Work at home in the UK whilst awaiting approval of Green Card

[Michelle F 0]

Hello,

 

I am a UK citizen and my fiance is US, Is it possible after marrying via K1 route, to apply for the AOS and Green Card and return to the UK and work whilst awaiting approval?

 

 

 

[Roel 7,193]

No.

If you leave the US without your travel permit (AP) - part of the Aos process -  you will NOT be able to come back to the USA.

 

Unless you apply for the spouse visa. Which takes about 10 - 12 months to process.

[f f 725]

be very careful with working in other countries while having a green card much less applying for one. since it will be hard to show you are a resident if you live and work abroad.

[Michelle F 0]

What are the estimated time frames for the travel permit?

 

Assuming that I have that, can I then return home whilst I wait for the Green card to arrive (I can see this part takes 10-12 weeks)

[f f 725]

10 minutes ago, Michelle F said:

Assuming that I have that, can I then return home whilst I wait for the Green card to arrive

this is your issue. once you apply for the green card the us is your home not the uk. you can go to the uk to visit but not to eork and live. if you are in the uk and use any nhs services as a uk resident they can use that as prof you abandoned you us residency and deny or revoke your green card.

[Michelle F 0]

Thank you. This is clear now.

[Davidblunt 11]

I think there is some misinformation in this thread.

 

I have a friend doing the very same process you describe.

 

He came to the US and got married. They filed and he has gone back to England while it processes.

 

He cannot return until they request him for interview. 

 

The downside to this approach, the lawyer said, is it can take 2x or even 2.5x longer to process than AOS inside the states  (depending on local office and embassies, of course).

 

Speak to an immigration attorney about it.

[Michelle F 0]

Thanks David. I have always studied or worked full time so am keen to keep myself busy during the wait. 

 

Can you also recommend Health Insurance options and estimated costs for this?

[Roel 7,193]

34 minutes ago, Davidblunt said:

I think there is some misinformation in this thread.

 

I have a friend doing the very same process you describe.

 

He came to the US and got married. They filed and he has gone back to England while it processes.

 

He cannot return until they request him for interview. 

 

 

He cannot return. Period. Why would he be able to? If he left the US without this travel permit, he will NOT be eligible to return to the US. On what grounds?  K1 is the one entry visa. If you leave the country without any documents that make you eligible for re-entry (either the green card or AP) then you will NOT be able to return.

 

Sorry. Your friends will need a spouse visa to be able to return to the US. Whole new, expensive, long process. It has been said MANY times on this forum - when you come on K1, do NOT leave the US without AP or Green Card.

 

edit to add quotes:

"

In theory, once you have gotten married and turned in your application for adjustment of status (a green card) to U.S. Citizenship and Immigration Services (USCIS), any departure from the United States automatically cancels that application. USCIS will regard you as having abandoned your efforts. However, if you obtain special permission -- called Advance Parole -- the application will not be cancelled while you are away.

Obtaining Advance Parole is usually fairly easy, though not guaranteed. Most applicants for adjustment of status simply include the form for it--Form I-131--along with their adjustment application, whether they plan on traveling or not. You need not pay any extra fee to include this application with your adjustment packet.

"

Edited February 25, 2017 by Roel

[Davidblunt 11]

35 minutes ago, Roel said:

He cannot return. Period. Why would he be able to? If he left the US without this travel permit, he will NOT be eligible to return to the US. On what grounds?  K1 is the one entry visa. If you leave the country without any documents that make you eligible for re-entry (either the green card or AP) then you will NOT be able to return.

 

Sorry. Your friends will need a spouse visa to be able to return to the US. Whole new, expensive, long process. It has been said MANY times on this forum - when you come on K1, do NOT leave the US without AP or Green Card.

 

edit to add quotes:

"

In theory, once you have gotten married and turned in your application for adjustment of status (a green card) to U.S. Citizenship and Immigration Services (USCIS), any departure from the United States automatically cancels that application. USCIS will regard you as having abandoned your efforts. However, if you obtain special permission -- called Advance Parole -- the application will not be cancelled while you are away.

Obtaining Advance Parole is usually fairly easy, though not guaranteed. Most applicants for adjustment of status simply include the form for it--Form I-131--along with their adjustment application, whether they plan on traveling or not. You need not pay any extra fee to include this application with your adjustment packet.

