Moved back to Honduras before resubmitting NVC documents

[motoperpetuo 3]

My Honduran wife came to the US in April of 2016 on a tourist visa and had our baby a few months later. In Septemeber of 2016, I paid the fees and sent in our documentation to the NVC. Shortly thereafter, my wife decided that she wanted to return to Honduras, so I returned with her and got a job, doing IT support for the US military through a DOD contractor. We are planning on staying here for at least a year or two.

 

In November of 2016, I got notice from the NVC that the birth certificate and marriage certificates we submitted were not of the correct type and that we need to check the reciprocity section of the NVC website. Since we're together in Honduras for now and I have all kinds of other paperwork to focus on (taxes, getting our baby Honduran residency, etc.) I put my wife's immigration papers on the back burner for a few months.

 

My question is, what happens when I resubmit the birth certificate and marriage certificate and they are accepted? I know an embassy interview is the next step, and I assume that will go well, but once she gets her CR-1 visa, is there some way for her to get US residency while we're actually living in her home country for the foreseeable future? 

[Unlockable 7,306]

When are you planning to return to the US? US Permanent residency is just that... a residency. If you are not going to be living in the US then a permanent residency (GC) is not for you.

 

But if you are sure you are going to be returning in a couple of years or so you can delay the process until that time. You will have to keep in contact with NVC annually to let them know you want the case active. When it comes time you will have to show that you will establish domicile in the US.

[KierenHby 897]

3 hours ago, motoperpetuo said:

 

My question is, what happens when I resubmit the birth certificate and marriage certificate and they are accepted? I know an embassy interview is the next step, and I assume that will go well, but once she gets her CR-1 visa, is there some way for her to get US residency while we're actually living in her home country for the foreseeable future? 

She cannot obtain Permanent Resident status until she is ready to reside permanently.. in the US. 

 

One of the requirements for an IR-1 visa is USC spouse' US domicile and funds\income to support the intending immigrant. About a year before she is ready to live in the US, you begin the process for her IR1 visa, a one-time use visa to enter the US. Once she enters, her status changes to perm resident. She then has to spend the majority of her time residing in the US. 

[Amshep 0]

Also, after your wife gets the CR-1/IR-1, I think she must travel to USA in the next 6 months

[Ryan H 3,791]

21 hours ago, motoperpetuo said:

is there some way for her to get US residency while we're actually living in her home country for the foreseeable future? 

No

[Ryan H 3,791]

**Off topic post contributing nothing to the discussion removed.**

[motoperpetuo 3]

On 3/11/2017 at 2:53 PM, NuestraUnion said:

When are you planning to return to the US? US Permanent residency is just that... a residency. If you are not going to be living in the US then a permanent residency (GC) is not for you.

 

But if you are sure you are going to be returning in a couple of years or so you can delay the process until that time. You will have to keep in contact with NVC annually to let them know you want the case active. When it comes time you will have to show that you will establish domicile in the US.

Thank you, I like this idea and hope you are right (one of the other commenters said that moving overseas while in the CR1 process is considered abandoning the process). We'll probably be back in the US in a year or two, so hopefully I can keep our case open and avoid paying fees again and resubmitting documents.

[motoperpetuo 3]

Thanks to everyone who replied. I appreciate your help.