US citizen lives overseas & spouse lives in the US case

[Azimuth 0]

Hello Everyone

One can find detailed guides here for cases of US citizen lives in the US & spouse lives overseas, both live in the US, or both live overseas. However it seems that the 4th possible combination, i.e. US citizen lives overseas & spouse lives in the US is overlooked. Unfortunately that is exactly the case for us.

My fiancée is a US citizen and has a very good job overseas (not in the country of my citizenship). I have lived in the US for more than 5 years and am currently pursuing a Ph.D degree under F-1 status. My fiancée's job has a fixed term and will terminate at about the same time when I graduate. After that she will come back to the US. Our current jobs are indispensable to our future success both individually and as a family, and therefore we do not have the choice to live together again until a few years later.

Our wedding will take place this June, in the US. The AOS process seems to neglect situations like ours, and many aspects of it are rather ambiguous to us. Our first concern would be should we do the concurrent filing, or should my fiancée file I-130 overseas (she is a resident of that country) and I file I-485 in the US?

Thank you for your help!

[Asia 2,499]

The thing is that family visas are made to join the family and to let them settle in the US.

If you're studying in the US and she's living outside of it, I don't think this is an option for you.

She would have to come back to the US to let you doing the AOS (she'd be the petitioner).

You can't do AOS, when your spouse is not living in the US, I guess.

But I'm sure that will be corrected with more experienced users.

[Penguin_ie 5,997]

The reason this isn't covered because AOS isn't designed for that (nor is a visa). AOS and Visa options for a spouse of a US citizen are for family re-unification- ie for the USC spouse to be able to live with their foreign spouse in the USA. You are not planning to do that, at this time.

It seems your best option would be to wait until you graduate and she returns to the USA, and then file for AOS.

[Azimuth 0]

Thank you for your answers. You are right that might be the intention of the law. However it may be more useful to look at what the law says. Procedurally there does not seem to be anything explicitly prohibiting situations like ours.

[happyblah 1]

Thank you for your answers. You are right that might be the intention of the law. However it may be more useful to look at what the law says. Procedurally there does not seem to be anything explicitly prohibiting situations like ours.

It seems like a very risky move on your part as from Immigration stand point your situation wont make sense. If you live here without your suppose is pursuing degree than you've got F-1 status. You are filing AOS to be with your husband/wife and not to be separated.In your case you will be pursuing Permanent Resident status to live on your own while your husband/wife overseas. I think you need a lawyer to not get yourself in any trouble.As it is going to be very hard to make sense of your case.

[Harpa Timsah 13,258]

The point of family unification has been covered, and is a very good point.

However, I don't see a reason why you can't file AOS. Your USC spouse will have to get a co-sponsor and also travel to the US for the mandatory interview, but you still file in Chicago. You have a red flag that you are living apart and will need a very good reason for it.

Realistically though, there is no reason to file AOS now, since you are authorized to live in the US under the F1 visa.