Can you give your suggestions for our unique situation?

[dustonio 1]

I have a unique situation and am looking for advice.

About me:

- US Citizen, Male, 33 yrs old

- Own a web business and work virtually to earn a living

About my girlfriend:

- Filipina

- Used to be an overseas foreign worker (OFW) for 5+ years in Bahrain

- She recently moved back to the Philippines so I could be with her (I didn't want to move to Bahrain)

We have been dating for two years and are planning on getting married soon, but would like some advice about the best route to take for our unique situation. She owns a house in Manila and we now live there. I have a multiple-entry visa to the Philippines.

I do not own or rent an apartment in the US. Instead I use my mother's address as my permanent US address and stay with her when I come back. I come back to the States every 3-6 months for trade shows and other business meetings and usually stay only 4-8 weeks each time.

We would like to get married (it doesn't matter if in the US or abroad) but would like to have the freedom of entering/leaving the US. Our ultimate goal is for her to get US Citizenship, but we also want to spend part of the year living in Asia.

What is the best route for us to take (K-3, CR-1, apply directly through consulate in Manila)?

If she gets a green card, how much time can she live outside the US without abandoning permanent residency?

[MargotDarko 0]

Well... it's not going to be easy. You're eligible to file the I-130 with the embassy in Manilla, which is good. You can get her the CR-1 visa in a pretty short amount of time, and when she used it to enter the US, it would be endorsed and become a temp green card and then a two-year card would come in the mail. You proving US domicile could be quite a major road block if you don't intend to get a job in the US or set up residence, other than your mom's place, in the US.

But the point of her becoming a PR is to live in the US, not to be able to travel in and out often. PRs are supposed to make the US their main residence. A PR can stay out of the US for up to a year without abandoning their status, but anything over six to eight months tends to be looked pretty closely and she would need reasons, such as tying up loose ends in the Phillipines, for not settling properly in the US.

The even harder part is trying to gain citizenship for her. She has to spend a certain amount of time in the US with you over a certain number of years, and each time she's out of the US for more than six months, the clock restarts.

Your best course of action actually would be to decide when you'd want to focus on citizenship for her and then plan to live in the US as your main homebase for about four years (time to get green card, lift the conditions on the card, and become a naturalised citizen) and then go back to Phillipines as the main home base with trips back to the US.