Start the green card process before relocating to US?

[onlyconnect 0]

Hello, I am a US citizen living in Taiwan with my wife, who is a Taiwan national. I was wondering if it was possible to begin the green card process for her before we have a set time to return to the US. I work for a multinational PR firm here and a transfer opportunity back to the US might come up quite suddenly without much time to prepare. Ideally my wife would go with me right away if I only had a few months notice, though I understand the entire visa application process may take at least 7 months. Can I begin the application process early without a set return date (it might be several years) so that we don't have to start from the very beginning if I'm notified of a transfer? Everyone's insights on this would be highly appreciated, thank you!

[Roosha 51]

It would be better for you to apply while you (the USC) are still living abroad. But, once the visa is issued your wife will only have 6 months before the visa expires. You could travel to the states and enter and then she'd get the green card and return to Taiwan, and then keep coming back to the US every 6 months to enter, but that's frowned upon and her green card might be taken from her since she will be considered a permanent resident and therefore needs to actually reside in the USA.

I'd prepare the petition and everything and have it ready. Then, if and when you get a transfer opportunity, file the petition from abroad and then move back to the USA before her. You'll be separated for the duration of the visa process, but it'll be the fastest way to get the petition processed.

[MedRoni 161]

Hello, I am a US citizen living in Taiwan with my wife, who is a Taiwan national. I was wondering if it was possible to begin the green card process for her before we have a set time to return to the US. I work for a multinational PR firm here and a transfer opportunity back to the US might come up quite suddenly without much time to prepare. Ideally my wife would go with me right away if I only had a few months notice, though I understand the entire visa application process may take at least 7 months. Can I begin the application process early without a set return date (it might be several years) so that we don't have to start from the very beginning if I'm notified of a transfer? Everyone's insights on this would be highly appreciated, thank you!

Sure you can start it, however once her visa is approved it is only valid for 6 months. She will need to go the US in that time period or her visa will become invalid and you would have to start over. Unfortunately without knowing when or even if you will go it will be tough to guesstimate when you should fill out paperwork.

[Darnell 8,478]

there are two ways to get a green card:

1. apply for, and get, an Immigrant VISA. Once crossing into the USA on said visa, a green card is automatically printed out and mailed out.

2. come to the USA, apply for adjustment of status. A green card is issued after the adjustment of status casefile is approved.

Edited January 28, 2013 by Darnell

[Penguin_ie 5,992]

A totally fluid return date isn't really possible to accomodate. You can start the process and then delay it at various stages by taking your time sending back paperwork, but that won't work indefinitely.

[onlyconnect 0]

Thanks to everyone for their excellent feedback, it was extremely helpful!

My only other question then is if my wife and I do need to be separated for a time during the application process, is it ok for her to come to the US to visit me for a little while on her tourist visa before the immigration visa is processed? Or does she need to remain in Taiwan?

[Penguin_ie 5,992]

Yes, she can visit you for as long as her tourist visa allows, but should be careful not to overstay.

[onlyconnect 0]

Thanks!