Reversal of Plans

[dmcch 0]

All,

Have a real tough one here so I appreciate any help people can give me.

Brought my fiance here to the USA on a K-1 visa and we got married. We've completed and sent in our AoS paperwork though we've not received anything back to date.

I have an opportunity of a lifetime for a new job, in Manila. It's a chance for us to return to her country and for me to have a great job. My question is, does this basically nuke all the work we've done in the States to date for her permanent residency? Can anyone give me suggestions for what to do from here? We both would prefer to continue our process on the US side in the event we want to return someday.

If it does nuke my progress, any suggestions for next steps? Would it be best to marry in the Philippines and apply that way when we want to return? And on a side note, since we're moving there I'm guessing I have to go through some kind of residency process on their side? This makes a big deal since there is a delineation in their tax code between the two.

Thanks!

[Tricked 33]

Until you receive the AP part of the AOS leaving the country would invalidate the AOS.

Also, as part of the AOS you'd need to attend to provide biometrics, and possibly an interview, which is all state side. And I believe there is a requirement of the green card that you have to show a residency in the US (I believe there's something about not being out of the country for more than a year?, but you'd be best checking on this requirement)

How established is your partner in the US, the simplest may be to have them stay to come the AOS, and then follow, in effect the reverse of the immigration process. But, I'm not certain if this would cause complications when removing conditions, where you need to show evidence of the marriage, joint accounts, etc.

[dmcch 0]

Thank you sir. I don't think she'll be up for going it alone for too long and I also remember reading about not being out of the country too long.

Pretty sure we're starting over if I decide to take this new job.

[Tricked 33]

You could always file for C-1 once out of the country - assuming the timelines would match you expectation for how long you will be out of the country and if indeed you plan to return to the US.

[IcezMan_IcezLady 582]

It would have been awesome if you could make sure she attains her citizenship before moving but if that's not an option right now, then, you can just abandon the process and file I-130 when you two are ready to come back.

[YecaCruz 379]

It's definitely something to think about. Do you really want your AOS to fall through the cracks, loose the $ you paid, just to start over again? You are certainly right when you say that you'd have to start from scratch...which comes with establishing domicile and all the other fun stuff...and more fees

Is it worth it to nix the work that you've already put into immigrating her to the US, at the end of the day? You can easily travel to her county with AP in hand when that comes. Three or four months waiting for permission to travel out of the country is such a small amount of time when you think of a lifetime

If it were the case for me, I'd really map out the pros and cons Good luck in your decision

[MacUK 983]

Would it be best to marry in the Philippines and apply that way when we want to return?

I'm confused, you're already married aren't you?

[TBoneTX 44,669]

*** Thread is moved from the K-1 Process forum to General Immigration Discussion -- OP is past the K-1 phase. ***

[baron555 934]

All,

Have a real tough one here so I appreciate any help people can give me.

Brought my fiance here to the USA on a K-1 visa and we got married. We've completed and sent in our AoS paperwork though we've not received anything back to date.

I have an opportunity of a lifetime for a new job, in Manila. It's a chance for us to return to her country and for me to have a great job. My question is, does this basically nuke all the work we've done in the States to date for her permanent residency?

Yes

Can anyone give me suggestions for what to do from here? We both would prefer to continue our process on the US side in the event we want to return someday.

Can't because the GC requires a maintenance of residency, min 6 months per year.

If it does nuke my progress, any suggestions for next steps?

Schedule an Infopass meeting and bring notarized letter stating desire to withdraw the AOS.

Would it be best to marry in the Philippines and apply that way when we want to return?

You're already married, so no need to get married again.

And on a side note, since we're moving there I'm guessing I have to go through some kind of residency process on their side? This makes a big deal since there is a delineation in their tax code between the two.

Most likely.

[Russ&Caro 1,548]

On the plus side of starting over, if you're in Manila for 2+ years, then you will file as an IR1 application instead of CR1. This means you won't have to go through the Removal of Conditions rigamarole. She'll get a full 10 year green card upon approval.

I'm a big believer in following your dreams, or dream job, as the case may be. Best of luck!

[NikLR 13,227]

Yup you'll probably have to start over. But you can do dcf to come back. Much quicker. Dont cut all your US ties, keep a bank account etc...

[Boiler 44,855]

I 407 is the form to abandon residency if you get that far.