Travel outside the USA after receiving K1 conditional 2 year green card

[robrl 0]

Hey everyone,

My fiancee (US Citizen) and I (Canadian) are working our way towards a K1 Visa for me to go visit her in the US and get married. We've been together for just over 3 years. I've just submitted the DS-160 form and we're at the stage for me to setup an interview.

Before going through with this and paying all the fees I had a question regarding the 2 year conditional Green Card I would be receiving once everything got approved, we get married and apply for it.

We've been discussing doing a working holiday visa in Australia for a year (possibly 2 years if she goes to school there). We had already submitted and started the K1 Visa application before we thought about doing this. We would be hoping the start australia holiday visa near the end of 2016 so if we continued with the K1 visa I would hopefully have had the Green Card for 2-3 months before we left for Australia.

My question is would leaving the U.S. (with my fiancee/wife) for 1 year on the conditional green card effect it? Are we allowed to do this?

Would there be a better alternative to us being able to do the Australia work visa and still be married and once finished in Australia come back to the U.S?

Thanks!

[lilac_ 3]

Not knowing what the Australian visa is I don't know how to answer. You can't stay in Australia for a year on a conditional green card, a green card is for you to live in the US, not to reside in other countries. On a conditional green card I believe it's 6 months that is the limit of how long you're allowed to stay out of the US at a time without having the US consider your permanent residence status abandoned. If you want to live in Australia for a year and then the US why don't you go with a K1 or CR1 after you've been to Australia and plan to live in the US?

[robrl 0]

The Australia working holiday visa is completely separate to the US green card. Basically you just need to be between 18-31 and you pay the fee to apply and you can work/live in Australia for a year.

We had already started and are a bit more than half done the K1 process before we decided we possibly wanted to live abroad a year. Otherwise we would have done what you suggested. Also if it's possible to do both and be together within the next 2 months instead of 7-8 months would be ideal.

I wasn't able to find any information about how long you can be out of the U.S on a conditional green card, hence the question.

[lilac_ 3]

180 days, or legally a temporary stay. Info: http://lawandborder.com/risk-abandoning-green-card-abroad-6-months/

[NikLR 13,227]

You can stay out for the that long, but if you're going to be gone for more than a year, you should get a reentry permit after getting your green card. However, keep in mind that you will have to remove conditions on your green card. Keep your ties to the USA while you're travelling as well.

[Pitaya 2,577]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Similar topics have been discussed at this forum, not K1 related.~

Edited March 10, 2016 by Pitaya

[robrl 0]

Thanks for the information.

If we'd both be living in another country for 1-2 years how would we go about keeping ties to the U.S...she's currently just renting an apartment in the u.s so when we left we would get rid of that. Would me being and living abroad with my then u.s citizen wife do anything to help?

Would we be better off not finish off this K1 Visa process and just move/live in Australia for those 1-2 years then once we're ready to return and live in the u.s, start the K1 process over again?

Appreciate all the help

[NikLR 13,227]

Either a K1 or CR1. Yes it would be better as you're not intending to live in thr USA for a few years

[templeton 120]

Yes, permanent resident status is intended for just that - residing permanently in the US. It doesn't have the same flexibility in terms of coming and going for extended lengths of time as citizenship does. But keep in mind, you're not even close to a green card yet. Realistically it will take at least another six months after you get married. You're just in the first of several drawn-out steps - none that reconcile well with being away for long periods of time. Interviews, biometric appointments, more form submissions, etc. that you generally have to be around for.

Frankly, you're wasting your time and money going through this process now if you don't intend to stay in the US for the majority of the first few years. If Australia is where you want to be, cancel the K-1 application and go there. If you know you want to get married, then I'd recommend you do it as soon as possible, because the silver lining here is that if you've been married for two years or more when the time comes to immigrate to the US, you get to skip right to the 10-year green card. It's very nice perk that will save you a bunch of hassle.

[robrl 0]

Yeah we're no longer considering finishing the K1 after learning everything, unless of course we decide to stay in the US for a few years right now.

Thanks everyone for the feedback, learning quite a bit about the entire process now

If you know you want to get married, then I'd recommend you do it as soon as possible, because the silver lining here is that if you've been married for two years or more when the time comes to immigrate to the US, you get to skip right to the 10-year green card. It's very nice perk that will save you a bunch of hassle.

We're still planning on getting married very soon. What exactly are the perks of going straight to the 10 year green card vs the conditional 2 year one? Other than not having to re-apply or re-interview after the first 2 years are complete?

[NikLR 13,227]

Yeah we're no longer considering finishing the K1 after learning everything, unless of course we decide to stay in the US for a few years right now.

Thanks everyone for the feedback, learning quite a bit about the entire process now

We're still planning on getting married very soon. What exactly are the perks of going straight to the 10 year green card vs the conditional 2 year one? Other than not having to re-apply or re-interview after the first 2 years are complete?

You don't have to do the removal of conditions. Which means you don't have to keep every shred of evidence you're a genuine couple for 2 years and then send it in to the USCIS for validation on your relationship... again... (plus pay them $590 dollars.)