Fiance Received VISA, but Sponsor Have to Live/Work Outside USA

[amontances 0]

My fiance from Chile received her VISA 2 Jun 14. She will be in the US by 24 Jun and a week later we will marry. I am scheduled to leave the USA on 10 Jul 14 to live/work for at least a minimum of two years. I can bring her along as a dependent, but she will still be a resident of Chile. I would like her to get a US Permanent Resident status while living abroad because she will be able to work. Is that possible while living abroad in processing paper work to get her a permanent residence? I will be working on a US Military Installation. Can I apply for her permanent residence while we're still here in the US and then get it modified due to my status?

Please advise...

[ggsacks 82]

Short answer: unfortunately, no.

If you file for her permanent residency along with advance parole in early July, the earliest she'd even be able to leave the US without abandoning the application would be when advance parole is granted 60-90 days later (September/October).

Beyond that, one of the requirements of permanent residency is right there in the very name. You need to be residing in the US on a permanent basis.

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

You'd be better off marrying in the US, leaving without filing for adjustment of status, and then later on filing for a CR-1 when you are intending to move back to the US.

[jeff.spangler57 0]

My fiance from Chile received her VISA 2 Jun 14. She will be in the US by 24 Jun and a week later we will marry. I am scheduled to leave the USA on 10 Jul 14 to live/work for at least a minimum of two years. I can bring her along as a dependent, but she will still be a resident of Chile. I would like her to get a US Permanent Resident status while living abroad because she will be able to work. Is that possible while living abroad in processing paper work to get her a permanent residence? I will be working on a US Military Installation. Can I apply for her permanent residence while we're still here in the US and then get it modified due to my status?

Please advise...

Are you a government employee or Contractor for the US Military?

[amontances 0]

i am a US Contractor working for the Dept of Navy

[jeff.spangler57 0]

i am a US Contractor working for the Dept of Navy

Ok so although I just did the CR1 visa. I do have a 2 friends 1 was active duty navy and one was a contractor both working overseas. They both managed to do exactly that. I will contact them and find out. I also know that since you will be under a government contract overseas they will expedite your case and it does make a huge difference. For example I just finished a CR1 visa in 4 months starting the day I dropped the I-130 off with UPS. I will get back with you tomorrow with more information on what they did to get there wife's overseas with them without losing any progress.

[baron555 934]

My fiance from Chile received her VISA 2 Jun 14. She will be in the US by 24 Jun and a week later we will marry. I am scheduled to leave the USA on 10 Jul 14 to live/work for at least a minimum of two years. I can bring her along as a dependent, but she will still be a resident of Chile. I would like her to get a US Permanent Resident status while living abroad because she will be able to work.

Can't do that. She needs to permanently be residing in the US to receive that.

Is that possible while living abroad in processing paper work to get her a permanent residence?

NO

I will be working on a US Military Installation. Can I apply for her permanent residence while we're still here in the US and then get it modified due to my status?

No, she needs to reside a minimum of 6 months per year to maintain the GC.

Please advise...

Get married and do not adjust status. You two move to the new country and when you are ready to come back permanently, you file for a CR-1 visa for her......or....you leave her here and come back to visit every so ofter (good friends of ours do this).

[belinda63 3,038]

The rules for residency are different when you are US military or a US government contractor working overseas. This is considered as still being on US soil. If she has her green card before she goes to be with you everything will be good for certain.

What I don't know about is if she would have to wait stateside for her AP before she goes to be with you. Maybe she could stay with friends/relatives until she has her finger prints taken and her AP in hand.

[Bakemma 4]

She will have to wait stateside for her AP before she follows you to your contract station. Otherwise the petition is abandoned. But after that she can be issued her GC wherever she is if she is with her spouse that is on a military contract. I was raised in the army and we had 2 close German friends that had to do this.

[amontances 0]

ok, thank you all for the help.

since we will be married, she will be able to come in/out of Europe without any issues; i'm thinking. my main objective is for her to be able to work on base like at the NEX or something so she's not sitting at home bored. i know that being a dependent of a contractor is nearly impossible to get a job through usadjobs.com since those positions are reserved for military/civilian dependents. then you have the local national issue where the ratio needs to be met.

possible scenarios:

1. she accompanies me for 90 days, leaves to go back to her country (Chile) to take care of her Visa and for her to be put under my contract - but i'm thinking that this doesn't give her US permanent residency

2. she accompanies me for 90 days, look for ways to take care of all of her paper work through the US Consulate hoping this will give her US Permanent residency

3. we get married, she accompanies me for 90 days in italy, comes back to the USA by herself, initiate the Green Card/Permanent Residency and wait for final approval, then flies out to come out with me again.

anyone have any thoughts on the possible scenarios? anyone have any personal experience with scenario #3? the time frame is close from when we get married and depart the USA.

any advice or personal experience shared would be greatly appreciated...

thank you...

Edited June 7, 2014 by amontances