K1 visa and living /travelling abroad

[Kpetrey 0]

Hello 

 

I'm from the US have been living in Colombia for the past 10 yrs and have an online business which I can operate from anywhere. My Colombian fiance applied and received her K1 visa recently. We plan to go to the US and marry. After Advance Parole  is granted, is their a set amount of time she needs to live in the US per year? Our plan going forward, is to live between Colombia and the US like 6 months in each country per year, if possible. 

 

Thank you

[geowrian 22,337]

There is no "fixed" amount of time she needs to be in the US per year. However, filing AOS means she is applying for legal permanent resident status. If USCIS or CBP believe she has established residence outside the US, then they can deny her entry and her LPR status will be revoked. Trying to have dual residence isn't explicitly prohibited (AFAIK), but frequent and long trips outside the US is likely to raise suspicion, and suspicion is all that is required for CBP to deny entry.

 

That said, the general "rule" is more than 6 months of the year she should live within the US. A re-entry permit can be obtained for longer trips, but again...frequent trips may raise flags..

Edited February 3, 2017 by geowrian