Leaving country to work once married

[camilevi 0]

My fiance and I are new to this process, and we're starting to realize that things may not go as we wanted them to. My fiance is French. We're not yet certain if we ultimately want to settle in New York or France, but for now, NY works best since I will have a job that helps to pay off my grad school loans. My fiance is a french teacher in the Paris public school system He had applied for positions at Lycée schools around the US but unfortunately didn't get a job offer for the 2013/2014 school year. This would have been a great opportunity, because they are affiliated with the French public school system and he would be able to keep his benefits and get extra income on top of his regular salary. For now, he has permission to leave his job from February 2014-February 2015 but would have to go back to work from Feb 2015-June 2015, if he wants to keep doors open with the French school system. After that he could take off for 3 years, which would give him plenty of time to see if he can find something here that is promising, and also he can keep his options open. I don't think it's a good idea at this point to jeopardize anything with his job, since there's a possibility that he could get a Lycée US position for Sept 2015, but to prevent from severing ties, he has to work feb 2015-june 2015 in France. Also, if we end up moving back to France, he will have a job as long as he abides by his job's rules.

Is it possible for him to go back from Feb 2015-June 15? I know you have to wait some time before you can leave the US. Also, would this look bad in terms of proving that we live together if we are apart for 5 months? And are there issues with being in the US and married to someone and then going to work in your country for 5 months?

The main thing is that I want to be with my fiance/future husband, but we want some flexibility in regards to where we can settle down and how we can do it. This whole visa process is making me see that maybe flexibility is not something you can have.

Thanks in advance for your feedback!

[Dave&Roza 748]

My fiance and I are new to this process, and we're starting to realize that things may not go as we wanted them to. My fiance is French. We're not yet certain if we ultimately want to settle in New York or France, but for now, NY works best since I will have a job that helps to pay off my grad school loans. My fiance is a french teacher in the Paris public school system He had applied for positions at Lycée schools around the US but unfortunately didn't get a job offer for the 2013/2014 school year. This would have been a great opportunity, because they are affiliated with the French public school system and he would be able to keep his benefits and get extra income on top of his regular salary. For now, he has permission to leave his job from February 2014-February 2015 but would have to go back to work from Feb 2015-June 2015, if he wants to keep doors open with the French school system. After that he could take off for 3 years, which would give him plenty of time to see if he can find something here that is promising, and also he can keep his options open. I don't think it's a good idea at this point to jeopardize anything with his job, since there's a possibility that he could get a Lycée US position for Sept 2015, but to prevent from severing ties, he has to work feb 2015-june 2015 in France. Also, if we end up moving back to France, he will have a job as long as he abides by his job's rules.

Is it possible for him to go back from Feb 2015-June 15? I know you have to wait some time before you can leave the US. Also, would this look bad in terms of proving that we live together if we are apart for 5 months? And are there issues with being in the US and married to someone and then going to work in your country for 5 months?

The main thing is that I want to be with my fiance/future husband, but we want some flexibility in regards to where we can settle down and how we can do it. This whole visa process is making me see that maybe flexibility is not something you can have.

Thanks in advance for your feedback!

The only issue would be in regards to timing with respect to his US immigration process. You apply for the K-1 and get approved and he arrives in the US. He then applies for adjustment of status (AOS) after the two of you get married. He then get the EAD/AP and then the GC which will be valid for two years. He will then need to file for removal of conditions (ROC). Both AOS and ROC require a biometric appointment and may also requrie an interview. He would need to be in the US for those. I see no other problems as well as you document everything. He can be outside the US for a period up to 6 months without causing any concerns or impacting his citizenship should he want to go that route. I would do whatever it takes to keep all options open for the two of you which includes him keeping his GC. Research what it takes to maintain his LPR status as well as his ability to keep his job options open and you will be fine. I am one of those that believes you should live your live as you see fit and not to please the USCIS. In fact, a couple living apart with good reasons is IMHO a better example of a bona fide relationship. Why? Because someone committing visa fraud would never do anything that would cause the possibility of extra scrunity.

Just research all details and make the decisions that are right for YOUR situation. I do not see any problems with your plans for him to be outside the US for only 5-6 months. There are those that come onto VJ and ask how they can spend 2-3 YEARS outside the US and still keep their GC. With proper planning that is also possible.

Good luck,

Dave

[TBoneTX 45,365]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is considering various future matters not specific to the K-1 process. ***

[CaroSL 68]

Have you guys considered getting married and take the CR-1 route?

This way he would get a GC at the end of the CR-1 process, and be sure to be able to leave the country and then come back.

The problem with the K-1 is that:

- You apply for the K-1 visa. It will take up roughly 5 months to a year to get the visa. You can't know in advance... the USCIS office your case is sent to can suddenly slow down and you'll have to wait 5 extra months... Or it speeds up and you get your visa very fast...

- then your fiancé gets in the US, you guys get married in the courthouse (coz obviously you couldn't plan a wedding, as you didn't know when he was gonna get the visa)

- then you apply for the GC, work authorization (EAD) and Advance Parole (AP)

In case you don't know what advance parole is: this is the document that will allow your fiancé to come back in the US if he leaves the country before getting is green card

- It takes 3 months to get EAD and AP

- It can take a year to get the green card.

With the CR-1:

- you guys get married in a courthouse

- takes what... 6 months to a year to get CR1? Your husband gets the conditional GC immediatly

- He is then free to work as soon he enters the country

- he can come and go as he wants (as long as he is not out of the country for more than 180 days... think of this if you plan vacations in the same year he has to go to france for work. this is not 180 days in a row, this is 180 total in a year)

- it is also a bit cheaper

In your situation, I would think seriously of getting married, so the process will give you a bit more flexibility...

[VanessaTony 3,567]

However it works if he has a GC in the US he MUST declare himself a non-resident of France for tax purposes or whatever. If he declares himself a resident he may lose his US GC, it can also affect applying for USC.