K1 to Green Card with restrictions and working abroad

[cleverodra 1]

Good afternoon all,

My fiancé will be interviewed soon in order to come to the US and become a permanent resident.

I have a question regarding a plausible scenario.

There is a possibility that I could be offered a job abroad, however it seems if this option will happen it will be around the time she receives her green card (2 year GC with restrictions).

If the job offer were to happen and we left the US for a job abroad, how would this affect her 2 year green card?

Thanks

[didopage 337]

If you both decide to move abroad and so, decide to not reside in the US, she will lose her green card. A green card is given to people who intent to live in the US.

Read this link: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

"You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently"

If it's just a long but temporary travel, it is different and she may keep her permanent resident status. Read this link: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

[Harpa Timsah 13,258]

How long would you have the job abroad? Where is the job?

[cleverodra 1]

It would be New Zealand and since I work for the airline industry this relocation could be for 2 years?

Thanks for the advise

[Harpa Timsah 13,258]

It would be New Zealand and since I work for the airline industry this relocation could be for 2 years?

Thanks for the advise

You can get a reentry permit which would allow you to be out of the US for 2 years.

So if it's a temporary reassignment abroad, then you could do it. You could also get the reentry permit and see what happens, and if you don't end up coming back to the US you could formally relinquish her GC at that point.

You will need to remove conditions on the card in the normal timeline, and you'll be responsible for coming to the US for biometrics and possible interview.

So, if the assignment is really just two years with a plan to move back to the US, you can do it without giving up the GC. But it will be a bit of juggling to get all the parts together.

[cleverodra 1]

I read in other posts that being a student (either undergraduate or graduate program) helps GC holders to a certain degree.

I don't imagine USCIS would be too happy to process ROC, and then a naturalization petition while she is living and studying abroad.

Thanks

[Harpa Timsah 13,258]

She will not be able to naturalize until a few years after she moves back to the YS permanently because there is physical presence aspect which she will not qualify for.

But she can ROC, if you want to do that.