"

 

He is returning on a spouse visa.

 

His immigration attorney is handling it. He actually didn't come in a K1 visa. 

[Davidblunt 11]

57 minutes ago, Michelle F said:

Thanks David. I have always studied or worked full time so am keen to keep myself busy during the wait. 

 

Can you also recommend Health Insurance options and estimated costs for this?

 

If you are talking individual health insurance through the open market (if it survives!), I pay $290 per month in Illinois for a bronze plan which has a $6k deductible. It's solid, not great.

 

Through an employer's plan it will be cheaper. Your contribution will probably be between $100-200.

[Roel 7,193]

...Then why are you posting that when OP said she's coming on the K1 visa? It became confusing.

 

I understand your friend arrived on the tourist visa or visa waiver, got married and return to UK to go spouse route. That's a correct way.

But if the OP comes to the US on the K1 visa and get married, she CANNOT leave without proper documents. (ap, green card)

Edited February 25, 2017 by Roel

[Davidblunt 11]

40 minutes ago, Roel said:

He cannot return. Period. Why would he be able to? If he left the US without this travel permit, he will NOT be eligible to return to the US. On what grounds?  K1 is the one entry visa. If you leave the country without any documents that make you eligible for re-entry (either the green card or AP) then you will NOT be able to return.

 

Sorry. Your friends will need a spouse visa to be able to return to the US. Whole new, expensive, long process. It has been said MANY times on this forum - when you come on K1, do NOT leave the US without AP or Green Card.

 

edit to add quotes:

"

In theory, once you have gotten married and turned in your application for adjustment of status (a green card) to U.S. Citizenship and Immigration Services (USCIS), any departure from the United States automatically cancels that application. USCIS will regard you as having abandoned your efforts. However, if you obtain special permission -- called Advance Parole -- the application will not be cancelled while you are away.

Obtaining Advance Parole is usually fairly easy, though not guaranteed. Most applicants for adjustment of status simply include the form for it--Form I-131--along with their adjustment application, whether they plan on traveling or not. You need not pay any extra fee to include this application with your adjustment packet.

"

I do find the authority in your tone quite amusing.

 

Confidence to the point that you are definitively ruling on a case you know scant facts about... and you aren't even an immigration attorney.

[Roel 7,193]

And I find it amusing that you're giving the advice that doesn't fit OP's situation...

 

And it's a general knowledge that once you leave US without AP or Green Card (when coming on K1 visa) you can't return unless you get a spouse visa. You don't have to be an immigration attorney to know that, lol. And if you haven't notice, its a DIY website.

[yuna628 9,712]

OP: Once you come on a K1 and marry, you may leave the USA. The problem is that you will then be unable to return without proper documents (a spouse visa which takes up to a 1yr+).

 

Your only option to return to the UK when you have arrived and married using a K1: is to - file for AOS (with EAD/AP temp work and travel authorization). The temporary documents take typically 90 days to arrive, but as of now the USCIS can no longer guarantee that, and it may take significantly longer periods of time. There is also some language being floated around in the DHS under new orders being considered, which may change how temporary travel authorizations are given out as well.

 

Keep in mind that through AOS you are applying to live with your spouse and build your life with your spouse in America, not return to your home country. Green cards are for living in America. Also keep in mind that green cards can also take up to a year to arrive.

 

As for health insurance: everyone must obtain health insurance while living in America or pay a penalty in taxes. You may purchase health insurance based on marriage to your spouse (a change in status) by Obamacare (federal/state exchanges), by purchasing privately via any insurer that offers in your state, or if your spouse has insurance they can add you to their work plan as a spouse. Of course if you obtain a job in the US that offers insurance you can obtain it through there. Temporary insurances, short term insurances, and types of insurances marketed towards immigrants do not count in the eyes of the government, and the penalty will still apply. Also understand that when you leave the UK to live I the USA, you should file a tax form informing the government that you are leaving. UK residents who live in another country are somewhat penalized for a time from using the NHS if they ever should return these days with certain changes being made in the UK government. I understand the want to work, but you need to decide what country you need to be in and what visa process works best for you.