thought once the NVC looked over the paperwork they sent it to the local embassy (Bahrain) who then handles the rest such as making sure everything is there and the interview and barometric, etc.

Also do I need to mention this in the Bahrain interview or when coming in to the US with him? I should also mention that this is his second green card, he had one but due to unforeseen events we had to stay out of the country for over two years so we we-applied for another one. Thanks.

[Penguin_ie 6,000]

No that should't take so long. You have no timeline so I didn't know where you were on the visa journey... please fill in your timeline, it will help people give better answers to your questions.

[pushbrk 13,625]

We have filed and they just received the 230 and 864, so just waiting for the interview. That should take until Spring 2014? I thought once the NVC looked over the paperwork they sent it to the local embassy (Bahrain) who then handles the rest such as making sure everything is there and the interview and barometric, etc.

Also do I need to mention this in the Bahrain interview or when coming in to the US with him? I should also mention that this is his second green card, he had one but due to unforeseen events we had to stay out of the country for over two years so we we-applied for another one. Thanks.

You do not need to mention your plans. As long as the immigrant establishes and maintains residency in the USA, they can travel as needed, and you as the US Citzen are under no travel restrictions related to your spouse's immigration except to enter the USA prior to or at the same time as your immigrating spouse. For maintaining permanent resident status requirements, Google "Mainaining permanent resident status US".

To be clear, please refer to yourself as the "petitioner" not the "sponsor". YOU are both, but not all "sponsors" are the "petitioner".

Since this will be an IR1 visa, there are no conditions to remove in two years. For a CR1 case, your plans could be problematic, but not disqualifying. Do what you need to do.

[Eastgate12 0]

Thank you for the feedback! I am just worried that if the immigration notices I have left they will deport my husband because he is staying under the condition that I, the petitioner, have domicile in the US. So I fear it will look bad if I enter the country with him when he is on his IR-1 and then leave 3 days later for 5-6 months.

[pushbrk 13,625]

Thank you for the feedback! I am just worried that if the immigration notices I have left they will deport my husband because he is staying under the condition that I, the petitioner, have domicile in the US. So I fear it will look bad if I enter the country with him when he is on his IR-1 and then leave 3 days later for 5-6 months.

Domicile is required. Living in the domicile is not. It's an IR1 case. As such, the "they" about to which you worry about "looking bad" will not be aware of the comings and goings of the US Citizen after preceding or accomanying their immigrant spouse to the USA. Just tend to maintaining the immigrant's resident status.