Work in Europe before get Green Card

[Awww24 0]

Well... A lot of things are happening in my life... I am almost getting it but still waiting for a EAD...

I am not able to work here and my economy situation is really bad.

Yesterday I got a call from a company in Europe... they want to flight me there for an interview and a real possibility to get a job.

My wife will come with me...

I have several questions... i would like some help... it is a difficult since it is a really difficult deccission:

I am in the middle of the whole process, AOS because marriage... I have an AP to travel... but:

1. Will the process be paused till i come back? Will I lose to be considered for a AOS, permanent resident even thinking that my wife is gonna come with me?

2. How much time could i be working in Europe?

3. What i would have to do to come back after, imagine, one year? And if i come back before six months pass?

Thanks a loooooot! Again, you guys are the best!

[Mononoke28 135]

That's a tough choice to make considering the state of the economy in this country. You are free to do as you wish but you need to consider all your options before you make a decision. The first being that your AOS has not been approved yet and the USCIS might ask you to go in for an interview before it is approved. Also, keep in mind that the whole purpose of a getting a permanent residency is to live permanently in the US, so you may be able to stay away for 6-12 months but you will most likely have to explain your absence when you come back. If the company in Europe decides to hire you and you decide to take it and plan to be outside the US for more than 12 months, you will have to file an I-131 so you can stay outside the US for up to 24 months and be able to return without any problems. Again, this form needs to be approved before you leave.

Diana

[Awww24 0]

That's a tough choice to make considering the state of the economy in this country. You are free to do as you wish but you need to consider all your options before you make a decision. The first being that your AOS has not been approved yet and the USCIS might ask you to go in for an interview before it is approved. Also, keep in mind that the whole purpose of a getting a permanent residency is to live permanently in the US, so you may be able to stay away for 6-12 months but you will most likely have to explain your absence when you come back. If the company in Europe decides to hire you and you decide to take it and plan to be outside the US for more than 12 months, you will have to file an I-131 so you can stay outside the US for up to 24 months and be able to return without any problems. Again, this form needs to be approved before you leave.

Diana

Thanks a lot Diana,

So... if i understand everything... I am able to be in Europe for six months prior to get the Green Card? but... Will stay outside USA delayed the process or they will call me for the interview not matter where I am?

We both want to live in the US but... you know... the economy is being a big problem and if we are able to get a good job during a time and then come back without problems (being away no more than 6 months) this is something to consider..

thanks again!

[Otto 83]

There are a lot of 'ifs' here.

My first thought is 'what happens if/when USCIS schedules an AOS interview?' Will you be able to return for this?

[Awww24 0]

There are a lot of 'ifs' here.

My first thought is 'what happens if/when USCIS schedules an AOS interview?' Will you be able to return for this?

Well, thinking that I am gonna have money I am sure I am gonna be able to take around three days for the interview but the problem is... Imagine, when we get to the interview... we are gonna be living together BUT in Europe! Will it be a problem?

I am wondering if i Could transfer the case to a consulate in Europe? maybe it will be the solution... if i finally decide to get the job.

thanks again!

[Otto 83]

There are a lot of 'ifs' here.

My first thought is 'what happens if/when USCIS schedules an AOS interview?' Will you be able to return for this?

Well, thinking that I am gonna have money I am sure I am gonna be able to take around three days for the interview but the problem is... Imagine, when we get to the interview... we are gonna be living together BUT in Europe! Will it be a problem?

I am wondering if i Could transfer the case to a consulate in Europe? maybe it will be the solution... if i finally decide to get the job.

thanks again!

You can not adjust status (to permanent resident) from outside the country - meaning you can not transfer your case to a consulate/embassy. If you are scheduled an AOS interview - you would not want to miss the interview.

[Awww24 0]

You can not adjust status (to permanent resident) from outside the country - meaning you can not transfer your case to a consulate/embassy. If you are scheduled an AOS interview - you would not want to miss the interview.

that was a really ridiculous question, right?

so... they still will scheduled an AOS interview even if i am outside of the country... will be a huge problem during the interview to be living with my wife outside US? I guess there is not a 100% sure answer for that question...

thanks.

[Otto 83]

You can not adjust status (to permanent resident) from outside the country - meaning you can not transfer your case to a consulate/embassy. If you are scheduled an AOS interview - you would not want to miss the interview.

that was a really ridiculous question, right?

so... they still will scheduled an AOS interview even if i am outside of the country... will be a huge problem during the interview to be living with my wife outside US? I guess there is not a 100% sure answer for that question...

thanks.

They might schedule an interview - they did not for us, and for many they don't. If they don't - that is helpful for your situation since you would not have to return to the US to attend the interview.

Now - if they do schedule an interview, and you do attend but are living outside the country - that could be an obstacle you'll need to overcome (especially if you're working/living there) since.

[Kez/JWolf 6]

If you get called for an interview you will have to take evidence of your joint living together. So that would be utility bills showing the same address in the USA, rental agreement/Mortgage, intermingled finances and other evidence of your married life. I dont think you are going to get a very good response from any interviewing officer when they find out you are living and working outside the USA.

The whole idea of filing for AOS is to allow you to live and work in the USA.

Now if you were to be approved without an interview, you would be able to pull off what you are trying to do but only in the short term. You will have to file for Removal of Conditions 90 days before your Greencard expires. That process involves sending very detailed information about your married life covering the whole time from when you got married. You will have to submit copies of your tax returns for each year from when you got married and they will show foreign income and a foreign address, You will need utility bills spanning the same time period showing a joint address and evidence of joint insurances including medical, car and life. Show each other as beneficiaries to 401ks. so you may have a problem at that point as well.

If you then were to go on to applying to become a Citizen on the application forms you have to list all addresses you have lived at for the last 5 years, and again include copies of your tax returns and almost the same evidence as you did to remove the conditions.

At any point along that route a USCIS officer could decide you misrepresented yourself at the time of AOS and it could be revoked or a CBP officer at any POE could ask you a few questions about how long you have been out of the US and what have you been doing. If you were to tell the truth you could be deemed to have abandoned your greencard status and be denied entry.

What you are trying to do is risky to say the least.