Can i go back to my country after i get cr1 visa

[Farah1234 0]

My husband is a us citizen and and I am currently waiting for the interview it will be next month . If i get the visa we planning to enter the us for 2weeks and go back to my country tunisia Bc i still have to finish my school  (2 to 3 years )to get my medical degree i cant drop out after 6 years of hard work . If i get the CR1 visa will i be able to go go back and forth to the usa or its not going to work and i will have to apply for cr1 again  ? I read somewhere u can leave once u enter the us but not more than a month I am really confused about this whole situation .does anybody has information about this.thanks

[larnar1309 101]

You can leave for no longer than 6 months in one go. If you are outside the US for 6 months in one go I think you have to re apply. 

[Jeanne Adil 1,651]

without the green card????

[Lemonslice 4,583]

Will your degree be recognized in the USA? If not, would it make more sense to try to transfer into an American program?

[EandH0904 1,184]

Remember also, your Tunisian medical degree may or may not meet US standards. I've been an RN for 15 years and have run into many physicians who were seasoned doctors in their country for years but had to redo certain classes or residencies in the US due to different education received. 

[Farah1234 0]

thanks for replying

yes its not recognized there the only way to get into a program in the us is by taking the 3 steps  .but you have to get your final diploma 

[SabRob 154]

https://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf 

 You might be able to apply for a re-entry permit (I-131) which seems to be valid for 2 years from the date it was issued. You have to be physically present in the US at the time of filing (for biometrics), but I'm sure processing takes way more than 2 weeks. And if you want to leave after the biometrics appointment you can request that they send the permit to your embassy so you can pick it up in your country. I'm not sure how a 2-3 year absence from the US would affect your status as an LPR.

Edited November 16, 2017 by SabRob

[Farah1234 0]

12 hours ago, SabRob said:

https://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf 

 You might be able to apply for a re-entry permit (I-131) which seems to be valid for 2 years from the date it was issued. You have to be physically present in the US at the time of filing (for biometrics), but I'm sure processing takes way more than 2 weeks. And if you want to leave after the biometrics appointment you can request that they send the permit to your embassy so you can pick it up in your country. I'm not sure how a 2-3 year absence from the US would affect your status as an LPR.

Thank you 

[Vincent & Alejo 72]

13 hours ago, SabRob said:

https://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf 

 You might be able to apply for a re-entry permit (I-131) which seems to be valid for 2 years from the date it was issued. You have to be physically present in the US at the time of filing (for biometrics), but I'm sure processing takes way more than 2 weeks. And if you want to leave after the biometrics appointment you can request that they send the permit to your embassy so you can pick it up in your country. I'm not sure how a 2-3 year absence from the US would affect your status as an LPR.

I believe being gone that long would be considered abandonment of residency and would be up to the Port of Entry officer to determine if they should be allowed to reenter. However, if issued a CR-1 VISA, when applying for removal of conditions at the two year mark may prove difficult since there was never any residency in the country. 

[geowrian 22,336]

5 hours ago, Vincent & Alejo said:

I believe being gone that long would be considered abandonment of residency and would be up to the Port of Entry officer to determine if they should be allowed to reenter. However, if issued a CR-1 VISA, when applying for removal of conditions at the two year mark may prove difficult since there was never any residency in the country. 

That's what the re-entry permit aims to protect against. A re-entry permit is valid for up to 2 years, and can be renewed once. That said, while a re-entry permit creates a presumption that you are not abandoning residence solely on the basis of time spent abroad, entry is still at the discretion of CBP. If they determine that residence was abandoned anyway, then they will refer them to an immigration judge to revoke LPR status.

If the OP went this route, they would need to be sure to create and work hard to maintain ties to the US...not easy (IMHO) with such a short stay. It really raises the question of why go for an immigrant visa if you aren't ready to live in the US? A green card is not for visiting the US.

 

ROC can be filed from abroad (albeit needs to go through biometrics and probably an interview in the US). I'm assuming the OP's spouse will be living in the US during this time since the purpose of the CR-1 visa is family reunification in the US (hence why the USC must have or show sufficient intent to establish US domicile in cases where they are living abroad). As such, showing a bona fide marriage could become quite difficult.

[Ryan H 3,796]

Moved from IR-1/CR-1 Progress Reports to Working & Traveling During US Immigration forum.

[SusieQQQ 11,585]

23 hours ago, geowrian said:

That's what the re-entry permit aims to protect against. A re-entry permit is valid for up to 2 years, and can be renewed once. That said, while a re-entry permit creates a presumption that you are not abandoning residence solely on the basis of time spent abroad, entry is still at the discretion of CBP. If they determine that residence was abandoned anyway, then they will refer them to an immigration judge to revoke LPR status.

If the OP went this route, they would need to be sure to create and work hard to maintain ties to the US...not easy (IMHO) with such a short stay. It really raises the question of why go for an immigrant visa if you aren't ready to live in the US? A green card is not for visiting the US.

 

ROC can be filed from abroad (albeit needs to go through biometrics and probably an interview in the US). I'm assuming the OP's spouse will be living in the US during this time since the purpose of the CR-1 visa is family reunification in the US (hence why the USC must have or show sufficient intent to establish US domicile in cases where they are living abroad). As such, showing a bona fide marriage could become quite difficult.

^ on the mark, it doesn’t make sense to get the green card now and jump through all the hoops of maintaining it abroad. Why not just apply again closer to when you’ll graduate?

 

(btw I understood a REP could be renewed twice, but that the second renewal is for one year only to give you a maximum of 5 years out the country.)

Edited November 17, 2017 by SusieQQQ

[Farah1234 0]

2 hours ago, SusieQQQ said:

^ on the mark, it doesn’t make sense to get the green card now and jump through all the hoops of maintaining it abroad. Why not just apply again closer to when you’ll graduate?

 

(btw I understood a REP could be renewed twice, but that the second renewal is for one year only to give you a maximum of 5 years out the country.)

So what do you think i should i dont go the interview ?