mickrog

Hello all!

My wife(a British citizen) applied for her adjustment of status along with I-130 back in November after a relative of mine got really ill whilst visiting another member of my family(I'm an American citizen), so we decided to stay in the US and apply for my wife's visa.

We moved to another city in the US after my relative's return to good health. This has slowed down my wife's immigration process significantly.

She received her employment card last month and a letter regarding her biometric shortly after.

A couple of weeks later my wife got her fingerprints taken, and now we are waiting for the date of the interview for her green card.

The first question I have is how long after completing your biometrics do you get called in for an interview?

Second regarding unemployment. I was laid off couple of months ago but I have enough savings to be my wife's sponsor. Will my employment status affect her application?

Third one, IF she gets her approval for her green card, can she leave for 4-5 years and come back to US with her green card? Apparently people who have been married for a long time (we've been married 8 years) receive a 10 year green card, as opposed to a temporary one year green card for the newly married couples. She is thinking about using her British passport to enter and leave the United States instead of her green card to avoid problems.

Thanks

Rete

Sorry but my crystal bowl is a little smudgy at the moment. Come back and ask me again when I have grabbed some windex and a cloth to clean it with.

You can prove that neither of you had intent at the POE to remain in the US to adjust status to PR? You might be asked and then again chances are you won't be.

Yup it has the tendency to do that.

She had biometrics for the card as well, correct? She didn't ask to have everything done at the same time ... the bio for the EAD and the bio for the security check?

Could be as little as 3 months or as much as a year or more. If someone knew which district office your wife were dealing with we could tell you to look it up at the www.uscis.gov site.

Yes, it might if you don't have savings equal to the poverty guidelines plus 25% for your family size times 3. Line up one of your relatives to be co-sponsor.

Yes and No. PR is for the purpose of residing in the US. Why did you file for her PR status if she has no plans on residing in the US for another 4 or 5 years? Why didn't you just wait until she was ready to come here to live? What a waste of time, energy and money. It doesn't matter if you have a 2 yr conditional green card or a 10 year green card. You can lose your status if you are out of the US for one day. She has to use her British passport to enter and leave the US. You don't leave the US on a green card and you don't enter the US with only a green card. You need a passport. BTW if she were to enter the US without showing her green card along with her passport, she has effectively abandoned her residency status.

What is the reason for leaving the US for 4 to 5 years? You can leave if you have a good reason for up to 2 years if you obtained a re-entry permit via form I-131 after you are accorded green card status. But you have to show that you have maintained ties to the US, i.e. housing, bank accounts, relatives, etc.

Noorah101

Hi Mick, Welcome to BE.

There is no set time. It depends on the backlog at your local office. You can go to www.uscis.gov to see what the predicted processing time for the I-485 is at your local office. Nationally, things seem to have been speeding up overall.

If you have 3x the amount you would have needed in income, in savings, then you can use that as an asset. You'll need to submit an updated I-864 when you go for the AOS interview.

NO! Even if she receives her 10-year GC, she still must make the USA her permanent home. She must show her GC upon re-entering the USA after a visit abroad. If she plans to be outside the USA for longer than 6 months at a time, it's advisable to apply for a re-entry permit BEFORE leaving the USA, and she must still maintain her ties to the USA, including filing a yearly tax return. This issue is called "abandonment", and there is no hard and fast rule on it, each case is looked at on an indivudual basis (i.e, what ties were kept in the USA, what was the reason for long absence from USA, etc), so you might want to do research on that. Why would she want to live outside the USA for so long right after working so hard to become a US PR?

Best Wishes,
Rene

Noorah101

I believe it's still 3x the amount if it's assets used by the spouse. It's only 5x if it's a joint sponsor asset.

Rene

meauxna

It's probably best worded in the instructions.

29. Total Value of Assets.
In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However,if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.

ian-mstm

Whether or not you have enough income or savings, you *are* your wife's sponsor... you don't have a choice in the matter! You are her sponsor even if you don't qualify financially.

Ian

mickrog

First of all thanks for all your replies.

The 4-5 years time frame that I mentioned was just hypothetical and the reason why we have to leave is my employment status.

I had an offer from overseas to return work there, so ideally I would go back and return when the job market improves in the US and since we spent so much time, effort, and money for my wife's application, we still want to complete the whole immigration process, and then leave.

From what I gathered, you can only leave for two years, and must maintain ties in the US, correct?

ian-mstm

... true *IF* you have a re-entry permit.


A definite must. Keep filing US tax returns, keep bank accounts, driver's license, keep paying bills... all that stuff.

Be aware, that there is *no* guarantee. Abandonment is adjudicated on a case-by-case basis and even with a re-entry permit and ongoing ties to the US, an immigration judge could determine that your wife has abandoned her status. It's a low risk... not likely to happen... but it could.

Ian

adjudicator89

OMG RETE SOOOO FUNNY GOTTA LOVE RETE!!

Noorah101

Just so you know, the "whole" immigration process isn't over until your wife becomes a USC and you become a UKC. Only then will you both have complete freedom to come and go as you please, anytime, for however long. Before then, you guys will always be subject to immigration rules and laws.

Rene

mickrog

Is there a way we can freeze the immigration process and travel to overseas before we receive a date for the interview?

Or should we stay put?

The reason why I am asking this question is because my wife and I were offered great positions overseas, but her immigration process is not completed.

meauxna

It sounds very much like you don't really want to complete her immigration right now--you don't want to immigrate! Nothing wrong with that; at this point, you're probably out about a thousand bucks, but if the jobS (multiple now) are that good and are available, why not just cut your losses now and immigrate when you're both ready to be in the US?

Next time, there is an easier way to do it ahead of time, but filing your petition in the foreign country and her getting an Immigrant Visa before she comes to the US. She will be admitted as a Permanent Resident at that time.
See the first link in my siggy for more information.

edit; no practical way to put today's case on hold for multiple years.