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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105135
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Residing out of country while having I-130 filed for spouse?

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Residing out of country while having I-130 filed for spouse?
I am a US citizen. I am planning to file I-130 for Canadian wife. She is Canada right now finishing her medical school and plans to start living with me in US in May/Jun 2015. If I file her petition now, can I live with her in Canada for the next 2 years with an intent to come back and settle in US after May/Jun 2015. I have potential job offer in Canada but I dont want to disturb my I-130 petition.
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That would be perfectly fine. The I-130 will take about 6 months or more to approve. Then the process through the National Visa Center will take 3 to 6 months or so and you can delay responding to each of the two letters that the NVC will send you by up to one year without abandoning the process. So you can buy plenty of time. You should be able to time it well so that you can come in together when you are ready to immigrate to the U.S.

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Customer: replied 3 years ago.

Hi Guillermo,

I am still a bit confused. I am filing her I-130 so that she can get her interview and have a green card by early next year. I guess my question would be: is it fine if I am staying out of country while her immigration process is ongoing?



Yes, that's fine. You do not have to be constantly with her, but you may need to prove that your relationship is real.

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