I-485 Filing - spouse in india

[jaheerabbas]

Hello Gurus,

I had to file for I-485 in feb 2012 . My wife and kid is in india and my wife wants to settle in india becoz of kids education and would like to join with me later . can i go ahead with filing I-485. . When I can get my wife and kid to USA if i am not including their names while filing ..

Is it possible to file -I-485 without my family in USA .

Please let me know asap.

Your inputs are highly appreciated.

thanks/jaheer

[JoeF]

The GC requires that you reside in the US. If you want to move back to your home country, the GC would not be the right thing for you. It would become invalid as soon as you move out of the US.

[Belle]

You can get your green card, but you will have to live in the US for at least 6 months in a year. Your wife can file later. However, you should also consider your kid's situation and aging out. Talk to a lawyer.

[JoeF]

You can get your green card, but you will have to live in the US for at least 6 months in a year.

Actually, that is not quite right.

An LPR has to reside in the US. This does not preclude travel abroad, not even extended travel abroad. The main thing is that the travel abroad has to be temporary in nature.

Moving abroad is not temporary, and would result in immediate loss of the GC.

[Belle]

Actually, that is not quite right.

An LPR has to reside in the US. This does not preclude travel abroad, not even extended travel abroad. The main thing is that the travel abroad has to be temporary in nature.

Moving abroad is not temporary, and would result in immediate loss of the GC.

Actually, this is not quite right either. One may receive a parole to reside abroad for an extended period of time, up to two years, I believe. If the poster would like to be with his family while his kids finish education, and then move back to the US, this might just fill the ticket.

[JoeF]

Even with a reentry permit, the stay abroad has to be temporary in nature.

See http://www.murthy.com/news/ukreeperm.html