Post marriage time spent out of the country

[froman 0]

My fiance (UK) and I are going through the K-1 Visa process. All is well so far.

Assuming all goes smoothly with the K-1, my question relates to what restrictions would be placed on her travel after we marry. At this stage, I am less concerned about the specific bureaucratic steps to take (e.g. AOS before AP) than the big picture: What travel, for how long, and under what conditions is permissible? and what isn't?

It would be ideal for her to be able to leave the country for about 2-3 months per year in order to pursue her career (sculpture in Italy), during which I would not be with her. Is this permissible? I understand there is a grey area, but does this sound like it is safely within the bounds of what is accepted, particularly from the standpoint of establishing citizenship.

Thanks in advance for your input, and please redirect me to another thread if this issue has already been exhausted.

[Inky 1,110]

She cant leave america at all untill she has AP or green card. If she leaves before then she will not be able to re-enter without another visa where you would have to start from the beginning and file all over again. It takes aprox 4 months to obtain a green card and anywhere from 2 -3 months to get AP. You need to take this into consideration as well.

- No travel at all outside the united states untill she has AP or green card.

As per the rest of your question someone else will be better able to answer the time out of country she can spend.

[antda 13]

Hi Froman4,

Inky answered the other part of the question...that yes, you need AP and/or your Green Card in order to leave the country and come back to the USA...

As for the next part of the question...No problem about going overseas 2-3 months of the year (cool, about the sculpture thing too)...but...

You cannot leave for more than 180 days/6 months continuously at any given time..As that constitutes "abandonment" of US residency, and could result in your green card taken away forever.

Be sure to note/keep a record of all trips overseas/internationally too, since permanent residency/when you get the green card, as that is counted when you apply for citizenship, and determines your qualifications for such later on down the road..Too many days out of the country...further delays in applying for citizenship..For example, I think the 180 days/6 months rule applies here too....

Hope this helps. Good luck with the rest of your journey too...

Ant

My fiance (UK) and I are going through the K-1 Visa process. All is well so far.

Assuming all goes smoothly with the K-1, my question relates to what restrictions would be placed on her travel after we marry. At this stage, I am less concerned about the specific bureaucratic steps to take (e.g. AOS before AP) than the big picture: What travel, for how long, and under what conditions is permissible? and what isn't?

It would be ideal for her to be able to leave the country for about 2-3 months per year in order to pursue her career (sculpture in Italy), during which I would not be with her. Is this permissible? I understand there is a grey area, but does this sound like it is safely within the bounds of what is accepted, particularly from the standpoint of establishing citizenship.

Thanks in advance for your input, and please redirect me to another thread if this issue has already been exhausted.

[lucyrich 20]

No leaving the US before getting AP or green card.

After getting the green card, you need to be sure she maintains her residence inside the US. The rules aren't hard and fast regarding exact dates, but depend at least a bit on the facts regarding whether she kept her principal residence inside the US. See the USCIS "maintaining permanent residence" page:

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

Trips outside the US for more than six months will likely break continuous residence for the purpose of naturalization, but won't necessarily result in complete abandonment of permanent residence. But she'll have to demonstrate that she maintained her residence inside the US. If she's contemplating a trip of around six months or more, be sure to study up on the rules. Maybe even schedule a consult with an attorney to have the rules explained. And if she's contemplating becoming a citizen one day, be sure she understands how the trip will affect the date when she can apply for citizenship. The time to do this is BEFORE LEAVING!

A two or three month trip once a year shouldn't present a problem. But be aware that it's at least theoretically possible to lose residence in less time, so it would be prudent to have evidence that the nature of her trip overseas was temporary.

If she becomes a citizen, she can stay outside the US for as long as she wants without losing her citizenship. Citizenship is at least a few years away, though.