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Posted

I am a USA citizen with legal residence there.

I am also a non-citizen, legal resident of Mexico, with a "permanent resident" card.

(equal to a "green card")

Part of the year I live in the USA and part of the year in Mexico.

I return to the USA a few times during any given year and return to Mexico at will.

In fact, Mexico does not inspect entrants as to their visa status, leaving that to the individual party to obtain at the time of crossing at the border.

Can I and the future Mrs.(Philippino citizen), once we are married, and has the AOS (adjustment of status, conditional resident) green card, now travel to, and live in my Mexico home?

In other words, is she free to travel internationally with a conditional resident green card and perhaps more importantly, gain access back inside the USA unemcumbered?

I am aware of the visa obligations necessary for her to enter Mexico and would obtain the proper visa for her at the time of entry to Mexico....at which time she would be my spouse with the proper, albiet conditional, USA green card, which fullfills the Mexican requirement of being a valid USA visa holder for entry.

Filed: Lift. Cond. (apr) Country: China
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Posted

~Moved from K-1 Process to Moving and Traveling During US Immigration Forum~

~Inquiry about post-AOS travel, this forum likely more appropriate than K1 Process forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

That is what sounds like to me as well, you live in Mexico and visit the US?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-3 Visa Country: Philippines
Timeline
Posted

I'd agree with the other commenters. Sounds like you live in Mexico---yet, maintain some kind of residence in the states. You're applying for "residency" for your spouse - residency in the USA, not Mexico.

If you can establish that your permanent home is in the US and that is where you reside most of the time...technically, that shouldn't be a problem. Once you do an Adjustment of Status, your spouse is free to travel anywhere. While she is here on a K1 Visa --- no, she really isn't allowed. She will need to get permission. Once she has adjusted status - could take a few months - that wouldn't be an issue. You need to read up on the conditions of a K1 visa as well as Adjustment of Status.

Posted

hi

no, it is not a tourist visa. the GC is to live in the US, so unless you are ready to return permanently to the US don't file for your spouse

That does not sound right to me.

Thousands of Mexicans have a permanent resident green card to enter the USA and do so for working or visiting or staying with relatives for various periods of time.

Yet they live in Mexico with a Mexican address.

If what you say is accurate, those thousands of Mexicans who have a USA issued permanent resident green cards, would not be able to live in Mexico. They would be in violation by not living in the USA.

It would seem reasonable, that a citizen of the Philippines, with the proper US permanent resident visa (green card) and the spouse of a US citizen, would be allowed to travel in foreign countries for periods up to one year, the same as a US citizen.

Her legal, permanent resident is in the USA and will continue to be as a matter of record.

I would point you to the circumstance of myself (US citizen with passport) and my US green card holder spouse,(Philippine citizen) returning to her home country of the Philippines for an indeterminate period of time for any legal purpose.

In your scenario, this could not happen as the green card is not a tourist visa and would preclude her from traveling to any international destination, or be denied re-entry back to the USA, prior to the one year "absent" time period as stated in the copy/paste below.

She could enter the Phils with her Philippine passport, and myself with my US passport and the proper Philippine foreigner visa. We could "live" there, her as a citizen, and myself as a tourist with the proper visa extensions, up to one year it appears.

Upon return to the USA, she shows the officer her valid USA green card and I show my USA passport.

No matter the point of entry, she shows her valid green card for entry. Air, land or sea POE.

Reason for travel to any international destination would be "tourist" Time frame indeterminate, up to one year.

Perhaps your confusing permanently living abroad as a US green card holder vs. a tourist to foreign destinations up to one year. I should have been even more explicit in saying "part time" living in Mexico, and not as a permanent resident.

Althought I do hold a permanent resident green card for Mexico, this in no way prevents me from returning to the USA at any time I wish or length of time absent.

I am confident that many USA citizens travel abroad with their green card holding spouses for indeterminate periods of time as tourists, up to one year, and return unemcumbered.

If you can point me to the specific language the prohibits a green card holder from traveling to international destinations and staying there temporarily, I would appreciate it.

Simply put, the US green card holding spouse would be a tourist in Mexico and obtain a 180 day Mexican tourist permit. Returns to the USA would be prior to the expiration of that tourist visa, which as it turns out, is well within the time frame allowed to be absent from the US, without incurring difficulties on return.

