ssnp

My wife is PR of USA. She has filed I30 for me. I understand it will take 18 month min. I want her to stay with me in UK for some time and when aforementioned case is approved then we together like to move to US. I am wondering how long she can stay outside US so that she will not ruin the case.

Noorah101

There is no one-size-fits-all for this answer. Abandonment of PR status is a grey area of law, and each case is decided on an individual basis.

In general, she must maintain the USA as her perment residence. She must be able to prove that her time abroad is temporary and that she does not intend to abandon her PR status. Six months continuously outside the USA will get her questioned at the POE. If she's planning on being outside the USA for more than 12 months continuously, she should apply for a re-entry permit before leaving the USA. Having a re-entry permit in hand *helps* indicate that one does not intend to abandon PR status, but also does not prevent it from happening.

What ties will she maintain to the USA while she's outside of it? If she can be gone that long, it sounds like she doesn't have a job in the USA (unless she's working remotely). Will she have a home in the USA that someone is taking care of while she's gone?

Rene

ssnp

thanks for prompt reply!
It is true that she don't not have stable job at present. Her brother are supporting her. I am wondering if receives the 're entry permit', does the I30 case will still proceed further.

Noorah101

Sounds like she won't have much to show in the way of ties to prove the USA is her permanent home.

The re-entry permit and the I-130 are not related. Applying for a re-entry permit will not stop the I-130 process.

I assume one of her brothers will be a Joint Sponsor on the I-864 Affidavit of Support?

Rene

ssnp

since she don't have stable income, it is true her brother is co sponsor. Applying for
re entry permit is safe bait. and glad to know I will not affect the I130
process