K3 living out side the US

[trulo 0]

Will i be penalized, when it time for AOS to permanent residency... if as a K3 Visa holder i live outside the US with my WIfe(she a US citizen).....i will be back at six months intervals to avoid any compliplication but we both work outside US in Jamaica....I have a great job here......so pleae let me know....

[kim&james 0]

From the looks of your timeline you are going for the IR/CR visa? If so then what you are proposing will not work under either visa. You have to maintain residency in the US to retain your status. Popping back every 6 months will not work.

http://www.uscis.gov/files/article/B4.pdf

If You Plan on Traveling Outside of the U.S.

While permanent residence normally means the ability to travel

freely outside the U.S. and return, there are limitations. Lengthy

absences, particularly if they involve work or taking up residence

abroad, can lead to abandonment and loss of permanent residence

status, or delayed eligibility for naturalization. Absence for a year

or more can be particularly problematic.

You may be able to reduce the risk of abandonment by filing

for a “reentry permit,†using Form I-131, Application for Travel

Document, before you depart. Under more limited circumstances,

you may be able to protect your eligibility for naturalization by filing

a Form N-470, Application to Preserve Residence for Naturalization

Purposes, before you depart.

Edited April 12, 2008 by kim&james