Marry, live in US, then move abroad

[Moon&Stars 172]

Hi all - I have been working diligently on putting together the K-1 visa packet and was about ready to send off the I-129f when I made a discovery. It's made me question if this is the right visa for my fiance to enter the US on. 

 

We would like to spend our first 1-2 years of marriage in the US and then move abroad. The ideal situation would be for us to be able return to the US for visits when we live abroad, but not have to go through a visa application process for him each time we want to visit. We may even want to retire here, but that's a long way off.

 

Will the desire to move abroad after a couple of years negate us from meeting residency requirements and thus end up making this whole process expensive and useless for our long-term goal? Should we be going about this a different way so we can accomplish being married, living in the US for 1-2 years and then moving abroad with the ability to visit?

[JDP91 118]

As long as your spouse is on a green card and is not a citizen, being abroad for more than six months out of the year will jeopardize their status. You can file for naturalization after three years, but that’s a little longer than your timeline. 

 

[databit 328]

Remember that only a citizen has the absolute right to re-enter the US. We saw green card holders being denied readmittance only a few months ago, and the future is always uncertain. 

[Moon&Stars 172]

So it won't matter what visa route we take as no matter what we do, we would have to meet residency requirements, correct?

[payxibka 10,047]

6 minutes ago, Moon&Stars said:

So it won't matter what visa route we take as no matter what we do, we would have to meet residency requirements, correct?

Green Card means you are a RESIDENT of the USA

[cyclone27 710]

Extend your plans in US and once u become citizen come and go as you please.

[SusieQQQ 11,587]

1 hour ago, Moon&Stars said:

So it won't matter what visa route we take as no matter what we do, we would have to meet residency requirements, correct?

Yes -  your options are basically 

1. Stay 3 years, spouse becomes a citizen, you are both free to come and go thereafter 

2. Get green card, live in US a while, apply for re-entry permit to protect green card when you leave US again. Valid for 2 years at a time but total max validity 5 years. Makes sense if you want to move back in a 5-year or less timeframe after you leave, but if you stay away longer than that your spouse will lose his green card.  Have to be physically in US for initial and renewal applications. Time abroad in excess of 6 months also breaks continuous residence for naturalization so eventual citizenship would be a long way away for spouse. Basically a very messy option all round.

3. Get green card at some later stage and abandon idea of first living in US.

4. Get green card, live there, abandon green card when leave, reapply for one when move back eventually. 

 

 

 

 

Edited February 4, 2018 by SusieQQQ

[Ryan H 3,819]

Moved from What Visa Do I need - Family Based Immigration forum to Working & Traveling During US Immigration forum.