Help : F2A should go to US soon?

[ery_tan 0]

I am an LPR. Since the F2A is current this August, i want to file a petition for my spouse.

If she get the green card in 8 months, Does she really have to go to the US right away after getting the green card?

The problem is my spouse is in Australia with working visa, so need to work with sponsored employer for few years.

Please help me, what to do ...

Thank you

[apple21 953]

I am an LPR. Since the F2A is current this August, i want to file a petition for my spouse.

If she get the green card in 8 months, Does she really have to go to the US right away after getting the green card?

The problem is my spouse is in Australia with working visa, so need to work with sponsored employer for few years.

Please help me, what to do ...

Thank you

How long is a "few years" that your wife has to work in Australia?

[aaron2020 11,652]

I am an LPR. Since the F2A is current this August, i want to file a petition for my spouse.

If she get the green card in 8 months, Does she really have to go to the US right away after getting the green card?

The problem is my spouse is in Australia with working visa, so need to work with sponsored employer for few years.

Please help me, what to do ...

Thank you

First, she doesn't get a green card to go to the US. She gets an immigrant visa that allows her to immigrate to the US. Once she enters the US, then she gets her green card.

Second, a green card holder is required to live in the US. A green card holder who stays outside the US or lives outside the US will lose her green card status.

Third, it doesn't make sense to get you to get your wife a green card if she is working in Australia for the next "few years." She would lose her green card status for failing to live in the US.

[Penguin_ie 6,002]

When she gets her visa, she has 6 months to use it.

Once she immigrates, she gets the greencard and must spend the majority of her time inside the USA.

Considering you can become a US citizen after 5 years, and you say she needs to work for her employer for several years, it sounds like filing now is a waste of money.

[ery_tan 0]

Thank you so much for all who have helped me with your informations.

Few years is 4 years

[shabbera 7]

As long as your spouse maintains an address in the US after they get their green card, pay local taxes in the US on relevant earnings, and they frequent the US once every 6 months, they should have no problem.

Thank you so much for all who have helped me with your informations.

Few years is 4 years

If you apply for your spouse now, even though Priority Date is current in August, you still have to wait the long line for the I-130 to be accepted. Mine was accepted after a year and a half. After that it takes about 3-4 months for the interview process. Even after the interview they can put you into AP so you will have to wait some more. So I don't see why you should delay applying for your spouse.

As long as your spouse maintains an address in the US after they get their green card, pay local taxes in the US on relevant earnings, and they frequent the US once every 6 months, they should have no problem.

[ery_tan 0]

While waiting for her visa, can I (as a petitioner) use travel doc to live outside US ? or i have to be in US while her case is being processed.

Thank u

[Penguin_ie 6,002]

As a LPR, you must reside inside the USA or risk loosing your greencard. You can travel to see her, for several months even, but you cannot reside abroad.

[n4th4ly4 9]

Penguin_ie is right.. you as LPR can visit your wife and stay outside USA. and u can stay outside USA for les than a year .

my husband back to Surabaya for 2years and able to come back to NY because of travel document.

u can stay with your wife as long as u don't reside for more than 1year. your GC will get restart.

Edited August 1, 2013 by n4th4ly4