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withdraw file or not? Help please

withdraw file or not? Help please

Old Nov 29th 2002, 10:43 am
  #1  
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Default withdraw file or not? Help please

Hello,

I have filed DCF in Oslo for my husband who is Norweigian, however I have just gotten a very attractive job offer in Denmark. Now we do not know what to do.

Do we go on to get the residence permit even though we might just be moving to Denmark?

Is there any clause as to leaving outside the US with a perm. residence due to the job of your spouse?


thanks
Annette
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Old Nov 29th 2002, 1:43 pm
  #2  
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Default Re: withdraw file or not? Help please

Morning

If you were to go through with the I-130 in Oslo there is a time period in which he has to activate the I-130 by entering the US. By INS regulations, once activated he will be able to leave the US to travel outside of its boundaries within the hour of entering. There is a limit, however, on how long he can be away and that is a year without a re-entry permit and longer with one which is applied for via form I-131. The problem with that, as I've read over the years, is that the permanent resident has to maintain a residence inside of the US otherwise even with a re-entry permit INS can, if they wish, deem his green card abandoned. Since you will be residing in Denmark, there will be no US home that he can use as a proof of residency, bank accounts, etc.

It your new employment will be for a long duration, you might wish to consider abandoning your present I-130 and doing DCF with the US Consulate in Copenhagen (if allowed) instead when you are ready to return to the US.

Rete

Originally posted by viking
Hello,

I have filed DCF in Oslo for my husband who is Norweigian, however I have just gotten a very attractive job offer in Denmark. Now we do not know what to do.

Do we go on to get the residence permit even though we might just be moving to Denmark?

Is there any clause as to leaving outside the US with a perm. residence due to the job of your spouse?


thanks
Annette
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Old Nov 29th 2002, 4:11 pm
  #3  
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Default

According to the embassy website for Denmark, they will do a DCF for someone in your situation:

http://www.usembassy.dk/VISA/marriage.htm

Another good website for DCF process details:

http://k1.exit.com/dcf.html

This was very helpful when we DCF'd. Good luck.....Jerry
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