Question on AOS while staying overseas

[PeteUS325 0]

We're in the middle of waiting for the P3/P4 from the US embassy in

Guangzhou, China. Judging from the way things are moving for the K-1 visa,

we're hoping to get her the interview shortly.

The question that I have for the forum is I was approached recently

with a potential job opportunity at oversea. Assuming we get married

in the US as soon as she get the K-1 visa and then we move overseas

right after that. Can she still apply for the AOS/green card while she stay

with me as a married couple at overseas? And if not, how can she come

back to the US with me in the future if we decide to move back to the

states later??

TIA,

Pete

[rebeccajo 14]

If you are living permanently in another nation as a married couple, the route to return to the US would be Direct Consular Filing (DCF). Read up on that.

She can enter on the K1. You two can then marry, leave together and live in another country. But she will not arbitrarily be re-admitted to the US.

Edited February 11, 2008 by rebeccajo

[diadromous mermaid 36]

We're in the middle of waiting for the P3/P4 from the US embassy in

Guangzhou, China. Judging from the way things are moving for the K-1 visa,

we're hoping to get her the interview shortly.

The question that I have for the forum is I was approached recently

with a potential job opportunity at oversea. Assuming we get married

in the US as soon as she get the K-1 visa and then we move overseas

right after that. Can she still apply for the AOS/green card while she stay

with me as a married couple at overseas? And if not, how can she come

back to the US with me in the future if we decide to move back to the

states later??

TIA,

Pete

Save for very limited situations, an alien cannot adjust status while living overseas with you, because one of the requirements would be for the USC petitioner to demonstrate domicile in the USA. Your options are to begin the process later after marriage as a K3 or CR-1, but at that point you will have to show that you are domiciled in the USA.

[PeteUS325 0]

>If you are living permanently in another nation as a married couple .......

It is never my intention to live overseas permanently. I can envision this oversea work assignment will only last 1 year or two.

So are you saying we should file for AOS/green card at the local US embassy once we've decided on a date to come back home (US)?

TIA,

Pete

[PeteUS325 0]

We're in the middle of waiting for the P3/P4 from the US embassy in

Guangzhou, China. Judging from the way things are moving for the K-1 visa,

we're hoping to get her the interview shortly.

The question that I have for the forum is I was approached recently

with a potential job opportunity at oversea. Assuming we get married

in the US as soon as she get the K-1 visa and then we move overseas

right after that. Can she still apply for the AOS/green card while she stay

with me as a married couple at overseas? And if not, how can she come

back to the US with me in the future if we decide to move back to the

states later??

TIA,

Pete

Save for very limited situations, an alien cannot adjust status while living overseas with you, because one of the requirements would be for the USC petitioner to demonstrate domicile in the USA. Your options are to begin the process later after marriage as a K3 or CR-1, but at that point you will have to show that you are domiciled in the USA.

>Your options are to begin the process later after marriage as a K3 or CR-1,

>but at that point you will have to show that you are domiciled in the USA.

If that's the case, is that meant I'll have to leave her behind and come back to the US all by myself after I finish the work overseas. THEN file for K-3/CR-1 (what's the differeence anyway?) so we can reunite as a couple?! That's sucks!!

I think the USCIS has to make some adjustment in the future as to how they handle situation like that. US workforce is getting more and more fluid and transitional these days. There are millions of Americans working overseas and the USCIS should accomodate the trend and new work habit.

[youtube 0]

You might be able to get advance parole but if I were you, I would get in writing from NVC or immigrations what you are trying to do. our opinions don't matter. When you try to re-enter in a year or two, rules could change. I don't think you want a big surprise like being refused entry and immediatley being deported.!

[Rob & Jin 0]

Pete ,

With K-1 you will need to marry in the USA within the 90 days then apply for AOS, AP and EAD. She can leave the country any time no problem but its the getting back in that will be the problem.

Even with AP if she/you are out of the country your chances of successful AOS are very small, ie how will you do biometrics and interview at the local USCIS office in the USA dealing with your case ?you are apply to change from immigrant to resident.

Remember you are applying to adust status to get a green card - permanant resident- pretty hard to do if you are not here.

Even if you get it somehow, if she out of the US for more than 6 months her GC will be revoked/ considered given up.

[PeteUS325 0]

Pete ,

With K-1 you will need to marry in the USA within the 90 days then apply for AOS, AP and EAD. She can leave the country any time no problem but its the getting back in that will be the problem.

Even with AP if she/you are out of the country your chances of successful AOS are very small, ie how will you do biometrics and interview at the local USCIS office in the USA dealing with your case ?you are apply to change from immigrant to resident.

Remember you are applying to adust status to get a green card - permanant resident- pretty hard to do if you are not here.

Even if you get it somehow, if she out of the US for more than 6 months her GC will be revoked/ considered given up.

I know it won't be easy. But since I live and work in Bermuda now, the flight back to NY/NJ is only 2 hours away. I plan to have her stay with me on the island for most of the time after we send in her AOS application. But I'll also make sure she won't stay anywhere as long as 6 months to cause any trouble with her AP status or GC application. I can see we'll rack up a lot of milages on air travel in the future!