Can I still apply for GC when US husband will live in Europe for the next 2-3 years?

[ruolin 0]

My husband and I dated for two years before marriage. I'm at H1B status and we just got married recently. We don't have joint lease agreement yet since we live in two different states due to work situation. My husband is US citizen and he just got a great job offer in Europe. We haven't started the filing process yet, but he will move to Europe in two weeks. He plans to only stay in Europe for 2 or 3 years and come back to US afterwards. Because I have a good job in US and don't want to give up, we decided that during the time he is in Europe, I'll stay put in US.

Can I still apply for green card in this case? If yes, what the process would be? Does the interview need to be in person? If not, will I have trouble re-entering US after I visit him in Europe?

[christeen 966]

The issue will be the USC not having domicile in the USA. The immigrant process is to reunite families IN the USA so him living abroad I believe does not meet the criteria. I know others more technically versed will chime in soon, but my initial instinct is to suggest that you remain here working with your H1B, when the time comes and your husband moves back to the USA, you can file for AOS while staying put in the USA. In the meantime, your H1B will give you the freedom to travel and visit him... Once AOS is filed, you will have to wait for AP (about 90 days)... Good luck

[kzielu 1,151]

My husband and I dated for two years before marriage. I'm at H1B status and we just got married recently. We don't have joint lease agreement yet since we live in two different states due to work situation. My husband is US citizen and he just got a great job offer in Europe. We haven't started the filing process yet, but he will move to Europe in two weeks. He plans to only stay in Europe for 2 or 3 years and come back to US afterwards. Because I have a good job in US and don't want to give up, we decided that during the time he is in Europe, I'll stay put in US.

Can I still apply for green card in this case? If yes, what the process would be? Does the interview need to be in person? If not, will I have trouble re-entering US after I visit him in Europe?

Family-based green card is to re-unity family. Does that answer your question ? Your husband will need to prove domicile, provide I-864 affidavit of support and show tax returns (which he is still required to file working abroad anyway).

[ruolin 0]

Thanks for the quick reply. I'm not quite sure if I fully understand you. In order to prove domicile, can I just add him name as well on my lease since I will still live in US for the next 2-3 years?

I looked some other posts in the website, seems like people with F or J status will have trouble re-entering US when they are married to USC but haven't started GC application process yet. Since J or F visa doesn't allow immigration intention but H1B allows, will I have problems getting visa and re-entering US after visiting him in Europe? Thanks!

Family-based green card is to re-unity family. Does that answer your question ? Your husband will need to prove domicile, provide I-864 affidavit of support and show tax returns (which he is still required to file working abroad anyway).

[Ontarkie 14,507]

~~~~Thread Moved to Adjustment of Status from Work, Student, & Tourist Visas, from Adjustment of Status from Family Based Visas~~~~

[kzielu 1,151]

Thanks for the quick reply. I'm not quite sure if I fully understand you. In order to prove domicile, can I just add him name as well on my lease since I will still live in US for the next 2-3 years?

I looked some other posts in the website, seems like people with F or J status will have trouble re-entering US when they are married to USC but haven't started GC application process yet. Since J or F visa doesn't allow immigration intention but H1B allows, will I have problems getting visa and re-entering US after visiting him in Europe? Thanks!

What I tried to say is - you will be trying to obtain GC to not necessarily re-unite with your husband. He will have to provide way more than just a joint lease (recent paystubs for example) which will point to him not working in US and you both will have to attend an interview - since you will be adjusting from H-1 visa. I think you'll have a hard time to make it work and you will be getting dangerously close to committing a fraud if you decide to not tell the whole truth about your husband living abroad for next 3 years.

[Harpa Timsah 13,258]

Thanks for the quick reply. I'm not quite sure if I fully understand you. In order to prove domicile, can I just add him name as well on my lease since I will still live in US for the next 2-3 years?

I looked some other posts in the website, seems like people with F or J status will have trouble re-entering US when they are married to USC but haven't started GC application process yet. Since J or F visa doesn't allow immigration intention but H1B allows, will I have problems getting visa and re-entering US after visiting him in Europe? Thanks!

No, domicile is much more complex than that.

H1B is dual-intent, which means that the issue you raise, that J1 people have difficulty, doesn't apply to you. You will have no issue reentering the US.

If your H1B is still valid, then I would wait until your husband moves back to the US to file AOS.

Edited August 26, 2013 by Harpa Timsah

[ruolin 0]

Thank you everyone! It's very helpful. Guess I'll stay as H1B and apply for GC when my husband is back to US.

[CaroSL 68]

You should do that. For Aos they can request an interview, if they have doubts that you live together, it will draw suspicion on your marriage...good luck to you !

[Darnell 8,479]

also, study the I-864 instructions - though it's scant - domicile is covered a bit there,.