Me: US citizen living and working abroad 10 years.
Wife: Foreign national, not a US citizen. No problems with criminal record, health or anything else substantive.
2 Kids: Dual nationality, US citizens with US passports, registered and certified with local embassy.
We have tried twice for my wife to get a tourist visa to visit my family in the USA and she was denied both times. No explanation why. (Does anyone know what the embassy officers are really looking for in those tourist visa applications? I know they are supposed to be assessing non-immigrant intent. But what are they really looking for to decide, a high bank account balance or what? Very frustrating.)
Since the tourist visa has been a bust, we are considering an application for LPR (green card). The thing is we don't actually want to live in the USA. I have a good job abroad and don't want to leave it, but I want us to be able to make visits to the USA as a family.
Is there any way for us to get my wife an immigrant visa but with permission to live outside the USA because my work keeps me living outside the USA?
I have seen the official ICE rule that a lawful permanent resident may not be outside the USA for more than a year without jeopardizing status. But I had an immigration lawyer tell me that if a LPR is out of the country for more than 30 days they could jeopardize their green card status.
We could visit for a month or so every year to keep that up with no trouble. So the one year rule is not a problem.
But my bigger question is: In the application process, do we have to act like we are going relocate to and live in the USA and then have a "change of plans"? Or can we be up front about the fact that my work keeps me out of the USA and the green card holder will also be spending most of the year outside the US with me? If we are up front like that about out intention to spend most of the year outside the USA is she going to be denied a green card because there is no real intent to "reside" in the US? Or do we just have to fake our intentions in the application process?
Also, do I need to be present in the USA for any length of time before we apply? Or can I sponsor her application from where we are outside the US? I spend several weeks a year in the US on vacation. Recently an immigration lawyer advised me that I should be present in the USA for three months before sponsoring my wife's I-130. Three months?! How am I supposed to do that and continue to earn a living?
Insights and cites to rules and regs much appreciated.
Thanks!!
Wife: Foreign national, not a US citizen. No problems with criminal record, health or anything else substantive.
2 Kids: Dual nationality, US citizens with US passports, registered and certified with local embassy.
We have tried twice for my wife to get a tourist visa to visit my family in the USA and she was denied both times. No explanation why. (Does anyone know what the embassy officers are really looking for in those tourist visa applications? I know they are supposed to be assessing non-immigrant intent. But what are they really looking for to decide, a high bank account balance or what? Very frustrating.)
Since the tourist visa has been a bust, we are considering an application for LPR (green card). The thing is we don't actually want to live in the USA. I have a good job abroad and don't want to leave it, but I want us to be able to make visits to the USA as a family.
Is there any way for us to get my wife an immigrant visa but with permission to live outside the USA because my work keeps me living outside the USA?
I have seen the official ICE rule that a lawful permanent resident may not be outside the USA for more than a year without jeopardizing status. But I had an immigration lawyer tell me that if a LPR is out of the country for more than 30 days they could jeopardize their green card status.
We could visit for a month or so every year to keep that up with no trouble. So the one year rule is not a problem.
But my bigger question is: In the application process, do we have to act like we are going relocate to and live in the USA and then have a "change of plans"? Or can we be up front about the fact that my work keeps me out of the USA and the green card holder will also be spending most of the year outside the US with me? If we are up front like that about out intention to spend most of the year outside the USA is she going to be denied a green card because there is no real intent to "reside" in the US? Or do we just have to fake our intentions in the application process?
Also, do I need to be present in the USA for any length of time before we apply? Or can I sponsor her application from where we are outside the US? I spend several weeks a year in the US on vacation. Recently an immigration lawyer advised me that I should be present in the USA for three months before sponsoring my wife's I-130. Three months?! How am I supposed to do that and continue to earn a living?
Insights and cites to rules and regs much appreciated.
Thanks!!