Studying abroad whilst on Green Card

[MrWorldwide 6]

Hi everyone!

 

So I have an approved K-1 visa and am moving to USA this summer (from Scotland). My fiance and I are a bit unsure as to if and how our plans thereafter may work. Let me explain.

 

So I am just completing my Undergrad degree here in Scotland then immediately moving over. By the looks of things, I will do well and my professor is keen for me to do a PhD over here, which I would rather do here than USA because it takes far longer/is more expensive to do in USA. So my plan was to spend the next year living in USA, during which I will apply and hopefully be accepted onto a program over here for academic year september 2018. In this scenario, my wife would come over to live here with me for that time on a UK spouse visa. We know that part is relatively easy but are super unsure about how it works for me as a conditional Green Card holder. 

 

Questions: 

Is this possible?

How would such a plan impact my ability to apply for permanent status? 

How do re-entry permits work? Would I need to apply for them if I was planning multiple long-duration trips to the US?

 

N.B. We intend on maintaining all necessary ties to the US; such as bank accounts, tax returns, driving licences, house, and we plan on spending X months per year in USA each year anyway. 

 

Any advice is appreciated. Thanks in advance!

 

Edit: I forgot to mention, the PhD would be 3 years long

Edited April 3, 2017 by MrWorldwide

[yuna628 9,660]

22 minutes ago, MrWorldwide said:

Hi everyone!

 

So I have an approved K-1 visa and am moving to USA this summer (from Scotland). My fiance and I are a bit unsure as to if and how our plans thereafter may work. Let me explain.

 

So I am just completing my Undergrad degree here in Scotland then immediately moving over. By the looks of things, I will do well and my professor is keen for me to do a PhD over here, which I would rather do here than USA because it takes far longer/is more expensive to do in USA. So my plan was to spend the next year living in USA, during which I will apply and hopefully be accepted onto a program over here for academic year september 2018. In this scenario, my wife would come over to live here with me for that time on a UK spouse visa. We know that part is relatively easy but are super unsure about how it works for me as a conditional Green Card holder. 

 

Questions: 

Is this possible?

How would such a plan impact my ability to apply for permanent status? 

How do re-entry permits work? Would I need to apply for them if I was planning multiple long-duration trips to the US?

 

N.B. We intend on maintaining all necessary ties to the US; such as bank accounts, tax returns, driving licences, house, and we plan on spending X months per year in USA each year anyway. 

 

Any advice is appreciated. Thanks in advance!

 

Edit: I forgot to mention, the PhD would be 3 years long

Here's the thing - green cards are for living in the US. If you are not living in the US then you effectively abandon your green card, which pretty much destroys the process you started. Furthermore, this doesn't even address the immigration aspect from the UK side of things. You cannot just move with your US wife to the UK without going through their own process, of which you would need to ensure you meet their own work and income requirements so that you can get her to the UK in the first place and then maintain her ability to be there (which is an extremely multi-level lengthy-multi-years worth of process to get through). US citizens have no freedom of movement in the UK as they are non-EEAs. My advice may not be what you are looking for... but - you need to pick what country you want to live in and complete that side's immigration process before moving onto the next. This is further complicated by your academic choice to go for a PhD. My husband also considered it, but eventually decided not to as it would mean many more years being separated.

 

Your only other additional option is to marry on the K1, and leave the US after the 90 days are up. Complete your PhD abroad, and have your wife file for a spousal visa when the time comes for you to re-enter the US. Or as you say, if you have the time and money to bring your wife over to the UK, do so and complete that process first.... otherwise obtaining a green card now is going to be an utter waste of time and money. Or make a go of it stateside, and complete your PhD there.

 

PS: if you leave the US without filing for AOS  with (EAD + AP) you cannot return. EAD can take over 90 days to arrive. The green card will most likely take up to a year. By the time you were still planning to be in the UK with your wife you'd need to file for ROC... as you can see this process will run into conflict with your plan.

