Rose UK

S. Folinsky what if my husband and I took up our PR and my husband remained in the States and I remained in the UK with our young daughter, and visited the States once or twice a year. Would I be able to keep my PR status so long as I traveled to the States a couple of times a year and then we could apply for PR for our young daughter. We would have a home in the UK and a home in the States.

civilservant

You would be a US PERMANENT RESIDENT.

If you are not permanently resident, you are likely to be deemed to have abandoned your status at some point int he future.

Noorah101

How long would these "visits" to the USA be?

Once you become a US PR, you are expected to make the USA your permanent home. Trips abroad are allowed, but ultimately you must be able to prove the trip was temporary in nature and that your permanent home is in the USA. Abandoning US PR status is a VERY grey area and needs a professional immigration attorney's input to discuss the plans.

Rene

Rose UK

Ok, can my husband take up PR and at the same time can I delay mine in order that I remain in the UK and my husband lives in the US and applies for our younger daughter to gain PR

S Folinsky

Rene:

OP's situation presents facts where the what are considered the "rules" on these boards are subject to interpretation and stretching due to the fact that the law happens to be recognized as an ass.

That is why I keep suggesting legal consultation.

Rose UK

S Folinsky as a serving police officer in the UK, I am well aware that the law is an arse lol

Noorah101

Your daughter can file an I-130 for your husband and he can immigrate. Then he can file an I-130 for the 11 year old. Then your daughter can file an I-130 for YOU, hoping that the two cases will end up timed accordingly, but no guarantees.

As Mr. Folinsky keeps pointing out, speak to an immigration attorney to see what the best way forward is.

Rene

scrubbedexpat099

There are all sorts of options, no idea if any are suitable to your personal circumstances.

One thing does come to mind, are you Daughters aware of the Sponsorship requirements, not sure how much a 24 year old teacher makes.

Marocco

That is true in general. However, in post #25, Mr Folinsky pointed out that "Also, one of the classic reasons for an LPR to stay abroad for an extended period without abandonment of status is the precise situation noted."

It looks like there might be a simple solution to the OP's problem. But again, a legal consultation is in order.

januarymix

When I worked in the US, healthcare was one of the major issues with relatives coming over. Insurance is the word and even then, it was not pretty when we had to (unfortunately) make a claim.

coral11680

I think you would be wise to speak to an immigration specialist first. From what i can tell the best bet would be to have your daughter sponsor your husband first. When he receives his PR then he sponsors your daughter. I think because there is a shorter waiting period for you, it would be wise to wait 2 years for your daughter to apply to to sponsor you. The wait for your daughter is approx 2 and half years so waiting 2 years would hopefully mean your applications would be granted within a couple of months of eachother. Once they are granted you both have up to 6 months i believe to enter the USA.
I also believe that if your daughter doesn't earn enough she can have a relative or friend co-sponsor you both.

But of course an immigration attorney would be able to advise you best.

Good luck

coral11680

actually I think the best option is for him to sponsor you and then your daughter can apply at the same time as you.

In most cases, when your spouse’s place in line is reached, his or
her unmarried children under 21 years old can follow to join the
relative on the same visa petition. However, if an unmarried child
turns 21 years old before reaching the "front of the line," you will
need to file a new separate petition for each child included on the
original petition. Please following instructions and include a copy of
the receipt notice for the original petition.

jxv73

If by "immigration specialist" you mean a qualified, experienced immigration attorney. The term "immigration specialist", unfortunately, is not specific enough - a lot of "agencies" (notarios ) brand themselves as "specialists" but are not.

scrubbedexpat099

Wrong

Coral, a little knowledge can be dangerous.

coral11680

what is wrong?