Marriage after entry

[gummyneo 0]

Hi everybody,

I have a wierd question for you all.

Do you have to stay in the U.S. during the 2 year period you are married in order to adjust for permanent residency? Or do you simply have to just be married for the 2 years?

In other words, my fiance and I were planning to get married once she enters the U.S. but we want to travel the world and perhaps even stay abroad for a year or so. Will that affect her ability to apply for a green card here in the U.S.? Do we have to remain in the U.S. for 2 years as well as being married for 2 years?

[YuAndDan 153]

First off you apply for the conditional green-card the 2 year one shortly after getting married, then within 90 days befor the 2 year anniversary of getting the conditional green card, you will file to remove the conditions and get a 10 year green card.

About maintaining Permanent Residence

Maintaining Permanent Residence

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/graphics/howdoi/PermRes.htm

See the guides:

http://www.visajourney.com/forums/index.ph...p;page=751guide

[kitkat1 5]

Hi everybody,

I have a wierd question for you all.

Do you have to stay in the U.S. during the 2 year period you are married in order to adjust for permanent residency? Or do you simply have to just be married for the 2 years?

In other words, my fiance and I were planning to get married once she enters the U.S. but we want to travel the world and perhaps even stay abroad for a year or so. Will that affect her ability to apply for a green card here in the U.S.? Do we have to remain in the U.S. for 2 years as well as being married for 2 years?

She won't be able to get back into the US without advance parole if she does not yet have a green card.

http://www.uscis.gov/graphics/citizenship/...%20lpr%20status

Keep Your Immigration Status

Permanent residents who leave the United States for extended periods, or who cannot show their intent to live permanently in the U.S., may lose their permanent resident status. If you think you will be out of the U.S. for more than 12 months, you should apply for a re-entry permit before leaving the country. You should file Form I-131, Application for a Travel Document. A re-entry permit is valid for up to 2 years and shows that you are returning from a temporary visit abroad. You may show the re-entry permit at a port of entry.

Form I-131 and instructions are available at http://uscis.gov/graphics/formsfee/forms/i-131.htm or by calling the USCIS Forms Line at 1-800-870-3676. You must pay a fee to file Form I-131.

If you are not able to return to the U.S. before your re-entry permit expires or you did not apply for a re-entry permit before leaving the U.S. and have been outside the U.S. for more than 12 months, you may be able to get a special immigrant Returning Resident (SB-1) visa overseas from the Department of State. There are special requirements for this visa. Visit http://www.state.gov or your nearest Department of State Consular Office overseas for more information.