LPR with reentry permit marries outside US (merged)

[ErzaScarlet 0]

I'm a GC holder for a year now. I got it from my mom's petition just after I turned 21. I had to put my life in my home country on hold because I didn't want to lose the opportunity. Anyway, now I am planning to continue my studies back home so I filed for a reentry permit for 2 years. It's gonna be for 4 years so I'm gonna have to file again after 2 years.

I was just wondering is getting married outside the US going to affect my visa status? I have a boyfriend for 7 years now and we really want to get married. I need advice on what to do.

So my plan is to

1. Go back home

2. Get married

3. Study for 2 years

4. Come back here and file for another 2 year travel document

5. Continue studying

6. Come back and stay for good. Hopefully with my then husband

Questions:

1. Once I get married my status is going to change. Is it going to affect my visa? What should I do to keep it smooth sailing?

2. Can I petition for my husband even though I am not in the US? If so, how long is it gonna take for him to get the visa?

3. What are the flaws in my plan if there's any? I really want this to work and for us to live together.

Thank you so much!

[ErzaScarlet 0]

HI'm a GC holder for a year now. I got it from my mom's petition just after I turned 21. I had to put my life in my home country on hold because I didn't want to lose the opportunity. Anyway, now I am planning to continue my studies back home so I filed for a reentry permit for 2 years. It's gonna be for 4 years so I'm gonna have to file again after 2 years.

I was just wondering is getting married outside the US going to affect my visa status? I have a boyfriend for 7 years and we really want to finally get married.. any advice? Thank you so much!

**SORRY THIS GOT POSTED TWICE. I DONT KNOW HOW TO TAKE IT DOWN**

Edited September 1, 2013 by ErzaScarlet

[Penguin_ie 5,993]

It should not affect your visa status, but just getting married doesn't give him any status either- you will need to file a petition for him to get a visa. Right now, it takes about a year but only a couple of months ago, it took 2.5 years to get a visa for the spouse of an lpr- so it's really difficult to predict, especially with immigration reform coming too.

Main issues I see: You may not get the re-entry permit, or the second one; the financial support needed to petition someone- your mom or another US based US citizen or greencard holder would need to help.

Edited September 1, 2013 by Penguin_ie

[ErzaScarlet 0]

Thank you for your reply. I'm just wondering why you'd think that I wouldn't be given a re entry permit? That almost gave me a heart attack.hehe I really need to go back..marrying him is just something that'll happen if it does. What I really want is to continue my studies there.

[slvrfx576 15]

I'm a GC holder for a year now. I got it from my mom's petition just after I turned 21. I had to put my life in my home country on hold because I didn't want to lose the opportunity. Anyway, now I am planning to continue my studies back home so I filed for a reentry permit for 2 years. It's gonna be for 4 years so I'm gonna have to file again after 2 years.

I was just wondering is getting married outside the US going to affect my visa status? I have a boyfriend for 7 years now and we really want to get married. I need advice on what to do.

So my plan is to

1. Go back home

2. Get married

3. Study for 2 years

4. Come back here and file for another 2 year travel document

5. Continue studying

6. Come back and stay for good. Hopefully with my then husband

Questions:

1. Once I get married my status is going to change. Is it going to affect my visa? What should I do to keep it smooth sailing?

2. Can I petition for my husband even though I am not in the US? If so, how long is it gonna take for him to get the visa?

3. What are the flaws in my plan if there's any? I really want this to work and for us to live together.

Thank you so much!

[slvrfx576 15]

OOPs ! Sorry I hit the wrong button on the "quote" !

Well, the OP states that she only got a green card via her mother because she did not want to lose that opportunity. She laments that she had to put her life in her home country on hold. But now she wants to go back for 4 years. She wants to have her cake and eat it too ! Green card means Long term PERMANENT residency. If you do not want to live here PERMANENTLY then surrender your green card and go home and resume your life there....sans green card. You can not have it both ways except under some very exacting circumstances, which I don't think you can qualify for.

