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luckyboy2009

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I am the DV winner and my country of charge was the country of my spouse as my country is not eligible for the DV lottery. We both have recently got our visas and the officer in US Embassy told us that we must fly together to US. My questions is, what if my spouse will not stay there and after we arrive in US, the spouse will come back and I stay there.
Will it have any effect in future on my green card? Shell I have problems when I apply for passport later on?
 
luckyboy2009 said:
I am the DV winner and my country of charge was the country of my spouse as my country is not eligible for the DV lottery. We both have recently got our visas and the officer in US Embassy told us that we must fly together to US. My questions is, what if my spouse will not stay there and after we arrive in US, the spouse will come back and I stay there.
Will it have any effect in future on my green card? Shell I have problems when I apply for passport later on?
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When you guys get the visas after the interview you should enter the country within the next 6 months. Then you have to stay there until receiving the Green Card.

After this you can leave the country for no more than 6 months, otherwise you guys can lose the Permanent Resident status. In fact, if you apply for a Green Card is because it is supposed that you want to live, to reside in US, so therefore why you should be out the country for more than half of the year?

If your spouse loses her Resident Permit staying more than 6 months out the country, then you will have to sponsor here in order to get a visa to immigrate US, and that would take a long time!.

This is why I always recommend people that apply for the DV program to be 100% sure and to have all the ideas clear to move AND LIVE in US.

Regards,
 
Last edited by a moderator:
luckyboy2009 said:
I am the DV winner and my country of charge was the country of my spouse as my country is not eligible for the DV lottery. We both have recently got our visas and the officer in US Embassy told us that we must fly together to US. My questions is, what if my spouse will not stay there and after we arrive in US, the spouse will come back and I stay there.
Will it have any effect in future on my green card? Shell I have problems when I apply for passport later on?
Click to expand...

Your Green Card and your spouse green card will not affect one or another. If your spouse left the U.S and decided not to come back, it will not have any effect on your green card or U.S passport in the future.
 
Let it be more clear. She has no intention to stay in US as immigrant. If required, she can visit me later even without green card because she does not need any visa to visit US (with her native passport, she can stay upto 6 months without visa). My question is that does it has any effect on my green card and citizenship if she will not stay in US as immigrant?
 
Tazmania said:
Wrong! She can stay 364 days max out of the country.
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As Permanent Resident in US you can't stay out the country more than half year. That's a common rule not only in US but in every country.

I know people that after 6 months tried to get into the country and had a lot of problems. In order to stay out the country more than 6 months you have to apply for a PERMIT and that's the 1 year you are talking about.

Regards,
 
luckyboy2009 said:
Gerindo, do you have still same opinion?
Any comments from someone else?
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Your wife should not have any problem coming to the U.S to visit you if she's under the visa waiver problem.

and about how long can someone stay outside the U.S. The rule says the max is 364 days out of a year.

If a U.S PR is outside the U.S for less or equal to 6 months, he/she should have no problem coming back to the U.S without having their GC revoked.

If a U.S PR is outside the U.S for more than 6 months but less than a year (364 days), he/she will have difficulty coming back to the U.S. He/She will have to prove to the immigration that he/she is still has the intention to live in the U.S and become a PR of the U.S by showing proof of address, bank accounts, tax paperwork, etc.

If a U.S PR is outside the U.S for more than 1 year and did not have a travel permit from the USCIS. His/her PR status will be revoked by the U.S Government, and he/her has to reapply for a new PR status.
 
Gerindo said:
Your wife should not have any problem coming to the U.S to visit you if she's under the visa waiver problem.

and about how long can someone stay outside the U.S. The rule says the max is 364 days out of a year.
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As you said "somebody", an American Citizen for example, but not a PR one.

Gerindo said:
If a U.S PR is outside the U.S for more than 6 months but less than a year (364 days), he/she will have difficulty coming back to the U.S. He/She will have to prove to the immigration that he/she is still has the intention to live in the U.S and become a PR of the U.S by showing proof of address, bank accounts, tax paperwork, etc.
Click to expand...

Correct, this is what I wanted to explain.

Gerindo said:
If a U.S PR is outside the U.S for more than 1 year and did not have a travel permit from the USCIS. His/her PR status will be revoked by the U.S Government, and he/her has to reapply for a new PR status.
Click to expand...

Correct, this is the permit I was talking about.

But guys, this is the most common rule in all countries around the globe. If you are a PR it is not logical to live more than half of the year out the country where you are residing. This is this way in US, Spain, France, Australia, China, or whatever, .. so we are not discovering a new thing.

Regards,
 
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