eikogs Posted October 30, 2015 Report Share Posted October 30, 2015 I am an expat working for a US based company in our China office. I started the process of getting my wife's IR1 visa about 2 years ago, as I was unsure when I would have to move back to the US. We finally got everything complete. We had the first POE on October 2 and she got her passport stamped. We were just visiting family on that trip because I am still stationed in China. The POE was on October 2, but we returned to China on the 20th. We will be taking another trip back to the US in December for Christmas, but that will also only be temporary. Are there any additional steps that we need to take to ensure that her visa is not revoked? My job situation could change on short notice, but we are trying to stay in China for about another 18 months. We will be able to continue to travel to the US about every 6 months. Link to comment
dnoblett Posted October 30, 2015 Report Share Posted October 30, 2015 File an I-131 for an extended period away from the states the problem is Biometrics, getting this timed so it happens when visiting in November, if they schedule biometrics early you may be able to reschedule it for when you are here. The I-131 allows a period away for up to 2 years, http://www.uscis.gov/i-131 Link to comment
eikogs Posted October 30, 2015 Author Report Share Posted October 30, 2015 Thanks for the quick answer. As I am looking through the I-131 instructions, I am not seeing anything that describes our situation, and getting a little worried about getting her back in when we return to the states. We entered on October 2 with the IR1 visa, but flew back to China 2.5 weeks later. Will this be an issue when we come to the US in December since I did not file the I-131 before leaving after the POE? If we do get back in with no issues is it critical to get the I-131 filed before heading back to China again. If so, how long do we need to be in the US on that trip to get it all done? Link to comment
dnoblett Posted October 30, 2015 Report Share Posted October 30, 2015 Should have no issue returning, only an absence longer than 6 months, tend to get additional questioning, and a year or longer can have bigger issues. Link to comment
Randy W Posted October 31, 2015 Report Share Posted October 31, 2015 You would do well to BE PREPARED for any questioning at the POE by maintaining (and having at hand) evidence of your US domicile and reasons for the overseas stays. Link to comment
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