Must you stay in US for 2 years?

[crockies99 0]

I am from the US and my fiance is from Canada.

When she gets approved for K1 and then crossed the border and then we get married, does she have to stay in the United States for 2 years before she can go back to Canada to visit her family?

She though she read this somewhere and it sounded strict to me and wanted to know if it was true?

Thank you.

[Hershey888 5]

I am from the US and my fiance is from Canada.

When she gets approved for K1 and then crossed the border and then we get married, does she have to stay in the United States for 2 years before she can go back to Canada to visit her family?

She though she read this somewhere and it sounded strict to me and wanted to know if it was true?

Thank you.

No! After u get married and file for AOS then u get approved in 6 months or so she will get her greencard. At that time she can go back to canada and visit her family.

[QueenOfBlades 224]

Or she can go when she gets AP. When you apply for your green card, you also apply for Advanced Parole and the Employment Authorisation Document. The Advanced Parole allows her to leave the country.

[CDNme 11]

I am from the US and my fiance is from Canada.

When she gets approved for K1 and then crossed the border and then we get married, does she have to stay in the United States for 2 years before she can go back to Canada to visit her family?

She though she read this somewhere and it sounded strict to me and wanted to know if it was true?

Thank you.

My fiance is from the US and I am Canadian... the current approx wait time to receive AP (Advance Parole - which will allow your fiance to travel outside the USA) is 3 months after you file. You can file for AP after she arrives to the US and you marry. Most people also apply for EA (Employment Authorization) at the same time.

[Penguin_ie 5,993]

She'll be able to visit once she has AP/ her greencard, but not to live abroad.

[Pitaya 2,577]

No! After u get married and file for AOS then u get approved in 6 months or so she will get her greencard. At that time she can go back to canada and visit her family.

Uh, heavy on the "or so." If you think that the times for K-1 petition approval are long as a result of DACA, take a look at a the AOS approval times.

The visa beneficiary should plan on applying for Advance Parole ASAP after marrying the USC petitioner, in conjunction with their AOS filing, then international travel is available. The real prize is the 2-year conditional GC,

Good luck on your visa journey.

[baron555 934]

No! After u get married and file for AOS then u get approved in 6 months or so she will get her greencard. At that time she can go back to canada and visit her family.

Nope, wrong.

She can always leave the US at any time.......it's being able to return is where is gets sticky, maybe.

Once you are married, she must AOS and obtain either the AP or the GC (you apply for all at the same time, no charge) since either allows her to re-enter the US. Without one of these she could not re-enter and then you both would have to wait for about a year after you file for a CR-1 spousal visa.

The AP is about 3 months after filing and the GC is about 5.

To maintain her GC permanent residency, she must remain in the US, I believe, for at least 6 months of each year. So once she gets the GC, she can travel whenever she wants but just has to return and stay here to meet that minimum.

[Hershey888 5]

Nope, wrong.

She can always leave the US at any time.......it's being able to return is where is gets sticky, maybe.

Once you are married, she must AOS and obtain either the AP or the GC (you apply for all at the same time, no charge) since either allows her to re-enter the US. Without one of these she could not re-enter and then you both would have to wait for about a year after you file for a CR-1 spousal visa.

The AP is about 3 months after filing and the GC is about 5.

To maintain her GC permanent residency, she must remain in the US, I believe, for at least 6 months of each year. So once she gets the GC, she can travel whenever she wants but just has to return and stay here to meet that minimum.

No am not wrong! When i filed my greencard couple yrs ago my atty told me i cant go home when my father died. But i did go home after i got my green card 5 months after applying greencard.

Edited April 11, 2013 by Hershey888

[Hershey888 5]

Uh, heavy on the "or so." If you think that the times for K-1 petition approval are long as a result of DACA, take a look at a the AOS approval times.

The visa beneficiary should plan on applying for Advance Parole ASAP after marrying the USC petitioner, in conjunction with their AOS filing, then international travel is available. The real prize is the 2-year conditional GC,

Good luck on your visa journey.

Am only sharing my experience when i was applying for greencard couple yrs ago that i have to go back wen my dad passes away. The atty told me i cant but i can after the approval of my greencard

[Harpa Timsah 13,258]

No am not wrong! When i filed my greencard couple yrs ago my atty told me i cant go home when my father died. But i did go home after i got my green card 5 months after applying greencard.

You can always leave. You just can't come back.

[baron555 934]

No am not wrong! When i filed my greencard couple yrs ago my atty told me i cant go home when my father died. But i did go home after i got my green card 5 months after applying greencard.

Your attorney was wrong. If you don't have a valid EAD or GC in hand, then you WILL NOT be allowed back into the US regardless of your reason for leaving it.

This is a fact and is well known (except maybe to some legal advisors).

[vbtwo 54]

To maintain her GC permanent residency, she must remain in the US, I believe, for at least 6 months of each year. So once she gets the GC, she can travel whenever she wants but just has to return and stay here to meet that minimum.

There's no real minimum as to how much out of the year you must stay in the US, but there's this ambiguous rule that you have to maintain permanent residency intent to keep your permanent resident status. So if the officer at the POE thinks that you do not want to live here for some reason (you are out of the country for a long time, you travel out of the country too frequently, etc), they do not have to let you in on a GC, which is where the "stay in the US for more than half a year" thing comes from, but it's not automatic that you won't be let in if you stay out of the country for longer.

Also, if you leave for more than a year, then you will not be let back in without first obtaining a reentry permit before you leave (which is valid for 2 years) or getting a returning resident visa from a consulate before you return.

There is a 6-month rule for naturalization. If you are out of the country for more than 6 months, then that disrupts the "continuously live in the US for 3 years" rule and you have to wait 3 more years before applying for citizenship.