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Filed: K-1 Visa Country: England
Timeline
Posted

Hello everyone!

I've been reading these forums for months trying to get my head around everything and its time that I made one of my own. We are living together overseas while the K-1 is processed. Our intended return to the US was the start of October, but I think now, that might be a little motivated.

My question however is what happens after we're approved and married. I have found the proper way of filing for change of status, permission to work, etc. but we are hoping to go abroad again within the year of marriage for a significant amount of time. During the process of adjustment, he can't leave, but after its completion, what are the parameters? I know we can't apply for his naturalization until we've settled down in the US, but we aren't quite ready for that yet and I don't want to leave the country and raise red flags for when it's time to come home.

Sorry if this doesn't make any sense. Thank you so much for your help!

Bullet points of our situation:

Arrive in Vietnam- September 2013

Engaged: March 2014

NOA1: May 8, 2014

Return to US: January 2015 (hopefully)

Courthouse marriage/ apply for adjustment

Fluffy family celebration: June 2015

Hopefully be able to leave to work abroad August/September 2015

Return to USA: undetermined

The last two are what I'm unsure about. We want to keep it as simple as possible. Thanks again everyone!

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

Sounds like you will be just getting the GC and then surrendering it.

Not sure what you mean by indeterminate, you can fudge maintaining the US as your Permanent Residence for a while, but not indeterminately.

Assuming we are talking about abandoning US residency then you would surrender the GC and re apply when and if you wanted to resume.

Edited by Boiler

“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: Citizen (apr) Country: Australia
Timeline
Posted (edited)

Hello everyone!

I've been reading these forums for months trying to get my head around everything and its time that I made one of my own. We are living together overseas while the K-1 is processed. Our intended return to the US was the start of October, but I think now, that might be a little motivated.

My question however is what happens after we're approved and married. I have found the proper way of filing for change of status, permission to work, etc. but we are hoping to go abroad again within the year of marriage for a significant amount of time. During the process of adjustment, he can't leave, but after its completion, what are the parameters? I know we can't apply for his naturalization until we've settled down in the US, but we aren't quite ready for that yet and I don't want to leave the country and raise red flags for when it's time to come home.

Sorry if this doesn't make any sense. Thank you so much for your help!

Bullet points of our situation:

Arrive in Vietnam- September 2013

Engaged: March 2014

NOA1: May 8, 2014

Return to US: January 2015 (hopefully)

Courthouse marriage/ apply for adjustment

Fluffy family celebration: June 2015

Hopefully be able to leave to work abroad August/September 2015

Return to USA: undetermined

The last two are what I'm unsure about. We want to keep it as simple as possible. Thanks again everyone!

Let me start by saying that I might be wrong in what I say here as I am new to the PR status and what it entails too!

From what I have gathered, your intentions are to leave the U.S. not very long after your spouse has received their Green Card and Permanent Resident status to work abroad? This could be a major issue and affect your spouse's Permanent Resident Status depending on the time you intend to live out of the U.S. during your spouse's permanent residency while holding a conditional 2 year green card.

I will wait for someone else to comment on this topic, but my fear would be that if they spent too long out of the U.S. that their GC/PR status could be revoked.

As for the citizenship via naturalization; your spouse is eligible to apply for this after 3 years as a permanent resident married to a USC.

ROC (removal of conditions) within 90 days of expiry of 2yr GC, after receiving 10yr GC, they can apply. So that's quite some time away.

Also :time:

Edited by sweetswinks

05-18-2022: Filed N-400 online. Received online NOA and Biometrics re-use.

06-03-2022: Interview scheduled (online notice).

06-10-2022: Interview letter received via USPS.

07-11-2022: Naturalization Interview

Click here for my full timeline of K1, AOS, ROC, and Naturalization
:time:--> http://www.visajourney.com/timeline/

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

Moved from K1 Process & Procedures to Working & Traveling During US Immigration; topic is about travel abroad for an extended period of time and not about the K1 process itself.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: K-1 Visa Country: England
Timeline
Posted (edited)

I must have worded this entirely wrong! We want to settle in the US, but we have a job offer abroad that we'd like to accept. It's on a rolling basis, so there is no hurry but there are always many things to consider and we'd rather take the job now, so our settled lives can start sooner. It is only a 1-2 year placement, though it could be longer if we choose.

We have decided to use the K1 because it seemed to be the most straight forward, at least at the time. However, life happens and new challenges come into play. This is why I am asking if anyone knows how long until he can leave once we are married, for how long, and how does he get back into the US? We will not apply for naturalization until we are back in the US to stay. I just know that if he comes in as a fiance, he'll have to leave after 90 days as it is a non-immigrant visa, OR we apply for the change of status. We'd like to leave about 6-8 months following the legal marriage, but I can't understand this process for making it as painless as possible and I'm not willing to risk that we have to spend any more time apart.

Thank you for the support and help! I hope I clarified some of my original confusion.

Edited by Katester
Filed: K-1 Visa Country: Wales
Timeline
Posted

So the job will be for 1-2 years, or longer. Not sure how much more information this adds.

Will you be maintaining a US residence during this time?

“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-1 Visa Country: England
Timeline
Posted

Just to update-

I think I found the information I was looking for. Basically what we would need to do is ask for advanced parole at the same time we file adjustment of status and permission for employment. That would then help to establish our intent to return to the US without abandoning the process. However, if it is for more than a year, the risk of being let back into the country is at play and there needs to be lasting proof of continued intent to return (bank accounts, residence, employment, family, etc.). Also, as was mentioned before by sweetswinks, it will completely overhaul the green card conditions process and in-turn the naturalization process.

For the record, we never wanted to give up US residency. Our job, income, and life together is not currently in the US, by fulfilling this requirement, we are uprooting and I was just hoping that it wouldn't be necessary. Yes we could have filed differently but at the time and still now, this was our best option. Turns out, I want to eat my cake and have it too. I was looking for options, so that I can plan anything that will happen in the next 6 months. Student loans don't wait.

Anyway, this is what I gathered, and may not be accurate. Please correct any misinformation for someone else. Thanks for your help.

Posted

I vote for moving to Vietnam and have her move there with you. Get married. When you are done with the job and want to live in the US file for a spousal visa about 9 months before moving back to the US. You might check to see if Vietnam allows for direct consular filing (DCF) for the spousal visa as that would be less time if they do and you qualify. Otherwise you spend all this time and money getting a GC and then run the risk of loosing it only to start over with a spousal visa anyway. Save the adjustment of status (AOS) $1070. Also a spousal visa allows your wife to get her GC right after she arrives rather than wait the 6 months or more after filing for AOS.

Good luck,

Dave

Filed: K-1 Visa Country: Wales
Timeline
Posted

I assumed you were hoping for the GC Interview before you need to leave, you could use AP if it does not, but do not see how that changes the situation.

“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: Lift. Cond. (apr) Country: China
Timeline
Posted

You might check to see if Vietnam allows for direct consular filing (DCF) for the spousal visa as that would be less time if they do and you qualify.

No USCIS field office in Vietnam, DCF is not possible there.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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