Try for a re-entry permit and see what happens. Then you will have your answer.

[ErzaScarlet 0]

I'm not gonna stay in my home country permanently. I AM planning to go back here in the US once I'm done with my degree. Otherwise I would've just surrendered my GC and not care about getting an RP just like you said. Why would I even bother asking these questions if I don't have the intention of coming back? Didn't you see Number 6?

I just want to know if getting married will affect my visa status. That is all.

[ErzaScarlet 0]

And why would you say I wouldn't qualify for some very exacting circumstances. What exactly are you talking about?

[Krispy K 1]

Hi filing a re -entry permit will not affect your I-130 pettion

[jan22 3,055]

I'm not gonna stay in my home country permanently. I AM planning to go back here in the US once I'm done with my degree. Otherwise I would've just surrendered my GC and not care about getting an RP just like you said. Why would I even bother asking these questions if I don't have the intention of coming back? Didn't you see Number 6?

I just want to know if getting married will affect my visa status. That is all.

While all you want is an answer to your question about getting married, the people here are trying to help you see the bigger picture, as it might have a greater impact on your future than you care to acknowledge right now. There are serious implications to what you are proposing that have nothing to do with the question of you getting married or not.

The point is that the green card was issued because you expressed an intent to immigrate now, not after starting and finishing your degree. Applying for the green card when you did was a statement to the U.S. government that you had the CURRENT intent to immigrate and reside in the U.S. It's not like you only have a few months (or even a year) left on your degree -- you are just starting it. So, if your intent was to immigrant now (as your application indicated), you could start that degree in the U.S. instead of returning to your home country. Immediately applying for the re-entry permit would indicate otherwise -- that at the time you applied you did not really intend to reside in the U.S. Even if the first re-entry permit is granted, it is even more unlikely that a second one would be -- merely returning to the U.S. to be there to file for a second re-entry permit would most likely not be considered as maintaining your residency status after you left immediately after entering and were out two years already.

[jan22 3,055]

While all you want is an answer to your question about getting married, the people here are trying to help you see the bigger picture, as it might have a greater impact on your future than you care to acknowledge right now. There are serious implications to what you are proposing that have nothing to do with the question of you getting married or not (which, BTW, would not affect your status since you already have the green card).

The point is that the green card was issued because you expressed an intent to immigrate now, not after starting and finishing your degree. Applying for the green card when you did was a statement to the U.S. government that you had the CURRENT intent to immigrate and reside in the U.S. It wasn't intended to be a placeholder in your life so you didn't miss the opportunity because of aging out or getting married or any other reason -- it was a commitment to immigrate and assume a life in the U.S. Your phrase about putting your life in your home country "on hold" could be considered a clear indication that was not the case.

Plus, it's not like you only have a few months (or even a year or so) left on your degree -- you are just starting it. So, if your intent was to immigrant now (as your application indicated), you could start that degree in the U.S. instead of returning to your home country. Applying for the re-entry permit so soon would indicate otherwise -- that at the time you applied you did not really have a current intent to reside in the U.S. Even if the first re-entry permit is granted, it is even more unlikely that a second one would be -- merely returning to the U.S. to be there to file for a second re-entry permit would most likely not be considered as maintaining your residency status after you left so soon after entering and were then out for two years.

And, finally, the re-entry permit does not guarantee your entry into the U.S. -- it is merely an indication that you stated you had no intention of giving up your residency when you left the U.S. for an extended period of time. You are still subject to immigration at the POE and must meet immigration requirements. Regardless of your statements on the re-entry permit application, it could be determined that -- by re-establishing your residency in your home country (to take advantage of the educational support) you had, in fact, abandoned your U.S. residency....especially if you apply for a second permit.

Just trying to help you see the context from a USCIS perspective.

[apple21 953]

Getting married outside the US and filing i-130 will not affect your LPR status.

However, staying outside the US longer than you have stayed in will.

IMO, it is unlikely that you will be granted a second re-entry permit.