Green card thru DCF, only stay in US <60 days per year

[OzgAW 0]

My wife has been denied a tourist visa due to lacking social and economic ties to her country. We want to visit the US to be able to spend time with family, but it is looking like the only option would be DCF, as we're eligible for that.

 

Has anyone had experience obtaining a green card, but only spending a month or two in the US each year for the first 2-3 years? I understand legally, this is allowed, but entirely up to the CBP upon arrival, but are there ways to ensure or increase the chances of entering the US, without staying there.

 

My wife and I(USC) plan on living in America, but my job requires me to be in China for the next 2ish years. - We just want to be able to visit the States together from time to time 😫

[Dashinka 23,236]

A GC is not really meant to be a multi-entry visitor visa.  That being said, if you are planning on relocating to the US in the next few years I suppose she could get by.

[JFH 12,189]

How will get past the “intent to establish domicile” requirement? 

[Just Paul 4,591]

Unfortunately there isn't a VISA for you situation, having already been denied for a tourist visa for lack of ties.

 

Getting a CR1 will be an issue since you won't really re re establishing domicile in the US.

 

If you plan on going back to the US in 2 years, the only real option is to wait 8 to 10 months and file for a spousal VISA the normal way thru the lockbox.  DCF will be gone next fiscal year.

 

If you could get past the domicile issue she could DCF to the US and obtain a re-entry permit that would cover her until the GC expires.

[Crazy Cat 39,214]

2 hours ago, OzgAW said:

My wife has been denied a tourist visa due to lacking social and economic ties to her country. We want to visit the US to be able to spend time with family, but it is looking like the only option would be DCF, as we're eligible for that.

 

Has anyone had experience obtaining a green card, but only spending a month or two in the US each year for the first 2-3 years? I understand legally, this is allowed, but entirely up to the CBP upon arrival, but are there ways to ensure or increase the chances of entering the US, without staying there.

 

My wife and I(USC) plan on living in America, but my job requires me to be in China for the next 2ish years. - We just want to be able to visit the States together from time to time 😫

You should just wait until you are ready to actually live in the US.  What you describe is misuse of an immigrant visa, imo.

[JFH 12,189]

There have been reports of successful B-2 applications after applying for an immigrant visa, entering the country and relinquishing the GC at the end of the stay, thus demonstrating that the person had the opportunity to stay in the US but didn’t. 

[geowrian 22,335]

First issue would be showing US domicile or intent to establish domicile...since there is none here.

Second issue would be that the green card would be abandoned if the US is not your primary residence.

[Nitas_man 3,100]

10 hours ago, OzgAW said:

My wife has been denied a tourist visa due to lacking social and economic ties to her country. We want to visit the US to be able to spend time with family, but it is looking like the only option would be DCF, as we're eligible for that.

 

Has anyone had experience obtaining a green card, but only spending a month or two in the US each year for the first 2-3 years? I understand legally, this is allowed, but entirely up to the CBP upon arrival, but are there ways to ensure or increase the chances of entering the US, without staying there.

 

My wife and I(USC) plan on living in America, but my job requires me to be in China for the next 2ish years. - We just want to be able to visit the States together from time to time 😫

What kind of situation do you have back in the US?  Where’s your mail going?  What’s your drivers license say?  Are you on assignment with a US company?

Edited July 21, 2019 by Nitas_man

[SalishSea 16,769]

11 hours ago, OzgAW said:

My wife has been denied a tourist visa due to lacking social and economic ties to her country. We want to visit the US to be able to spend time with family, but it is looking like the only option would be DCF, as we're eligible for that.

 

Has anyone had experience obtaining a green card, but only spending a month or two in the US each year for the first 2-3 years? I understand legally, this is allowed, but entirely up to the CBP upon arrival, but are there ways to ensure or increase the chances of entering the US, without staying there.

 

My wife and I(USC) plan on living in America, but my job requires me to be in China for the next 2ish years. - We just want to be able to visit the States together from time to time 😫

Green card would be considered to be abandoned.  It is not for visiting like that.

[Nitas_man 3,100]

12 minutes ago, Jorgedig said:

Green card would be considered to be abandoned.  It is not for visiting like that.

Not necessarily.  I want to hear the OP’s US ties situation.

 

We spent most of our CR out of the country.  Because I was working out of the country.  We also spent 4+ years on the 10-yr card out of country, same reason.

 

Nita wouldnt have been handed an SB1 to come back on the same green card if accompanying me where I was working is green card abandonment.

 

Green card holders accompanying USC spouses seem to have a lot of leeway as long as the USC / spouse can show ongoing ties to their US residence and they stay married.

 

Big bonus:  if the USC overseas assignment has a limited term contract

 

Bigger bonus:  If OP is permanently based in the US and working overseas for a US company.

 

So let’s get some more details here.

Edited July 21, 2019 by Nitas_man

[SalishSea 16,769]

39 minutes ago, Nitas_man said:

Not necessarily.  I want to hear the OP’s US ties situation.

 

We spent most of our CR out of the country.  Because I was working out of the country.  We also spent 4+ years on the 10-yr card out of country, same reason.

 

Nita wouldnt have been handed an SB1 to come back on the same green card if accompanying me where I was working is green card abandonment.

 

Green card holders accompanying USC spouses seem to have a lot of leeway as long as the USC / spouse can show ongoing ties to their US residence and they stay married.

 

Big bonus:  if the USC overseas assignment has a limited term contract

 

Bigger bonus:  If OP is permanently based in the US and working overseas for a US company.

 

So let’s get some more details here.

So you're saying that spouses of USCs can use their GCs like B visas......for visiting weeks/months each year?

[Nitas_man 3,100]

15 minutes ago, Jorgedig said:

So you're saying that spouses of USCs can use their GCs like B visas......for visiting weeks/months each year?

If the USC and spouse have an established residence in the US and the USC is (clearly, demonstrably) temporarily working overseas then as the US is ultimately their permanent home there is no comparison between a B visa and a permanent resident card.

 

In our case we used a travel document for a couple of years and obtained a returning resident visa when I was done.  We were out over 4 straight years.  Every single entry and exit is taken into account when a case goes through SB1, so it isn’t like we returned or did this under the radar.  It is possible but the required level of ties to maintain is extensive.  

Edited July 22, 2019 by Nitas_man

[geowrian 22,335]

I think the lack of clarity on intent is because their other thread says:

"My wife and I have no intention of moving to the US at this time, however, we would love to go visit so we can spend time with family and she can decide if it would be best for us to live there in the future. "

 

One thread says there is no intent to live in the US at this time, but maybe in the future. This thread says they do plan on living in the US in a couple/few years.

 

Anyway, if the intent is not to live in the US as your primary residence right now, then I would not suggest the green card path. When you are ready to make that jump, go for it. But a tourist visa is the appropriate visa for just visiting.

And again, this is ignoring the domicile issue, which sounds like a hurdle in the green card path at this time anyway.

[Qian 33]

1 hour ago, Nitas_man said:

Big bonus:  if the USC overseas assignment has a limited term contract

 

Bigger bonus:  If OP is permanently based in the US and working overseas for a US company.

Also, if these two are satisfied, the GC holder spouse maybe eligible for the expeditious naturalization under 319B right away - depending on the nature of the employment of course. 

[Nitas_man 3,100]

@geowrianOP is inside of 2 years to permanent return.  Were he a long term resident with full time open ended employment my answer would definitely be aligned with yours.  

This one is gray enough to warrant discussion however depth of ties/attachment to the US are key here.

Edited July 22, 2019 by Nitas_man