Delay at Embassy Stage

[ashtay 6]

Is it possible to delay at embassy stage? Both petitioner and beneficiary are in the UK and we're considering staying for a few years now. 

Can we delay? Or if we enter briefly once the visa is issued can we then leave and return for visits over the next 3-4 years without abandoning the green card? 

 

 

[Lil bear 3,840]

8 minutes ago, ashtay said:

Is it possible to delay at embassy stage? Both petitioner and beneficiary are in the UK and we're considering staying for a few years now. 

Can we delay? Or if we enter briefly once the visa is issued can we then leave and return for visits over the next 3-4 years without abandoning the green card? 

 

 

Enter on the visa to trigger the GC. Immediately apply for I131re entry permit   Stay in the US until the biometrics are either taken for the application or you are notified that previous biometrics are being reused. That will take maybe 1-2 months .. you can leave the US then and have the re entry permit sent to the US consulate in the UK.  That will give you 2 years from the issue date of the re entry permit until you need to be back in the US to stay. 
Remember, if you do enter and get LPR status, you must file taxes as a US resident no matter where in the world you live. And make sure you get your SSN before you go back to the US.. and i would be getting a drivers license too,  just as a state issued ID 

 

 

Entering to get the GC then  residing overseas and “visiting “ the US , puts your “resident” status in a risky space 

Edited October 13, 2022 by Lil bear

[nastra30 2,001]

7 minutes ago, ashtay said:

Is it possible to delay at embassy stage? Both petitioner and beneficiary are in the UK and we're considering staying for a few years now. 

Can we delay? Or if we enter briefly once the visa is issued can we then leave and return for visits over the next 3-4 years without abandoning the green card? 

 

 

Are you already documentarily qualified at NVC?

[ashtay 6]

1 minute ago, Lil bear said:

Enter on the visa to trigger the GC. Immediately apply for I131re entry permit   Stay in the US until the biometrics are either taken for the application or you are notified that previous biometrics are being reused. That will take maybe 1-2 months .. you can leave the US then and have the re entry permit sent to the US consulate in the UK.  That will give you 2 years from the issue date of the re entry permit until you need to be back in the US to stay. 
Remember, if you do enter and get LPR status, you must file taxes as a US resident no matter where in the world you live. And make sure you get your SSN before you go back to the US.. and i would be getting a drivers license too,  just as a state issued ID 

Ah okay thank you for the advice! I'm not sure we would be able to take 1-2 months away from work to do this and we would need more than 2 years. We're thinking about staying so I can enroll onto a PhD program. Do you know if we had to withdrawal from the process if it would cause any issues regarding visiting the US and/or going through the process again in the future when we're ready? 

4 minutes ago, nastra30 said:

Are you already documentarily qualified at NVC?

As of last week yes but haven't received an interview letter yet. 

[SalishSea 16,814]

1 hour ago, ashtay said:

Ah okay thank you for the advice! I'm not sure we would be able to take 1-2 months away from work to do this and we would need more than 2 years. We're thinking about staying so I can enroll onto a PhD program. Do you know if we had to withdrawal from the process if it would cause any issues regarding visiting the US and/or going through the process again in the future when we're ready? 

As of last week yes but haven't received an interview letter yet. 

You wouldn't have to withdraw.  I believe you can keep a DQ petition 'alive but dormant' at the NVC by making contact annually.  I personally did a K-1, but I'm sure someone here can speak to how to deliberately postpone the CR/IR-1 interview.  @Chancy, @Crazy Cat, @Mike E may know!

[ashtay 6]

8 hours ago, Jorgedig said:

You wouldn't have to withdraw.  I believe you can keep a DQ petition 'alive but dormant' at the NVC by making contact annually.  I personally did a K-1, but I'm sure someone here can speak to how to deliberately postpone the CR/IR-1 interview.  @Chancy, @Crazy Cat, @Mike E may know!

Thank you! I tried looking into this but I read something about once someone is DQ’d the case isn’t at NVC anymore? So they can’t delay it there? 

[Kai G. Llewellyn 823]

10 hours ago, ashtay said:

Thank you! I tried looking into this but I read something about once someone is DQ’d the case isn’t at NVC anymore? So they can’t delay it there? 

DQ'ed cases are at NVC until an interview date is set. I believe you can miss the interview though and request a new interview when convenient. But yes, ensure to contact DoS at least once per year to keep the case alive.

Edited October 14, 2022 by Kai G. Llewellyn

[ashtay 6]

19 minutes ago, Kai G. Llewellyn said:

DQ'ed cases are at NVC until an interview date is set. I believe you can miss the interview though and request a new interview when convenient. But yes, ensure to contact DoS at least once per year to keep the case alive.

Oh okay! Thank you!😊