residency in another country

[benmariela 0]

My wife is from Peru, we have been married for 4 months and are in the process of Adjustment of Status. She's recieved advanced parole and we are thinking about the possibility of her going back to peru to finish her last year of a bachelor's degree. Obviously, we understand that there is risk in this, but I have heard of other people mentioning that with residency they finished education programs in other countries and were not affected. I wonder if going with her and applying for foreign residence would in anyway endanger her residency here. She would not need foreign residence, since she is from Peru, but I would need residency to stay there for more than 90 days since I am a U.S. citizen. What are your opinions? thanks.

[Brother Hesekiel 2,236]

Leaving immediately after AOS for a year or longer is most likely the kiss of death. Why not finishing the Bachelor's and revive the AOS application afterward?

[Penguin_ie 5,994]

Your residency in the US or Peru won;t affect her... but how long would she need in Peru to finish her degree? If it is longer than 6 months, she could be in trouble upon attempting to return to0 the USA. Look into a re-entry permit, these are often granted for university courses abroad.

[shikarnov 7]

Am I understanding correctly that having a Green Card does not -- at least under some circumstances -- enable one to travel freely to and from the United States? Is there some kind of post-AOS travel guide? My wife will be to travel back to Russia once she gets the Green Card and would love to stay for at least a month or so (she's been away for two years now). Are we going to find trouble if she goes too soon after getting the card? How long is okay to stay?

[Penguin_ie 5,994]

shikarnov- it is ok to travel once you have your green card. But you are supposed to be a legal permanent resident of the USA, ie any travel is supposed to be as a tourist or for business and of limited duration- you are not suppposed to live abroad. Going to see family in Russia for a month won't be a problem; usually, any one trip abroad of 6 months is ok, as long as you spend the majority of the year in the USA.

[john_and_marlene 162]

Advance parole is not intended to be used for attending school. You can, however, wait until she has permanent residence and then use the same form (I-131) to apply for a reentry permit which can be used for attending school.

[benmariela 0]

thanks for all the posts everyone....

when she applied for advanced parole, she specifically put that she planned to return to school in peru and that was the reason for going back.

She would come back to the states during vacation times so would only be out of the country for four months at a time. so like 4 there, 1 here, 4 there, then here.....

they gave us a year on the advanced parole but that seems pretty common for most people; and since i've heard they don't deny advanced parole, im not sure if they even reviewed her reasons for going to peru or not.

[john_and_marlene 162]

Are you also prepared for her to fly back to the US on short notice for an adjustment interview?