How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108661
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

Residing out of country while having I-130 filed for spouse?

This answer was rated:

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.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

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.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to Thank you!

Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
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.

Related Immigration Law Questions