dayank

I'm a US citizen while hubby is Aussie. We live in Australia but got married in the US very recently.

We may be planning a move to the US in a few years time. When we start the K-130 application, it will be 2+ years after we've married.

I have read on here that we should start the application one year before moving. We do visit the US every year, or 18 months at most. Can we apply for the visa, then hubby entering the States to activate it (and his permanent residency?) - while we are still living in Australia? Or are we expected to live in the US after it is activated?

We don't have a fixed timeline for the move, however, I figure with immigration matters it may be better to get that sorted first before proceeding with everything else (looking for work, housing, moving furniture, etc)

Thank you

Noorah101

You are talking about an Immigrant Visa (which is started by the USC filing an I-130 petiton). I've corrected your thread title, as there's no such thing as a K-130.

Yes, the I-130 should be filed to the USA about a year before the intended move to the USA. Once the immigrant arrives in the USA using the Immigrant Visa, he becomes a US Permanent Resident and is expected to make the USA his permanent home thereafter. He IS allowed to go back for a short time to tie up loose ends...maybe a couple of months...but need to maintain the US PR status while outside the USA.

It's best not to start the process until you're sure you want to immigrate.

Rene
Moderator

dayank

Thanks Rene for the correction and quick response - very helpful

S Folinsky

Matter of Kane and Matter of Huang are the two definitive cases on the issue OP raises. However, inasmuch as the cases are very new, having been issued in 1975 and 1988, the holding of those cases have yet to filter down to general knowledge yet.

dayank

Thanks for the links - interesting cases.

I have found further information from USCIS re: international travel for PRs -

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

It does appear that extensive periods away from US do cause problems for green card holders.

Think we'll play safe by applying one year before our permanent move, as recommended by Rene.

Cheers!

S Folinsky

Of course, the USCIS link can't be bothered to mention that a person showing up a port of entry who even CLAIMS to be a Lawful Permanent Resident [LPR] is entitled to a hearing before an Immigration Judge. If the DHS computer shows that the person has EVER been an LPR, that person gets paroled in. If the DHS computer does not confirm that, the person is figuratively read the Riot Act and be detained -- still gets to see the Immigration Judge though.

And Kane and Huang still apply on burden of proof.