Edited April 3, 2017 by yuna628

[Love_A_Brit 33]

If you move over here this summer, you may not even have a conditional green card by the time you're ready to leave for school.  Check the processing times for your area, but also know that it's not necessarily a quick process.  I guess the big question is why not just stay there and have your fiancee move to be with you?  You can work out the USA part once you are done with your PhD program, assuming you still want to.  Someone please correct me if I'm wrong, but I thought the whole point of the K-1 visa and subsequent AOS was to reside in the USA.  By moving back so quickly, you're not demonstrating any real intent to do that. 

Edited April 3, 2017 by Love_A_Brit

[MrWorldwide 6]

Thanks for your answers!

 

This is all hypothetical. But basically, I don't know that I will get onto a PhD program, and priority No. 1 is being with my fiance and residing in the US together. My situation is just slightly complicated by the fact that sometime during that entire process, the opportunity of a PhD was presented and so I am considering all options. 

I think the most realistic option by the looks of it is to study in the US instead. But in searches on the web, I have came across individuals who have managed to do similar to what I am talking about, albeit a hassling process, so I would be interested to see if there is any way around this whatsoever. 

[MiaTher 73]

As far as I know re-entry permits are for when a GC holder plans to be out of the US for over six months and up to a year or longer.  However, it is entirely up to the immigration officer at the POE to allow you back in, so in that circumstance it's a 50/50 chance.  I won't say that it's 100% impossible to do, as I've read about many people who manage to stay out of the country for a year and come back in with no problem, and I personally knew a family friend who spent about a year and a half outside the US and was able to come back, BUT this is anecdotal and it doesn't happen like that in all cases. Not to mention that if you ever plan on becoming a citizen, staying out of the US for long periods of time restarts the clock every time you leave and it would take you longer to qualify and apply for citizenship. 

 

I agree with the other commenters, and personally I would say your options are to a).Take your wife to the U.K. with you

b).Do the AOS process and wait until you become a citizen so you can then have the freedom of staying in the U.K. for as long as you need to

c).Do your PhD here, or

d).Marry and go back to the U.K. and have your wife file for the spouse visa when you are done with your studies. 

 

So yes technically you could stay for about a year or almost a year outside the country while on a GC and if you obtain a re-entry permit first, but you would do so at your own risk, and if they decide to revoke your GC at any point while trying to re-enter you'd have to do the process all over again, risking a denial the second time around. 

[MiaTher 73]

Further info on the USCIS website:

 

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

Edited April 3, 2017 by MiaTher

[BBCC 16]

On 4/3/2017 at 11:12 AM, MrWorldwide said:

Thanks for your answers!

 

This is all hypothetical. But basically, I don't know that I will get onto a PhD program, and priority No. 1 is being with my fiance and residing in the US together. My situation is just slightly complicated by the fact that sometime during that entire process, the opportunity of a PhD was presented and so I am considering all options. 

I think the most realistic option by the looks of it is to study in the US instead. But in searches on the web, I have came across individuals who have managed to do similar to what I am talking about, albeit a hassling process, so I would be interested to see if there is any way around this whatsoever. 

 

As others have posted, a re-entry permit is required for absences longer than one year.  If you are gone longer than six months but less than one year, it is a good idea to have one but you can still enter without it (the border officer will probably just remind you of needing one for absences longer than one year).  As you have already probably read, the permit is good for two years.  You also need to be physically present for the biometric appointment (fingerprints, photo at a USCIS office) once the app is initially approved.  So based on all of this, I would recommend that you want to get a re-enry permit valid from June or July.  That way, your green card would be preserved for two years until the academic summer recess two years later.  Then you would need to return to the US for that summer and begin the application process for a new re-entry permit.  Handling the re-entry permit applications at these times would not impact any academic residency requirements at your university (you're off handling the re-entry permit during university recess).  Just a thought.

Edited May 2, 2017 by BBCC