International Teacher Wife-Moving In and Out of the Country

[Nicole92 0]

Hello,

I am from South Korea and my spouse is from the states. Back in 2016 we applied for my i130 and i1485 in Houston Texas without the help of a lawyer. I was adamant about doing things on our own but our case was complicated. I came in on an ESTA and we married shortly after. Following this, I had a brief run-in with the law (possession of synthetic drugs) but I wasn't convicted and the case was dismissed. In the meantime, my case in Houston took forever, and like many people in Houston after Hurrican Harvey, our case was pushed back. After a while of waiting for my wife and I decided to move and teach abroad and earn some extra cash while we waited for our interview. Luckily (or unluckily) we got our interview the day we were to leave for her teaching assignment and the officer said she needed further evidence to approve our case. At that time I had applied to be out on parole and use my mother in laws address to use as an address in the U.S. As a result our case was moved to the Detroit office and we have another interview next month. However, we have no bills at my mothers house to show join union, we only have Visa's from our current host country (China) that shows we are both living there together. I know we should seriously consider looking into a lawyer however, I wanted to just ask and see if there was any chance of approval.

[Roel 7,193]

How long are you planning on living in China? I mean.. what's the point of the whole process if you dont plan on living in the US? I understand how USCIS has troubles approving your case. 

[Roel 7,193]

Also please dont post the same thing on different forums.. 

[Nicole92 0]

4 minutes ago, Roel said:

How long are you planning on living in China? I mean.. what's the point of the whole process if you dont plan on living in the US? I understand how USCIS has troubles approving your case. 

I think another year. We were told originally in Houston that our case could take YEARS because they were so backed up. Luckily, when the case was moved to Detroit, they responded sooner than later.

3 minutes ago, Roel said:

Also please dont post the same thing on different forums.. 

Apologies. Will delete. Thank you for your response.

[Roel 7,193]

Well not sure how you're planning on doing it but you cant just live and work in another country for a year with a green card. 

 

If you want to go that route you need a reentry permit and you need to acquire it within the US before you leave. Otherwise you risk losing the green card that you just got... 

[Boiler 46,252]

! would imagine the drug issue could be interesting, reason to believe is all they need.

[SusieQQQ 11,587]

If you are not currently living in the US you don’t qualify for AOS. How long have you been living abroad for?

 

[SusieQQQ 11,587]

Duplicate thread. I still don't see how you can AOS when you’re not living in the US, and have not been for a couple of years(?). 

[USS_Voyager 1,972]

Yeah, you can't do AOS if you're not in the US. You have to go the Consular route to get an immigrant visa. 

[Ryan H 3,834]

***Duplicate threads merged; do not start multiple threads asking the exact same question.***