leaving before having green card

[KayDeeCee 4,896]

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.

How could they move away for years with AP? How backlogged the I-130 process is right now is not an issue for their situation. If they are going to live outside the US for 2 or more years. They will simply file for the spousal visa in time for the petition to be approved before it is time for them to return to the US. There is no point in filing for AOS if you are not planning to reside in the US. A green card is used to permanently reside in the US. Besides the fact that the OP does not have time to file for AOS, receive their green card and then file for a re-entry permit. You can start here for learning about maintaining permanent residency > http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

[Misha'sgirl 44]

well after six months ap will expire and she can go back.

[KayDeeCee 4,896]

AP actually has no expiration date(as in how long you stay outside the US with it), but its purpose is to use for short trips outside the US while waiting for a green card approval. So, your suggestion is for them to pay $1070 to file for AOS, get the AP, then travel with their husband for a short time and return to the US on their own? The USC husband is moving to another country to work for years. Hmm, so the husband would also return if they were called for an interview, since both attend, and the newlywed couple would then live apart in different countries again. That seems counterproductive to wanting to marry and live together instead of continuing a long distance relationship with one in one country and one in another. The OP would have to live in the US alone after leaving their own country to be with their USC husband. Doesn't sound like the best plan.

Edited January 4, 2014 by Jay-Kay

[Misha'sgirl 44]

Actually another member said that the AP expires after six months. Where are you getting your information that it does not expire?

Maybe he should get a job in the USA. Why do people get to the USA and then almost immedately say they need to leave for such in such reason but don't want to wait for AP....

[kitthekat 1,317]

Actually another member said that the AP expires after six months. Where are you getting your information that it does not expire?

Maybe he should get a job in the USA. Why do people get to the USA and then almost immedately say they need to leave for such in such reason but don't want to wait for AP....

The AP card itself is valid for 1 or 2 years, I believe. See Q6 in this link: http://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers and if you are interested in the hows and whys, see this detailed memorandum: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/April/issuance-advance-parole.pdf

Green card holders should spend more time in the US than out, and hence it is commonly advised that a green card holder should not spend more than 6 months abroad in a year (even though technically USCIS' bar is 1 year, 6 months is long enough to raise eyebrows at CBP for a lot of people). Is that what you were referring to?

AP holders don't yet have a green card or permanent residence, so they can't "maintain" it the way green card holders are expected to. That is most likely why there is no stipulation on the maximum amount of time spent abroad for AP.

[Misha'sgirl 44]

I got you

[KayDeeCee 4,896]

Actually another member said that the AP expires after six months. Where are you getting your information that it does not expire?

Maybe he should get a job in the USA. Why do people get to the USA and then almost immedately say they need to leave for such in such reason but don't want to wait for AP....

Are you serious? Did you read the actual first post by the OP? This has nothing to do with getting to the US and then wanting to immediately leave and not wanting to wait for AP. AP will NOT help the OP's situation.

There is no written documentation on how long one can be out of the country with AP. It is a temporary document that allows you to be able to leave the US and re-enter by being paroled back in, while you are waiting for your permanent residency(green card) to be approved.The EAD/AP combo card is valid for one year after approval. If you have not received your green card yet before it expires, then you can renew it. Sometimes people do have to wait over a year for their green card approval.

The person getting a job abroad is the US citizen spouse. He DID have a job in the US. He is being transferred to Asia. Again, did you read the actual post? This was not planned. They did not know they would be leaving the US. They planned the K-1 and getting married in the US with the current knowledge they had, that they would be living together in the US. His employer is transferring him overseas, and therefore his new wife would want to go live with him wherever he is. She does not have time to file for AOS, have her green card approved and then file for a re-entry permit because she will be out of the country too long to maintain her permanent residency.

[Misha'sgirl 44]

Are you serious? Did you read the actual first post by the OP? This has nothing to do with getting to the US and then wanting to immediately leave and not wanting to wait for AP. AP will NOT help the OP's situation.

There is no written documentation on how long one can be out of the country with AP. It is a temporary document that allows you to be able to leave the US and re-enter by being paroled back in, while you are waiting for your permanent residency(green card) to be approved.The EAD/AP combo card is valid for one year after approval. If you have not received your green card yet before it expires, then you can renew it. Sometimes people do have to wait over a year for their green card approval.

The person getting a job abroad is the US citizen spouse. He DID have a job in the US. He is being transferred to Asia. Again, did you read the actual post? This was not planned. They did not know they would be leaving the US. They planned the K-1 and getting married in the US with the current knowledge they had, that they would be living together in the US. His employer is transferring him overseas, and therefore his new wife would want to go live with him wherever he is. She does not have time to file for AOS, have her green card approved and then file for a re-entry permit because she will be out of the country too long to maintain her permanent residency.

