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Jemii

Possibly moving abroad after getting a green card

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Filed: IR-1/CR-1 Visa Country: Finland
Timeline

Hi everybody!

 

I’m Finnish and my husband is a US citizen. He applied for the I-130 for me in May. We got it approved in November and our case was moved to the NVC. Now we have paid all the NVC fees and all the paperwork for the CR-1 spouse visa is pretty much done.

 

However just a couple days ago my husband was offered a new job. He would still be working for the same US company as earlier, but he would be working abroad probably for the next 10-15 years. Technically, he would be domiciled in the US and on a long term rotation abroad (changing location every 3-4 years). He would still need to come to US for every 3-6 months for business. 

 

So the question is: Does it make any sense for us to keep going with the visa process since we are probably not going to live in the US for so many years? Is there any chance that I could keep my green card even though we would be living abroad? We are confused and wouldn’t like to give up with the visa since we have already come so far with the process. 

 

Thank you in advance!

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Filed: AOS (apr) Country: Canada
Timeline

I forget the exact requirements, but you will have a hard time meeting residency requirements for ROC or citizenship by being out of the states so much. Unless you stay here and he travels for work. Even then, proving cohabitation and ongoing relationship would be tricky in that case.

 

I would have him decline the job offer or have you wait until he is stateside permanently, or at least 3/4 of the year consistently.

 

@geowrian, do you know the exact residency requirements off the top of your head?

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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A permanent resident must maintain their permanent residence within the US. There is no clear requirement for this, but generally it implies spending more time within the US than out.

A re-entry permit could preserve the green card in 2 year increments (initially), but isn't suited for anything near 10-15 years with residence abroad.

In all liklihood, if the visa path is still followed, at some point you would probably be asked to relinquish the green card due to abandonment (with an appointment with an IJ if you decline to do so).

The purpose of a CR-1/IR-1 visa is family reunification, which doesn't apply if you plan to live abroad.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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To be honest it doesn't make sense to continue.  I would inform the NVC and they can send your file the NRC.  When you do want to move to the USA you can either use the I-824 to pull the approved I-130 out of the records department or send a new one. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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2 hours ago, Jemii said:

Does it make any sense for us to keep going with the visa process since we are probably not going to live in the US for so many years?

No, it doesn't make sense. You cannot keep the green card for that long amount of time being overseas. Looks like you two, as husband and wife, have a decision to make: whether he accepts that job offer and that means you are following him to wherever his location is, or of course he has the option of declining the offer and stays in the US where you can continue the process of immigrating here. This is not so much an immigration question, as a life decision question. 

 

My only suggestion is, whatever you guys decide, you gotta both really really agree to that decision from the bottom of your heart. 

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Filed: IR-1/CR-1 Visa Country: Finland
Timeline

Thank you all for your responses!

 

After further discussions with my husband and a lot more research into our situation, we have decided to accept the job offer and probably continue with the immigration process too.

 

We think that this scenario more appropriately fits our situation: 

The spouse of a U.S. citizen who is “regularly stationed abroad” in qualifying employment may be eligible for naturalization on the basis of their marriage. [1] Spouses otherwise eligible under this provision are exempt from the continuous residence and physical presence requirements for naturalizationhttps://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4

 

My husband's job is regular deployments a 3-4 years located anywhere in the world (including the US). The intent is to finish out he's career in the US and eventually live there permanently.

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29 minutes ago, Jemii said:

Thank you all for your responses!

 

After further discussions with my husband and a lot more research into our situation, we have decided to accept the job offer and probably continue with the immigration process too.

 

We think that this scenario more appropriately fits our situation: 

The spouse of a U.S. citizen who is “regularly stationed abroad” in qualifying employment may be eligible for naturalization on the basis of their marriage. [1] Spouses otherwise eligible under this provision are exempt from the continuous residence and physical presence requirements for naturalizationhttps://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4

 

My husband's job is regular deployments a 3-4 years located anywhere in the world (including the US). The intent is to finish out he's career in the US and eventually live there permanently.

Does your husband’s employer meet the definition of qualifying employment?

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Filed: IR-1/CR-1 Visa Country: Denmark
Timeline

Is your husband's job one of the following?

  • Government of the United States (including the U.S. armed forces);

  • American institution of research recognized as such by the Attorney General;

  • American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof;

  • Public international organization in which the United States participates by treaty or statute;

  • Authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or

  • Engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States. 

If not, then you do not qualify for naturalization under the police you sent. Look under section C. If yes, then go ahead, after you have LPR status

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Filed: IR-1/CR-1 Visa Country: Finland
Timeline
3 minutes ago, LilyJ said:

Is your husband's job one of the following?

  • Government of the United States (including the U.S. armed forces);

  • American institution of research recognized as such by the Attorney General;

  • American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof;

  • Public international organization in which the United States participates by treaty or statute;

  • Authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or

  • Engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States. 

If not, then you do not qualify for naturalization under the police you sent. Look under section C. If yes, then go ahead, after you have LPR status

Yes it is!

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Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
3 minutes ago, Jemii said:

Yes it is!

Perfect, then sounds like it may be the right route to go once you meet all the qualifications

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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