leaving before having green card

[rm love dc 10]

My fiance and I will get married this Saturday (1-4-14). This morning at work he received a call that he will be transferred in Asia to manage their showroom that may take more than 2 years. He might leave the country in 3-4 months from now. We don't know what to do, I want to go with him. Do I need to file AOS/EAD/AP or we need to file I-130 for spouse visa so I can return here in the US?

Thank you.

[canusa920 11]

My fiance and I will get married this Saturday (1-4-14). This morning at work he received a call that he will be transferred in Asia to manage their showroom that may take more than 2 years. He might leave the country in 3-4 months from now. We don't know what to do, I want to go with him. Do I need to file AOS/EAD/AP or we need to file I-130 for spouse visa so I can return here in the US?

Thank you.

If he leaves he forfeits his visa, and you would have to restart the process. He needs to file for ap/ead/aos...AP will take roughly 3 months to receive but he cannot leave for more than 6 months... So I am unsure what you can do

[rm love dc 10]

If he leaves he forfeits his visa, and you would have to restart the process. He needs to file for ap/ead/aos...AP will take roughly 3 months to receive but he cannot leave for more than 6 months... So I am unsure what you can do

You mean I need to stay 6 months before I can leave US? 6 months from when? from my arrival? From filling the AOS application?

[canusa920 11]

You mean I need to stay 6 months before I can leave US? 6 months from when? from my arrival? From filling the AOS application?

I meant the AP wouldnt be good for him if he plans to leave the USA for 2 years, the USCIS are giving him the AP to do travelling when needed, he can't stay out of the USA for 2 years on an AP, that would prove he isn't following the rules of being in the USA on a visa. IF my mind serves me correctly, I believe if he leaves the USA for more than 6 months - that he cant come back using his AP. I could be wrong, but that is what I have read about AP.

[canusa920 11]

My fiance and I will get married this Saturday (1-4-14). This morning at work he received a call that he will be transferred in Asia to manage their showroom that may take more than 2 years. He might leave the country in 3-4 months from now. We don't know what to do, I want to go with him. Do I need to file AOS/EAD/AP or we need to file I-130 for spouse visa so I can return here in the US?

Thank you.

Just re-read and realized YOU were in need of the AP and your husband is a USC. But it's still the same result. Especially because once you file for AOS you will have a biometrics appointment, and other documents you may have to send in or respond to. If youre not in the USA you won't be able to do so. And if he isn't in the USA with you, If you end up having an interview and he isn't there, that won't look too good.

[Dave&Roza 748]

You mean I need to stay 6 months before I can leave US? 6 months from when? from my arrival? From filling the AOS application?

You need the advance Parole (AP) or the GC to re-enter the US. You file for adjustment of status (AOS) after marriage and should receive the AP in about 90 days and the GC in about 3-6 months. There may or may not be an interview you both need to attend. There is another thing you need to think about and that is maintaining your LPR status. Once you have the GC you cannot just live outside the US. You need to remain in the US for more time than you are outside or you risk loosing your LPR status. In you remain outside the US for more than 1 year without a re-entry permit you loose you LPR status. You cannot remain outside the US for more than 2 years. Any stay outside the US greater than 6 months will cause extra scrutiny by the CBP when re-entering the US. Coming back to the US for a short stay and then going back overseas will catch-up with you and at some point the CBP person will warn you that you need to remain in the US or you will loose your LPR status and they will take your GC away from you and deport you.

Please goto the USCIS websibe site and look over the requirements of maintaining your LPR status otherwise you risk loosing it and having to start with a spousal visa. Those currently are taking 1+ years.

Good luck,

Dave

[Pinkrlion 2,724]

Gc can take up to one year to receive.

[Boiler 46,178]

If you get the GC slightly different rules apply yo those send abroad by military or US employer.

[KayDeeCee 4,896]

You can try and wait for the green card after filing for AOS, but if you are needing to leave with him in 3 or 4 months, then you might want to just skip filing for AOS. It will take longer than that. Go with him and then when you are ready to return to the US, file for a spousal visa. Plan to file for the spousal visa in plenty of time to receive it before returning though. When you enter again with the spousal visa, you will become a permanent resident and won't have to worry about filing AOS.

[Misha'sgirl 44]

My fiance and I will get married this Saturday (1-4-14). This morning at work he received a call that he will be transferred in Asia to manage their showroom that may take more than 2 years. He might leave the country in 3-4 months from now. We don't know what to do, I want to go with him. Do I need to file AOS/EAD/AP or we need to file I-130 for spouse visa so I can return here in the US?

Thank you.

Get AP. It takes two to three months to be approved. He can leave before you if he has to, and you will wait not that long before you get your AP and you can go to him.

I think I-130s are backlogged and if that's true, I wouldn't go that route.

[christeen 966]

If you are planning on living abroad for 2-3 years with your husband, WHY would you wast the time and money on getting a green card that you have no way of maintaining? As a permanent resident you have to ACTUALLY be a resident (not living outside the USA ) if you are livi g abroad with the husband, you cannot maintain the green card... And AOS is expensive.. So if you are sure you are going to live overseas, get married, but I would not file and shell putmthe money for AOS.

instead, wait to file for a spousal visa from wherever you are living WHEN you are readt to cime back to the USA permanently to live and check to see the average waiti g times at that point (so you can better time you return), as they change throughout the year depending on which visa they are concentrati g on at the moment).

You could file for AP and be able to leave in about 90 days, however, you will not be able to maintain your green card as you will be livi g outside the USA for more than 6 months per year...

[Cathi 5,794]

Get AP. It takes two to three months to be approved. He can leave before you if he has to, and you will wait not that long before you get your AP and you can go to him.

I think I-130s are backlogged and if that's true, I wouldn't go that route.

It doesn't matter if i130s are back logged now, there is no point getting AP, getting a green card and then moving. You cannot live outside the US for more than 6 months, she will have to forfeit her green card.

[Misha'sgirl 44]

It doesn't matter if i130s are back logged now, there is no point getting AP, getting a green card and then moving. You cannot live outside the US for more than 6 months, she will have to forfeit her green card.

Or renew....?

[christeen 966]

Or renew....?

They will not keep renewing for 2-3 years! That is abandonment of your GC... You cannot get residency, then move outside the country for 3 years! You live in the USA or you do not...

[Misha'sgirl 44]

well alright then, they got their answer.