tokyo12

DCF- direct consular filing, ie petitioning for the spousal visa directly with the embassy. To be allowed a spousal visa when the USC lives abroad, the petitioner needs to show/ agree to be domiciled in the USA before or at the same time the beneficiary spouse immigrates.

ROC= Removal of Conditions. If married less than two years when immigrating, your wife will get a 2 year conditional greencard. After two years of having that greencard, she needs to apply to Remove Conditions, and for that she needs to show residency in the USA.

We don't have any conditions as we have been married 4 years.

I applied through the Visa Center in the US, overseas embassies don't accept applications anymore or so I thought.

We are beginning the process but can't move as yet - I don't have job there and we don't want the risk of not being together, if I lose the job overseas.

Did you'll file using DCF? If so, then you'll lied on your application, you'll are not trying to re-established residencey back in the US? All of these small inconsistencies will come to light. What will you do when your LPR has to ROC in two years?

Whats DCF? And ROC?

No, it won't.

For 6 months- yes, it will work. For 3 years- no, it will not. What you could do is have your wife apply for a re-entry permit, which allows her to be outside the USA for a maximum of 2 years. If she is granted it (good chance she will, but maybe not as you knew about your employment before coming to the USA), she can stay outside for 2 years, bu that stage hopefully you will have found a job in the USA.

So you're saying its better to get the re-entry permit? Was thinking of just initiating frequent travel. My parents, brother etc are all in the US, so we can get some basic things established there in the meantime (drivers licenses, bank accounts, etc ..)

Your wife won't be able to just pop over to keep her GC status active,CBP computer systems are getting much more sophisticated in tracking those who are abusing their LPR status. More LPR's are being pulled into secondary inspection when they are now trying to re-enter the US on an abused GC status.

What others may have done before you may no longer be the excepted situations NOW.

Well there has to be some way for us to do this without hassle because consider this situation - Me, the US citizen working overseas loses his job and has to return in a hurry. Our child is US citizen but spouse is not. So, then what would we do in that situation?

Bottom line is my employment overseas may last anywhere from 6 months to 2 or 3 years. I want to live in the safest fashion. i.e, no risk of anyone in the family being separated.

Of course I will have drivers licenses, bank accounts, all savings etc in the US. When she goes over, she can also get a drivers license and open a bank account, etc. But then we officially say look my husband is working overseas so we will not be permanently moving as yet.

That should work as long as we keep going to the US every few months, no?

**** Moving from General Immigration to Travelling during US Immigration forum *****

No need to notify anyone, the visa is (usually) valid for 6 months so as long as you travel before that, your wife is fine. Any Point of Entry can do the necessary. Keep in mind the greencard is for legal PERMANENT RESIDENTS, ie meant for your wife to live in the USA, so don;t stay outside too long.

I take it the baby has a US passport?

Many thanks, yes the baby has a US passport. So Guam and Saipan are both able to do the necessary?

BTW - as I have a job in Tokyo, we plan to continue living in Japan for a while. I guess we can go back and forth from the US - at least once a year, maybe twice if needed..

That should allow us to keep the green card and then eventually move back to the US .. right?

Many thanks.

Hello,

I am a US citizen and my wife was recently given a green card approval after an interview at the Embassy in Tokyo.

We were planning to fly to the US to get it activated and then return to Tokyo.

At the interview we said we would be flying the next week and the port of entry was Los Angeles.

Unfortunately we couldn't go as we have an infant child and needed to postpone for a bit.

Question i

1) can we fly to any other location to get it activated like Guam or Saipan as well or must it be at the continental US?

2) Do I need to notify anyone that we didn't go? I guess it doesn't really matter because the visa is valid for about 6 months or so?

Many thanks.