The below was a copy and paste from the University of Michigan, outlining permanent residency immigration green cards. I would refer you to the second paragraph for clarity of this issue.

What is unclear is that there is no mention of a holder of a "conditional" green card.

Here is the link for your convienience. http://internationalcenter.umich.edu/immig/prvisa/

"Once you are a permanent resident, travel is generally not a problem, provided you have a valid passport from your country of citizenship and your Permanent Resident card. Currently, USCIS is issuing permanent residence cards for 10 year periods. You must renew this card before the expiration date"

"If you plan to remain outside the U.S. for more than one year, it is necessary to obtain a reentry permit before leaving the country. Additionally, we recommend obtaining a reentry permit for periods over six months to avoid potential complications when reentering. Application for a reentry permit is made using Form I-131 Advance Parole travel document"

Respectfully......

Filed: K-1 Visa Country: Wales
Timeline
Posted

Sounds like she will not be Permanently Residing in the US.

Why would she want to go through the process to do so at great cost, make herself liable to US taxation if all she wants to do is visit?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

I'd agree with the other commenters. Sounds like you live in Mexico---yet, maintain some kind of residence in the states. You're applying for "residency" for your spouse - residency in the USA, not Mexico.

If you can establish that your permanent home is in the US and that is where you reside most of the time...technically, that shouldn't be a problem. Once you do an Adjustment of Status, your spouse is free to travel anywhere. While she is here on a K1 Visa --- no, she really isn't allowed. She will need to get permission. Once she has adjusted status - could take a few months - that wouldn't be an issue. You need to read up on the conditions of a K1 visa as well as Adjustment of Status.

Hello and yes you're right. I do own a home in Mexico and another one in the USA.

I frequently (2-4) times a year, go back to my USA home and live there until I get tired of the rat race.

Or, one could say I go to my Mexico home 2-4 times a year for less rat racing.

For purposes of convienience, I do have a permanent resident card issued to me in Mexico.

Of course, any international travel for my spouse would be AFTER we obtain the permanent status and not just using the K-1.

My spouse is a Philippine national and will be holding a permanent residence green card from the USA.

With that USA visa, she can obtain a Mexican 180 day tourist visa for entry.

From what I have learned on the web, as long as this green card holder does not stay out of the USA longer than 1 year, re-entry is not a problem.

Interesting stuff.....thanks for your input.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Abandoning Permanent Resident Status


You may be found to have abandoned your permanent resident status if you:


  • Move to another country intending to live there permanently
  • Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
  • Fail to file income tax returns while living outside of the United States for any period
  • Declare yourself a “nonimmigrant” on your tax returns

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Sounds like she will not be Permanently Residing in the US.

Why would she want to go through the process to do so at great cost, make herself liable to US taxation if all she wants to do is visit?

Day in and day out for 365 days a year......not living in the USA.

There exists no requirement for that.

Permanent resident green card holders are free to travel international destinations up to one year absent.

Taxation is a non issue......no income.....no tax.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently
  • Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
  • Fail to file income tax returns while living outside of the United States for any period
  • Declare yourself a “nonimmigrant” on your tax returns

None of those conditions will exist.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Why have you posted on this site?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Why have you posted on this site?

This IS a site for discussion of visas and immigration right?

From everything I can gather, that is exactly what I am doing.

Discussing visa and immigration issues.

And......the kind administrator moved my original post to "working and traveling during US Immigration"

Moved from K-1 Process to Moving and Traveling During US Immigration Forum~

~Inquiry about post-AOS travel, this forum likely more appropriate than K1 Process forum~

Filed: K-1 Visa Country: Wales
Timeline
Posted

All I see is a series of statements about what you are going to do.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

Since you seem to have the answers and are disagreeing with everyone, why bother having a discussion?

Next time you enter the US from Mexico, why don't you ask CBP if they will have a problem with your wife living in Mexico wit a green card.

Edited by aaron2020
Filed: AOS (pnd) Country: Australia
Timeline
Posted

None of those conditions will exist.

Isn't the point of your post that one of the conditions listed by Boiler (abandoning permanent resident status) is what you want to do? In determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year.

 
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