Leaving America?

[atg 0]

ok, my fiancee is in the process of getting a k1 visa to come to america, shes recieved her packet and will soon recieve her interview date. I was just wondering, if in the future like 2 or 3 years down the road we decided to move to japan what would her status be in America? Would she be allowed to return and not go through a k3 process? i know after you get green card its temporary for 2 years, but after that does anyone know if u can move away and come back later?? thanks in advance.

[meddykomp 0]

It depends on whether she stays in the US long enough to get citizenship and whether or not she actually does get that. If she gets US citizenship she can leave the US and come back as easily as you can. If she does not you will have to petition for IR-1 for her.

[KarenCee 3]

ok, my fiancee is in the process of getting a k1 visa to come to america, shes recieved her packet and will soon recieve her interview date. I was just wondering, if in the future like 2 or 3 years down the road we decided to move to japan what would her status be in America? Would she be allowed to return and not go through a k3 process? i know after you get green card its temporary for 2 years, but after that does anyone know if u can move away and come back later?? thanks in advance.

Some decide to do dual citizenship...i'm not sure if Japan allows that. As for her status, for her to become a citizen she would have to live here for 3 years after her AOS approval (I think). Have you asked this in the Regional Forum? Maybe someone there might have an answer for you.

[Amy and Brian 1]

I'm guessing that 2-3 years down the road she will still just be a permanent resident and not yet have been able to become a US Citizen. In that case, she can't just leave and live in another country without the chance that she'll be abandoning her permanent resident status. I, myself, am a former permanent resident (though not through the K-1 process) who lost my status because of prolonged absence from the country (among a few other things).

From USCIS (and thanks to aussiewench, who originally posted this info in a thread I started):

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns

So, basically, it seems (to me at least) the best idea would be to wait until your fiancee has been naturalized (if this is possible) to avoid any issues with maintaining her status.

[butuan 0]

ok, my fiancee is in the process of getting a k1 visa to come to america, shes recieved her packet and will soon recieve her interview date. I was just wondering, if in the future like 2 or 3 years down the road we decided to move to japan what would her status be in America? Would she be allowed to return and not go through a k3 process? i know after you get green card its temporary for 2 years, but after that does anyone know if u can move away and come back later?? thanks in advance.

FYI any US citizen in the military and sent overseas for duty is still considered to be living in the US, and so is there family if they move to be with them.

[Ladylethal 12]

That brings up another question. If I can´t get citizenship ´cus if I do that I loose my brazilian one (and I don´t want to), what happens if we move to Brasil for a while and then go back to US? I mean, after getting my green card is there something else down the road for me without losing my own citizenship?

[rockamandy 0]

That brings up another question. If I can´t get citizenship ´cus if I do that I loose my brazilian one (and I don´t want to), what happens if we move to Brasil for a while and then go back to US? I mean, after getting my green card is there something else down the road for me without losing my own citizenship?

how would brasil know you are also potentially a u.s. citizen (when the time comes)? i believe at least that for the u.k., unless you go to a specific government building and denounce your citizenship, you are always one - same with the u.s. people just carry two passports so that getting into either country is simple and always legal.

i could be wrong, but this is what i have previously read accounts of. i guess it's not so easy elsewhere...