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Posted

My wife was offered a position in the UK for 1 year and has moved there to accept it - she has taken our daughter with her so they are both overseas.

I am still here in the US and working, and am about to undergo my biometric appointment in 2 weeks time, and thinking so many crazy ideas that give me the jitters!! I don't want to swear truth on documents which may now need updating - or does her being overseas not matter?

What will USCIS think about my wife (and sponsor!) living out of the US for a long period of time?

What is the opinion of USCIS if I go over to the UK to visit for any period of time?

Is there any paperwork that I need to submit or adjust in order to keep everything open and above board? I have read a lot about the I-131 but I don't know enough to understand whether this is the paperwork for us.

We don’t want this situation to adversely effect our application process!

If I can give any information which would allow a clearer answer please don’t hesitate to ask.

Any help would be gratefully appreciated!

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

***** Moving from CR-1 to ROC forum as question is about that part of the process ******

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

You may need to show that your wife being overseas is temporary. The point of family-based green cards is for family reunification, and if your wife isn't here then that somewhat undermines the point of them.

You can safely be abroad for up to six months without issue; between six months and twelve months may need you to show proof of maintained residency to CBP when you attempt to re-enter; over 12 months outside the US would require a re-entry permit. However, any re-entry permit given to a conditional LPR would only be valid up to the expiry date of your existing two year green card, so at this point would likely be pointless.

Obviously, if you were both called to a joint I-751 interview you would both need to attend, or likely your application would be denied.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
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