Wife and I are separating during my IR-1 VISA application

[knowltz 1]

Hello Visa Journey,

I am in the final processing of my Visa application with the NVC, and soon I should have my consulate appointment letter and medical.

To keep the story short, my wife and I have been married for over 3 years, and are separating. She plans on moving back to the US come January. I was looking forward to moving to the US, and still want to move to the US, but financially and logistically I won't be able to move there for at least 2-3 years from now.

I have heard of a re-entry permit, but I'm not sure if that would be valid in my case. What would be the most ideal way to move to the US in the next few years if I get approved for a temporary visa at the consulate. Should I go through wit the rest of my process, or should I stop and cancel my Visa application.

Can anyone give me any insight on this?

Thank you

[Gosia & Tito 199]

Hello Visa Journey,

I am in the final processing of my Visa application with the NVC, and soon I should have my consulate appointment letter and medical.

To keep the story short, my wife and I have been married for over 3 years, and are separating. She plans on moving back to the US come January. I was looking forward to moving to the US, and still want to move to the US, but financially and logistically I won't be able to move there for at least 2-3 years from now.

I have heard of a re-entry permit, but I'm not sure if that would be valid in my case. What would be the most ideal way to move to the US in the next few years if I get approved for a temporary visa at the consulate. Should I go through wit the rest of my process, or should I stop and cancel my Visa application.

Can anyone give me any insight on this?

Thank you

The type of process you are leads to a GC upon entering the US; which in turn implies maintaining residence (living) int eh country for a a minimum number of days per year (that I think is at least 6 months, but not sure). Since you mention not being able to get in the country for several years, I would think it will be difficult at best.

Besides the logistics, there is a presumtion that you are married and the situation seems to suggest that soon you will not or at least, you will not be in the short term; which then I believe is sufficient to deny your visa (assuming of course that all facts are put forth in front of the consular officer).

I'm not expert and other wil probably chime in, but I think your instinct is right and you would be better stopping the process.

Of course, separating is not same as divorce. Is this a trial separation or the intent is to divorce without question?

The only reason I'm asking is because some couples separate temporarily and then get back together.

[Shiobhan 235]

If your wife is leaving U for good , marriage over , U no longer have a valid reason to

obtain a GC no matter how far along the process,,,she obviously have no intention of

helping U any further so don't try to get over on USCIS or U will get banned for lying

just go back to visiting as B4 since U R Canadian by officially advising them to stop

the process

[jaycali 415]

Gosia & Tito gave you some very good input. There is no requirement that your marriage is a happy marriage but it must be a bona fide marriage nonetheless. The consulate will not issue a visa to you if you are intent on heading for divorce before your visa is issued. Separation.. Many couples come back from separation and this becomes more tricky. All in all however, this visa is granted to you on the presumption that the marriage was entered into in good faith, and that you still intend to live together as husband and wife - At the very least that you intend to repair a damaged marriage.

Edited November 1, 2013 by jaycali

[NigeriaorBust 4,087]

If your wife has left I doubt she is going to sign an affidavit of support that makes her responsible for you for 10 years. You need to contact NVC and tell them your marriage is over and you wish to terminate the process. Proceeding is immigration fraud and you could be banned for life from even visiting

[knowltz 1]

In my current situation, our landlord has sold the house and we have 60 days to vacate the property. It forces my wife an I into a difficult situation as we are near the end of our NVC process, we have paid all the fees, and filed all the necessary paperwork and supporting docs. But we have yet to hear back from NVC, and the clock is ticking. As the days pass I'm to assume that my interview at the Consulate in Montreal will be after the date we have to vacate. If that is the case, can my wife (American) get us a place in the US, and I can follow at a later date? Is that a problem with my POE procedure? Would I have to be on the lease as well?

Any help or pointers would be very helpful.

Thank you

[NigeriaorBust 4,087]

Are you the one that was separating from your wife a few hours ago ?

[knowltz 1]

My personal life is not up for discussion in this forum. I simply have a question.

[Hollyday 122]

You have 6 months to enter the US, will this not be enough?

[Ontarkie 13,924]

~~Similar post merged, Do not start another thread for the same or similar question.~~

[Hollyday 122]

~~Similar post merged, Do not start another thread for the same or similar question.~~

Duh, i thought i was seeing things. Just a minute ago there were two posts and i was replying to a different one!

[knowltz 1]

I just want to give an update to my OP. My wife and I are going though some issues with life, and our current situation with things other than our relationship are stressful. Earlier we were contemplating living separately because of our situation. We still love each other and want to be together. She really wants to move back to the US, and I do to. But my OP was simply a question to see what kind of responses I get in a worst case scenario like a separation, but still married.

Thank you for your responses, but separation is probably not a legitimate option.

[knowltz 1]

You have 6 months to enter the US, will this not be enough?

So you are saying that she can move to the US, and I can move in with her at a later date, as long as 6 months have not passed?

[Ozz777 23]

So you are saying that she can move to the US, and I can move in with her at a later date, as long as 6 months have not passed?

No, you have six months from the time you are granted the visa at the consulate to immigrate to the US, it has nothing to do with when your wife arrived in the US.

[NikLR 13,220]

So you are saying that she can move to the US, and I can move in with her at a later date, as long as 6 months have not passed?

Your wife can move to the USA at anytime as she is a USC. You have 6 months from the medical date, if your visa is approved, in which to move to the USA. Most of us do not complete this process together. My husband lived in the USA the entire process and I was in Canada. We were able to visit but there are some who don't even have that.