K3 Visa living outside 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....

[YuAndDan 153]

You have a problem, you cannot file for a K-3 at this time, you need to file the I-129F between NOA1 and NOA2. You are well on the way to getting a CR-1, according to your signature you are well into the NVC process for the CR-1.

CR-1 is a 6 month single entry visa, once you use it, you will be considered LPR. If you continue living outside the USA after becoming LPR (Green-card holder) you risk loosing LPR status and will be starting over again for a new visa.

K-3 would have been a better choise, K-3 is 2 year multi entry, you would have had 2 years to move to USA and then file for green-card.

About Green-card:

Maintaining Permanent Residence

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Note: Working outside USA on a green-card can be considered abandoning LPR status.

[pushbrk 12,883]

You have a problem, you cannot file for a K-3 at this time, you need to file the I-129F between NOA1 and NOA2. You are well on the way to getting a CR-1, according to your signature you are well into the NVC process for the CR-1.

CR-1 is a 6 month single entry visa, once you use it, you will be considered LPR. If you continue living outside the USA after becoming LPR (Green-card holder) you risk loosing LPR status and will be starting over again for a new visa.

K-3 would have been a better choise, K-3 is 2 year multi entry, you would have had 2 years to move to USA and then file for green-card.

About Green-card:

Maintaining Permanent Residence

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Note: Working outside USA on a green-card can be considered abandoning LPR status.

In short, there's no point in attemting to emmigrate to the US until you are ready to reside here permanently. And yes, it's too late for any K3 visa because you didn't file an I-129F for spouse before your I-130 was approved.

[Marlita 0]

Trulo,

I'm confused. Were you NEVER trying to immigrate permantly? I understand the great job thing, and also wanting to have access in and out of US to visit your wife, but that would be just visiting, not immigrating...which sounds like what you may indeed want to do now. I read that if you are not living within the States permanently come AOS time, your status as a LPR will be revoked. I think thats a security thing. They don't want people to have LPR status and rights in the US who's main goal was to actually live outside the country...that looks a bit suspect.

I think you may have to start over and file for a K3 visa, or make an infopass and ask if you can convert to a K3 while you are on the CR1 path.

[pushbrk 12,883]

Trulo,

I'm confused. Were you NEVER trying to immigrate permantly? I understand the great job thing, and also wanting to have access in and out of US to visit your wife, but that would be just visiting, not immigrating...which sounds like what you may indeed want to do now. I read that if you are not living within the States permanently come AOS time, your status as a LPR will be revoked. I think thats a security thing. They don't want people to have LPR status and rights in the US who's main goal was to actually live outside the country...that looks a bit suspect.

I think you may have to start over and file for a K3 visa, or make an infopass and ask if you can convert to a K3 while you are on the CR1 path.

Even if a K3 were available (It isn't without starting over from scratch) it would only buy a little time. With visa in hand, he could enter multiple times for two years but if he doesn't relocate permanently far enough in advance of the two year window closing, he'll never get a green card. Regardless, he would have a three or more month window without work authorization.

Don't file for a visa to immigration to the US unless you're ready to immigrate to the US.