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Filed: K-1 Visa Country: Russia
Timeline
Posted

My MIL lives in Ukraine and is a successful lawyer. My wife is us citizen (from April this year). Ukraine is at war, as you know, and situation may change to the worse any day. MIL doesn’t even want to talk about moving anywhere. She has 10 year US visa and came here for 2 months after the start of the war. She left after 2 months instead of allowed 6 months (stamp) because she was missing home and her practice. 
I am still thinking of convincing my wife to file for GC as an insurance. Can someone who went through this share what are the technical minimal requirements for opening and maintaining GC for as long as possible:

1. Day 0 - entry at POE

2. Stay in us -how many weeks minimum? 
3. Go back home - technically, what is the REAL time she can stay in Ukraine without coming for the maintenance visit? 
I would truly appreciate if someone can explain, essentially, timeline-wise, if it is possible at all to have GC while visiting US? 
of course, under the normal circumstances we would just file when and if she is ready to move. However, she may be forced to move fast. This is the only issue. 
thank you. 

Filed: K-1 Visa Country: Wales
Timeline
Posted

She can go back on the next plane but there is no such thing as a maintenance visit.

 

Is she Ukrainian, does she qualify for U4U.

 

IR5 is going to take say 18 months.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
1 hour ago, mari04 said:

My MIL lives in Ukraine and is a successful lawyer. My wife is us citizen (from April this year). Ukraine is at war, as you know, and situation may change to the worse any day. MIL doesn’t even want to talk about moving anywhere. She has 10 year US visa and came here for 2 months after the start of the war. She left after 2 months instead of allowed 6 months (stamp) because she was missing home and her practice. 
I am still thinking of convincing my wife to file for GC as an insurance. Can someone who went through this share what are the technical minimal requirements for opening and maintaining GC for as long as possible:

1. Day 0 - entry at POE

2. Stay in us -how many weeks minimum? 
3. Go back home - technically, what is the REAL time she can stay in Ukraine without coming for the maintenance visit? 
I would truly appreciate if someone can explain, essentially, timeline-wise, if it is possible at all to have GC while visiting US? 
of course, under the normal circumstances we would just file when and if she is ready to move. However, she may be forced to move fast. This is the only issue. 
thank you. 

Weeks?   GC is for living in the US permanently.   If she uses it as an expensive tourist visa, she risks losing it.

 

 

Filed: K-1 Visa Country: Russia
Timeline
Posted
6 hours ago, Boiler said:

She can go back on the next plane but there is no such thing as a maintenance visit.

 

Is she Ukrainian, does she qualify for U4U.

 

IR5 is going to take say 18 months.

She does. Thank you. She has 10 year visa. The problem is that she doesn’t want to come. I just wanted to do it as an insurance for the future, when u4u is gone and all she has is 10 year visa. 

Filed: K-1 Visa Country: Wales
Timeline
Posted
26 minutes ago, mari04 said:

She does. Thank you. She has 10 year visa. The problem is that she doesn’t want to come. I just wanted to do it as an insurance for the future, when u4u is gone and all she has is 10 year visa. 

 

You can petition her and see in 18 months what the situation is and if she wants to move.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
On 11/22/2023 at 3:46 PM, mari04 said:

[noncontributory; removed by VJ Moderation]


@salishsea’s response made perfect sense to me. S/he’s saying that if your MIL is only planning on spending weeks in the US after entering on her IV before leaving again (as you suggested in Q 2) then she would risk losing her LPR status. 
 

Edited by TBoneTX
Filed: Citizen (apr) Country: Jordan
Timeline
Posted
22 hours ago, mari04 said:

 

2. Stay in us -how many weeks minimum? 
3. Go back home - technically, what is the REAL time she can stay in Ukraine without coming for the maintenance visit? 
 

A green card is for living in the U.S only, not visiting and staying for "weeks".

No such thing as a "maintenance" visit. She either visits with her visitor visa OR she gets a green card and LIVES and STAYS in the U.S. There is no in-between. Period. End of story.


Filed: Citizen (apr) Country: Russia
Timeline
Posted

I agree with @Boiler,  if not too much of a financial burden, file the I130, and in 18-24 months look at the situation.  If she has no desire to relocate permanently to the US, let the I130 lapse, and let her keep her B2 for visiting.  If she wishes to relocate, then continue with the IR5.  We did this for my adult stepson as we have no idea what the situation will be in 15+ years.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

****One Non-Contributory comment removed***

-VJ Moderation

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Russia
Timeline
Posted
On 11/23/2023 at 9:31 AM, OldUser said:

You cannot force somebody to move to the US permanently against their will.

It's very kind of you thinking about her safety, but I think this is all waste of time and money. 

Last question on the point above: when will we realistically need her signatures on the IR 5 process? Petition? NVC? At the embassy? I will file petition and will take it as slow as possible.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
7 minutes ago, mari04 said:

Last question on the point above: when will we realistically need her signatures on the IR 5 process? Petition? NVC? At the embassy? I will file petition and will take it as slow as possible.

NVC.  Once a case is there, it can be delayed indefinitely.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
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