Did I just give non-immigrant intent on an immigrant visa?

[roughlyworried 5]

Hello,

 

I was reading back through my documents again, and realized I stated something that will come back to bite me. And potentially deny our case. I stated on my affidavit: “we both agreed that after we live in the USA for a little while, we would go back to live in my wife’s home country. As well as visit my wife’s home country quite frequently.”

 

Welp. Pretty sure this is quite bad. Does anybody have any advice or thoughts? Denial based on this would be what section?

[PaulaCJohnny 712]

You are overthinking 

[Timona 3,939]

Wjy did you write such? 

[roughlyworried 5]

2 minutes ago, Timona said:

Wjy did you write such? 

Because it was the truth at the time. I shouldn’t have volunteered the information though. 

 

33 minutes ago, PaulaCJohnny said:

You are overthinking 

Perhaps. But I’m trying to find any actual law or statement in the FAM or USCIS manuals regarding it. Or if anyone has any experiences. 

[jan22 2,898]

As long as your current intent is to establish residency in the US, there is no problem with planning something else at an undetermined future point.  Just be careful with your "frequent visits" outside the US.

Edited September 22, 2022 by jan22

[STO Overland 137]

I agree with @PaulaCJohnny that you are maybe overthinking it..."for a little while" could be for at least 5 years then after my wife has earned her citizenship I would like to experience living in her home country "for a little while"

[roughlyworried 5]

4 hours ago, jan22 said:

As long as your current intent is to establish residency in the US, there is no problem with planning something else at an undetermined future point.  Just be careful with your "frequent visits" outside the US.

interesting. Thank you for your response. I went through the FAM, 504 and I couldn’t find anything related to intent at all. I wonder if it’s even down in writing anywhere. In either direction. 
 

 

2 hours ago, STO Overland said:

I agree with @PaulaCJohnny that you are maybe overthinking it..."for a little while" could be for at least 5 years then after my wife has earned her citizenship I would like to experience living in her home country "for a little while"

True. We don’t plan to ever give up her green card. I wonder if they would ask her about it tho to compare her answer against mine. To be honest, our intent has changed somewhat, but of course they don’t know that. The uncertainty of world relations is quite…strong.

[Dashinka 23,236]

2 hours ago, roughlyworried said:

interesting. Thank you for your response. I went through the FAM, 504 and I couldn’t find anything related to intent at all. I wonder if it’s even down in writing anywhere. In either direction. 
 

 

True. We don’t plan to ever give up her green card. I wonder if they would ask her about it tho to compare her answer against mine. To be honest, our intent has changed somewhat, but of course they don’t know that. The uncertainty of world relations is quite…strong.

Quite a few people have changes in their life circumstances that have them change their living arrangements including what country they live in.  Where the challenge lies is someone trying to maintain LPR status when they are trying to live outside the US.  Generally, the best course for an immigrant spouse is to come to the US, live as an LPR, and proceed to naturalization.  After that it doesn't matter as a USC does not have to maintain a residency in the US, they just need to maintain their good status with the IRS.  Others though find the need to leave the US for an extended period of time while the immigrant spouse is still an LPR, which if less than 2 years is allowed with a re-entry permit, but if longer, some give up the green card, and then if in the future they decide to move back to the US, they start the spousal visa again.

 

Apart from that, I agree @PaulaCJohnny, and @STO Overland, you may be over thinking this a bit, and any questions can be easily answered that you do not know exactly what the future will be 3, 5, 10 years down the road.

 

Good Luck!

[Letspaintcookies 2,206]

Just out of curiosity, what affidavit did you wrote? Like where did they ask for an affidavit from you and about what?

[pushbrk 12,105]

I would not expect this to have any impact at all with USCIS but it's possible the Consular Officer might ask about it.  If so, clarify what you meant by a little while.