Activate LPR

[S2N 492]

4 minutes ago, OldUser said:

The question is consulate will bend over and issue another visa... I suspect, in most cases, no, and hence the "case by case" language, indicating broad discretion. I'd avoid this route at all costs.

In theory an I-130 is forever as all it does is establish a non-discretionary right for an USC or LPR to sign an I-864 if they meet a clear legal standard.

At the same time, the discretion of the consulate is virtually absolute and with extremely limited options of appeal (and even then it’s not really an appeal, but more of asking the local visa unit nicely to call Washington.) If they want a new I-130, you probably could fight it. But it’d also probably be quicker to just file a new one than fight it.

[Auster 1]

7 hours ago, S2N said:

Re-entry permit requires doing biometrics in the U.S. That’d take a few weeks, which doesn’t seem to be in line with what OP wants.

 

Without knowing the specifics, entering and then 3-4 months at home seems more practical based on what they’ve said.

 

Also worth raising the elephant in the room that it looks like OP’s spouse doesn’t actually have immigrant intent. I hinted at it above, but that’s grounds for CBP to deny entry. Obviously no one wants to go through the IR-1 process twice, but this is something they should have consulted about before progressing to the consulate stage. Re-entry permits aren’t really designed for people to circumvent the normal expectations of someone entering the first time.

 

Obviously they’re free to apply and if it works that’s great. But the most straightforward route seems to be actually to immigrate.

 

Thank you all for the comments.

 

I didn't mean to imply we aren't intending to migrate. Our original timeline was to migrate this year. The ir-1 will expire in December. A change at work has delayed that plan. I'd like to leave the employer under good circumstances as they've been good to me and leaving will cause them some hardship. Our new plan is to migrate mid-next year. We do have a US address, I have renewed my drivers license recently, and my American bank account has the bulk of our funds. 

 

If I understand it rightly, we will all (I and our 3 kids) need to be present at her first entry. Was just hoping to avoid the large expense if possible, but it is what it is.

[appleblossom 5,005]

3 hours ago, Auster said:

 

Thank you all for the comments.

 

I didn't mean to imply we aren't intending to migrate. Our original timeline was to migrate this year. The ir-1 will expire in December. A change at work has delayed that plan. I'd like to leave the employer under good circumstances as they've been good to me and leaving will cause them some hardship. Our new plan is to migrate mid-next year. We do have a US address, I have renewed my drivers license recently, and my American bank account has the bulk of our funds. 

 

If I understand it rightly, we will all (I and our 3 kids) need to be present at her first entry. Was just hoping to avoid the large expense if possible, but it is what it is.

 

Your three kids don't need to go - or do they have IR2 visas that they need to activate? 

 

The driving licence and American bank account aren't helpful if they're yours - I was suggesting she set those up for herself, just in case she needs to prove she intended to make the US her permanent home from the date she became a LPR at a later date. 

 

But if you land at the last minute just before the visa expires, and then move middle of next year, that should be ok. It was the mention of 12 months that could have been problematic. 

[mam521 2,685]

3 hours ago, Auster said:

 

Thank you all for the comments.

 

I didn't mean to imply we aren't intending to migrate. Our original timeline was to migrate this year. The ir-1 will expire in December. A change at work has delayed that plan. I'd like to leave the employer under good circumstances as they've been good to me and leaving will cause them some hardship. Our new plan is to migrate mid-next year. We do have a US address, I have renewed my drivers license recently, and my American bank account has the bulk of our funds. 

 

If I understand it rightly, we will all (I and our 3 kids) need to be present at her first entry. Was just hoping to avoid the large expense if possible, but it is what it is.

Food for thought - she's entering on an IR, correct?  Is there any reason you don't relocate her and the kids to the US and you go back and tie up the loose ends and finish the work contract?  I realize she'd be on her own, but I'm also going to guess you guys have family, etc in the US to help.  December is somewhat ideal because the kids would start the new semester of school after the winter break. That's kind of the perfect time to make the transition the least interruptive to the kids as possible but get them into a routine of what's the new norm.  It also means they make friends before summer break in the US.