Just want to verify I'm on the right path -- Traveling during change of status

[Jorsher 0]

So I'm looking at a job in the middle east. I'm a US Citizen and my wife came here on a student visa. We have married, but not sent the change of status paperwork.

From what I've found, and someone please confirm/deny if this is accurate -- for her to leave and join me there, we will need to request advanced parole when sending in the adjustment of status paperwork?

We will likely stay there at least 2 years, but not more than 4. Are there any other things I should be aware of?

Thanks

[belinda63 3,045]

Is your job for the military or as a US government contractor? If not her time outside the US will count against her. It would be better to wait until you are ready to return and then file the I-130.

To maintain a green card she must live the majority of the year inside the US. Only the military and certain US government jobs will permit her to go oversees and still consider it as "living in the US".

[Zedayn 485]

If you are staying in the middle east for 2 years, it is pointless to file adjustment of status. Your wife will need to maintain presence in the US in order to keep her residency status, and she can't do that if she lives abroad. You should consider filing an I-130 petition for your wife when you both are ready to live in the US.

[Jorsher 0]

Thanks for the replies.

The job is with a DoD contractor, however if I move her there I believe I will have to get an apartment off-base, and in that case I'm not sure it'd still be considered living "in the USA?" Please correct me if I'm wrong.

Zedayn, I read something stating that I could file the paperwork, and if more than 1-2 years is spent outside the country I'd just have to renew some of the documentation periodically?

[Zedayn 485]

Sorry I forgot to consider if you were working abroad for the government. In any case, I found this information from the USCIS website:

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

And from the DOS website:

Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the U.S. Government Stationed Abroad - If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. Government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the U.S. even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you:

• Have not abandoned your LPR status; and
• Your spouse or parent is returning to the U.S.

So in short, you should be OK as long as your wife gets her green card before she leaves to be with you. Do not bother with filing AP because the validity is only 2 years (which will be expired by the time you need to use it), and you can use her green card--even if it is expired--to re-enter the US. Hope this information helps.

[Jorsher 0]

Thank you.

Our plan was to get the temporary residence before she left. I've read that generally within 2 months, she'll have her "temporary" green card and employment authorization (separate form I understand), Being that I'll have two months notice before leaving, and once I get there will need a little time to find an apartment for us, I figure she should be ready to leave by time I'm ready to get her over there.

The part you quoted above is what I was reading, however I hadn't considered avoiding the AP altogether since she'll be able to return even if the greencard is expired.

Now my only concern is finding out whether a DoD contractor would be considered a government employee. How I read it, it's referring to those that receive a paycheck for the government. In my case, I'll be receiving a paycheck from a private contractor that's being paid by the government, so not sure she would qualify under that rule.

*IF* she won't be considered a "spouse of a military/civilian employer," which is what I'm thinking will be the case, it sounds like she'll just have to get the 2 year visa. Thanks for your help.

[Zedayn 485]

The green card will take anywhere from 6 months to over a year to receive, you will not receive it in 2 months. The employment authorization document (EAD) and advance parole (AP) takes between 2 and 3 months to receive. The green card however will not be received until the AOS is approved. There isn't a "temporary" green card, aside from the fact that its a conditional green card and you need to remove conditions in 2 years to get your "permanent" green card. You will still have to wait for AOS to be approved to get it regardless.

[Jorsher 0]

Thanks for all your help. I believe I got it now.

It looks like I'll be going to Afghanistan, which means it'll likely be 6+ months before I can transfer to another location so she can join me.

I'll send in the AP form in the event that she doesn't receive her greencard before joining me. Once she receives the greencard, I'll need to verify my contractor position counts as working for the government, and if not she'll need to renew the Visa after two years.