Yep, read it. Nope, wasn't alking about the OP. In General, I've seen a lot of people get to U.S. and then need or want to leave right away... Everything you said is stating the obvious. Maybe he should let his boss know he can't take the job because it inteferes with his wife's aos. Is his job more important than his wife?

[kitthekat 1,317]

Yep, read it. Nope, wasn't alking about the OP. In General, I've seen a lot of people get to U.S. and then need or want to leave right away... Everything you said is stating the obvious. Maybe he should let his boss know he can't take the job because it inteferes with his wife's aos. Is his job more important than his wife?

I think you're putting a bit too much importance on AOS here...his wife can always get a spousal visa down the road, if needed, as everyone has pointed out, and not AOS-ing is not going to affect her negatively if she's not going to be living in the US right now. (I am assuming that you were talking about the OP here since you referenced his case directly.)

If his wife is important to him, it is way more important for him to stay employed, whether in the US or elsewhere, to be able to provide for her financially. AOS pales in comparison to that...

[KayDeeCee 4,896]

I think you're putting a bit too much importance on AOS here...his wife can always get a spousal visa down the road, if needed, as everyone has pointed out, and not AOS-ing is not going to affect her negatively if she's not going to be living in the US right now. (I am assuming that you were talking about the OP here since you referenced his case directly.)

If his wife is important to him, it is way more important for him to stay employed, whether in the US or elsewhere, to be able to provide for her financially. AOS pales in comparison to that...

Exactly.

This post is getting far off track from actual, helpful immigration advice for the OP. This thread was about the OP's situation, not just anyone in general that wants to be able to leave for a short visit and doesn't want to have to wait for AP. That was not the topic or discussion here.

His job is not more important than his wife. Having a job is important for getting married and having a wife and family though. It doesn't matter where they need to live together. They thought it was going to be the US, and now it is somewhere else instead for awhile. AOS is not the most important thing that needs priority in their lives. Why would anyone give up their job just to AOS? How would they afford AOS, let alone living in general without him having a job? The OP can leave without filing for AOS and they can file for a spousal visa when they will return to the US to live and she can maintain her US residency. It is cheaper to file for the spousal visa than it is for AOS. Also, if they are married for over 2 years before she gets the green card, then they will not have to pay for ROC either.

[Misha'sgirl 44]

I think you're putting a bit too much importance on AOS here...his wife can always get a spousal visa down the road, if needed, as everyone has pointed out, and not AOS-ing is not going to affect her negatively if she's not going to be living in the US right now. (I am assuming that you were talking about the OP here since you referenced his case directly.)

If his wife is important to him, it is way more important for him to stay employed, whether in the US or elsewhere, to be able to provide for her financially. AOS pales in comparison to that...

Exactly.

This post is getting far off track from actual, helpful immigration advice for the OP. This thread was about the OP's situation, not just anyone in general that wants to be able to leave for a short visit and doesn't want to have to wait for AP. That was not the topic or discussion here.

His job is not more important than his wife. Having a job is important for getting married and having a wife and family though. It doesn't matter where they need to live together. They thought it was going to be the US, and now it is somewhere else instead for awhile. AOS is not the most important thing that needs priority in their lives. Why would anyone give up their job just to AOS? How would they afford AOS, let alone living in general without him having a job? The OP can leave without filing for AOS and they can file for a spousal visa when they will return to the US to live and she can maintain her US residency. It is cheaper to file for the spousal visa than it is for AOS. Also, if they are married for over 2 years before she gets the green card, then they will not have to pay for ROC either.

Ok guys. I meant that his case reminds me of people who in general get to the US and then need or want to leave almost right away. They don't have time to AOS, they don't want to or can't wait for it... whether they need it or not.

If there is no other way to remedy the sitatuon other than to move to Asia and have his wife tag along, then I wish them the best of luck and much more success in Asia than they would have in US. It just kind of makes my heart sink to see people go through the whole process and then something like this happens and they need to leave. I wish it could be remedied somehow. His job is important, yes, but what is more important? Job or healthy relationship? I think the two sort of "lean" on each other at times, because not having a job, or not a good one, puts financial stress on the relationship, and then again... it goes the other way around too.

Although, it doesn't seem like its an issue for the wife to go with him. That's good, makes it easier for the husband. I'm sure he feels bad about it in a way but is also very proud to have such a supportive wife. Good luck to them.