After Fiance in USA

[ilsbird83 0]

I had posted months ago but now that the time has gone by, would like some assistance. I applied for my fiance to come to the USA on a K-1 visa from Pakistan. Well she is arriving here in the USA in few weeks. However, I had interviewed for a career job opportunity which requires me to relocate overseas, (DUBAI). I am set to start my job in November. I know my fiance cannot leave the USA as she is arriving on a K-1 visa, but she has to wait till she gets a conditional(temporary) green card I am told to travel limitedly. My first question is what is the average time she can get the temporary green card which will allow her to travel back and forth to visit me while I am in Dubai. And how long is the average timeframe for her to get her permanent greencard after arriving in the USA. And lastly, if she does live here with my family while I am in Dubai, would this create a issue or problem when the time has come for her to get her permanent green card and if I am required to be living with her even though, it would be due to my job that I would have to relocate in December. Appreciate any assistance with this process.

Edited August 3, 2016 by ilsbird83

[Max! 10]

Temperary / conditional green card is for 2 yr then apply to remove condition

Timeline is on forum for green card processing usually 6 months I could be wrong. Once she get temporary / conditional green card she can visit you in Dubai. ( she may need Dubai visa )

Yes she can stay with your family. Make sure you have lot of joint finance and other stuff.

[A'n'L 735]

The processing time for AOS from K1 (to obtain a green card) vary greatly, from 3 months to over a year at the other extreme. I would not even dare to give you an estimate.

As said, she can file to remove conditions on her green card after two years. However, keep in mind that apart from validity period, a conditional and non-conditional green card come with the same rights and responsibilities (including showing residence in the US, rights to travel and re-enter the US etc).

How long are you planning to work in Dubai? It will be hard for her to prove your bona fide marriage when removing conditions in her green card if you are not living together. Remember also that the purpose of a family based visa is for family to stay together, which you wouldn't be doing.

[ilsbird83 0]

Well the job is with Emirates airlines and it's a 3 yr contract . So my plan is to eventually move her over there anyways after she gets her green card but until she is on the conditional and temporary green card , I heard when I can file her paperwork when she arrives to also file the I-131 which can allow her to visit me back and forth on a regular basis. She will be living with my parents here at our home residence obviously .

[A'n'L 735]

Well the job is with Emirates airlines and it's a 3 yr contract . So my plan is to eventually move her over there anyways after she gets her green card but until she is on the conditional and temporary green card , I heard when I can file her paperwork when she arrives to also file the I-131 which can allow her to visit me back and forth on a regular basis. She will be living with my parents here at our home residence obviously .

Why wait until she gets her green card? To keep her green card she needs to maintain residence in the US - so moving to Dubai would most likely mean she looses the green card. Why not move her there now, and then re-apply for a visa when you are ready to live in the US?

[Unlockable 7,315]

As already stated she has to be living in the US. That is one of the requirements of having a green card. A green card is proof that she is a permanent resident of the US. If she is living with you in another country for the next few years she will not be able to remove conditions and will likely lose her permanent resident status.

You also mention her staying here and living with your family during your assignment away. The problem with that is when it is time for her to remove conditions in 2 years the two of you will have to provide proof of a bonefide marriage. You being apart for two years will not help your case. The immigration officer will wonder why you brought her to the US when you are in another country.

The best option is to marry, not file for a green card now, and move her with you. When it is a year or so before you are to return to the US, then you file for a spousal visa.

[Limey 551]

As already stated she has to be living in the US. That is one of the requirements of having a green card. A green card is proof that she is a permanent resident of the US. If she is living with you in another country for the next few years she will not be able to remove conditions and will likely lose her permanent resident status.

You also mention her staying here and living with your family during your assignment away. The problem with that is when it is time for her to remove conditions in 2 years the two of you will have to provide proof of a bonefide marriage. You being apart for two years will not help your case. The immigration officer will wonder why you brought her to the US when you are in another country.

The best option is to marry, not file for a green card now, and move her with you. When it is a year or so before you are to return to the US, then you file for a spousal visa.

Aside from this, perhaps I'm misunderstaning the reason for marriage. For me (and most on this forum) you marry to be together - not for a green card. If you love your wife to be, why on earth would you want to spend 2 or 3 years in a different country from her?

[ilsbird83 0]

Well first of all. Let me clarify to the last comment. It's common sense and I don't need to be told whether I love her or not. Of course I love her and yes there is no way I will be away from her this long. My only point is that is there a way I can keep my career option open without disturbing her green card process. Because my opportunity is a 3 yr contract. Once the contract is over , we will move back to the USA . I being the us citizen will not have any problem but I want to make sure she goes through the same process. If u read clearly above I never said we will be living apart in this three year period. She will be moving with me for sure to Dubai in any condition regardless. I will talk to my lawyer this week to see the process and will be happy to share more input here for others.

[marianath 27]

As already stated she has to be living in the US. That is one of the requirements of having a green card. A green card is proof that she is a permanent resident of the US. If she is living with you in another country for the next few years she will not be able to remove conditions and will likely lose her permanent resident status.

You also mention her staying here and living with your family during your assignment away. The problem with that is when it is time for her to remove conditions in 2 years the two of you will have to provide proof of a bonefide marriage. You being apart for two years will not help your case. The immigration officer will wonder why you brought her to the US when you are in another country.

The best option is to marry, not file for a green card now, and move her with you. When it is a year or so before you are to return to the US, then you file for a spousal visa.

In my opinion this is the best advise to take.

[A'n'L 735]

Well first of all. Let me clarify to the last comment. It's common sense and I don't need to be told whether I love her or not. Of course I love her and yes there is no way I will be away from her this long. My only point is that is there a way I can keep my career option open without disturbing her green card process. Because my opportunity is a 3 yr contract. Once the contract is over , we will move back to the USA . I being the us citizen will not have any problem but I want to make sure she goes through the same process. If u read clearly above I never said we will be living apart in this three year period. She will be moving with me for sure to Dubai in any condition regardless. I will talk to my lawyer this week to see the process and will be happy to share more input here for others.

The safest and cheapest approach for you two (and the approach that would give you most time together) is if you marry and she moves with you to Dubai immediately. Approximately one year before your return to the US, you file for a spousal visa for her and she joins you moving back to the US where she (as a spousal visa entrant) is immediately a green card holder. Since you will have been married more than two years at that point, she will have a 10 year green card (not a conditional one).

You save yourself the money from filing AOS and ROC + the difficulties proving bona fide marriage while living apart.

[ilsbird83 0]

Thank you all for your kind and humble responses. I appreciate you all for providing your inputs.

[Pitaya 2,577]

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

~Similar topics are often discussed at this forum~

[gregcrs2 1,778]

You can find lots of information you need here:

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

Also how being overseas on GC affects timeline for naturalization:

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

Good Luck!