DCF & travel relation questions

[serra142]

Hi,

I am an US citizen living in India for last couple of years. Married to Indian citizen. Planning to go back to US at some point. Not sure about exact timeline. want to apply for DCF at Delhi and keep visa ready.

1. While DCF is going on, can my wife visit US on visitor's visa if I can get that also? If we make this, it would be just one month trip and come back to India.

2. Once she gets her visa, how long can she wait before entering US? Is there any rule that she has to enter with in certain time or can she wait for an year or 2 and then enter?

3. Once she enters on IR visa, she has to keep visiting US every 6 months. right? or does she still has an option to come back to India to stay for an year or 2?

Thank for any answers. I will update once I start my DCF process.

Regards
Serra142

[peace999]

1. Visitor visa applicants must have a non-immigrant intent which is in direct conflict with an IR visa. So, if you have a pending immigrant petition, especially an IR petition , visitor visa will not be granted.

2. IR visa has a validity period of some months, you must use it during that period or
you have to start over with the petition process.

3. Once a permanent resident, you must maintain a residence in US. there is no 6 month rule.
It is at the discretion of the officers. Even if you stay 6 months in US and the officer suspects, you have abandoned residence in US, they can cancel your PR status.
Staying more than a year out of US will surely cancel your PR status.
This is an important issue very well explained at the US embassy new delhi website.
Cannot post the link here as this forum deletes them.