travel post marriage

[bamdame 0]

Does anyone know what the rules are during the two year period after we marry in terms of out of country travel? My fiance is a pilot in the USAF and may have to go on a year long remote in Sept. I was thinking of moving to Mexico for that year to teach English (I've taught there before). Would this be allowed or would I have to stay in the States by myself until he returns? I'm a Canadian citizen...if that makes any difference?!

[eau_xplain 2]

Once you have your green card (whether conditional or 10-year), you will need to maintain residence in the US in order to keep your status as LPR. You have to be able to show proof that you are still maintaining your primary residence in the US. This is kind of a delicate situation as the interpretation of how "abandonment of residence" is dependent on how USCIS perceives your situation.

[bamdame 0]

I won't have my green card until after 2 years of marriage, though, will I? Also, we are planning on keeping his house here until he returns (and the AF moves him to his next base in the US next spring)...so maybe that would be enough proof of permanent residency? I feel like a prisoner here!!!

[Saddle Bronc 124]

I won't have my green card until after 2 years of marriage, though, will I? Also, we are planning on keeping his house here until he returns (and the AF moves him to his next base in the US next spring)...so maybe that would be enough proof of permanent residency? I feel like a prisoner here!!!

If your GC is issued before the two-years of marriage milestone, then it will be conditional; otherwise the 10-year unconditional.

Maintaining a home in US is excellent evidence of continued residence.

[Kajikit 65]

I hate to say it but a)you're posting in the wrong forum... and b)in all practical terms, you ARE a prisoner in the United states from the time you enter on the K1 visa to the day you get your greencard (conditional or otherwise)... If you get an Advance Parole you can leave on overseas trips, but only for short periods of time. Leaving the country for longer than six months constitutes abandonment of status and they assume you have no intention of coming back. When you get your greencard you can apply for a re-entry permit and leave the country for up to a year to travel with your husband's postings... Keeping your house in the US is one way to show your intent to return.

I forgot to say that the greencard does NOT take two years to issue in most places. I got mine in 13 months, and some people get theirs much faster than that, especially with the trend towards CSC transfers and processing without interview. It's quite possible that you will get your greencard inside six months of marriage if you apply for AOS as soon as you possibly can.

[bamdame 0]

Thanks for your help. Sorry, I thought this was for K1 fiance visa- related questions. I'll switch to another forum. I guess, provided your information is correct, that I will teach for 6 months instead of 12. With any luck my fiance will get posted in a country that I can travel with him to for the year... or, better yet, he won't have to go at all! Thanks again.

[eau_xplain 2]

I won't have my green card until after 2 years of marriage, though, will I? Also, we are planning on keeping his house here until he returns (and the AF moves him to his next base in the US next spring)...so maybe that would be enough proof of permanent residency? I feel like a prisoner here!!!

Have you sent in your AOS application? Processing times keep changing so it probably will not take 2 years before you get your green card. In order for you to travel overseas and still be able to re-enter the US, you need a green card or an Advance Parole document. I think that the AP only allows for short periods of travel. Hope someone corrects me if I'm wrong.

Thanks for your help. Sorry, I thought this was for K1 fiance visa- related questions. I'll switch to another forum. I guess, provided your information is correct, that I will teach for 6 months instead of 12. With any luck my fiance will get posted in a country that I can travel with him to for the year... or, better yet, he won't have to go at all! Thanks again.

Just don't leave the country before you get your GC or you have an AP document.