Leaving country after spouse applies for green card?

[chocolatechai 1]

This is not directly about the visa itself, but I'm hoping somebody can help. For context, my fiancé (Spanish) and I (American) are currently in the midst of our K1 process. As of now, the NVC has sent our packet to the embassy in Madrid, but the embassy has not yet contacted him about setting up his interview. As soon as he gets here (probably January), we're going to have a courthouse wedding so we can file for his adjustment of status, with a more formal wedding celebration later in the year.

 

Meanwhile, I'm in the process of applying to PhD programs for fall of 2020, with the applications being due in December of 2019. Almost all of the programs are in the US, but I was considering applying to one in Canada. However, would this present problems for his green card? I know he has to be physically present in the US when he files the I-485, and I saw that if we travel internationally before his green card has been issued, we have to file a form requesting permission so his case doesn't get cancelled. How likely is it that his green card would be issued by September, presuming he applied in January? Also, even if his green card is issued on time, does it have any minimum residency requirements attached (i.e. would a move to Canada put his legal status in jeopardy)?

 

Canada allows work permits for spouses of internationals there on student visas, so I'm not worried about it from their end, only the American side. In any case, I'm not dead set on applying to this program, so if it could pose any danger to his green card I won't risk it. Thanks!

[designguy 1,179]

How long would you be going to Canada for. He will have Residency requirements to fulfill in the US. 

[Pitaya 2,577]

41 minutes ago, juliabean said:

This is not directly about the visa itself, but I'm hoping somebody can help. For context, my fiancé (Spanish) and I (American) are currently in the midst of our K1 process. As of now, the NVC has sent our packet to the embassy in Madrid, but the embassy has not yet contacted him about setting up his interview. As soon as he gets here (probably January), we're going to have a courthouse wedding so we can file for his adjustment of status, with a more formal wedding celebration later in the year.

 

Meanwhile, I'm in the process of applying to PhD programs for fall of 2020, with the applications being due in December of 2019. Almost all of the programs are in the US, but I was considering applying to one in Canada. However, would this present problems for his green card? I know he has to be physically present in the US when he files the I-485, and I saw that if we travel internationally before his green card has been issued, we have to file a form requesting permission so his case doesn't get cancelled. When you file for AOS (I-485, et al), you should also concurrently file for EAD/AP (I-765/I-131). If done in that manner, there are no fees associated with the EAD/AP apps filing. You can read up on EAD and AP applications. How likely is it that his green card would be issued by September, presuming he applied in January? Not very likely at all, AOS processing at this time is running at least 12 months or more. Review some forum pages for current details. Also, even if his green card is issued on time, does it have any minimum residency requirements attached (i.e. would a move to Canada put his legal status in jeopardy)? The purpose of a getting Legal Permanent Resident (LPR) status is to live in the US. I believe that there area specific number of days per year that he would have to reside in the US to maintain LPR status. Certainly there are others that can chime in with the specific residency requirements.

 

Canada allows work permits for spouses of internationals there on student visas, so I'm not worried about it from their end, only the American side. In any case, I'm not dead set on applying to this program, so if it could pose any danger to his green card I won't risk it. Thanks!

You ask some interesting questions. I am fairly certain that you will get a lot of opinions.

 

Regarding the current situation with USCIS. There are far too many variables in the current processing system that can halt, redirect, or sidetrack the processs, to even guesstimate when processes will be completed. Keep in mind that the bureaucrats don't give a rip about your life plans, ambitions or proposed time frames. You will comply with theirs, resistance is futile. I am not trying to rain on your parade, but we basically had to take three years out of our lives to devote to immigration issues. Also remember that all of this immigration work is not cheap, it seems that there are always fees for this or that, or costs for this or that.  Your plans are not unique, there seems to be a couple with similar plans every month or so posting about immigration hypotheses, review some prior posts in the What Visa Do I Need forum or here for previous ideas and accompanying responses. 

 

Good luck on your immigration journey. 

[Ryan H 3,812]

Moved from K1 Process & Procedures to Working & Traveling During US Immigration forum.

[SusieQQQ 11,586]

Yes,he will endanger his green card if he spends too long outside the US. How long is your course of study? If longer than a year he must get a re-entry permit (valid for 2years), but an absence that long has implications for when he can apply for naturalization. (He can only get this once he actually has his green card.)  Also note that he will need to be filing tax returns even while living and working elsewhere. The hassle involved imo means you should either stay in the US, or change your plans and only apply for his green card when you are due to move back to the US.

 

These official pages will give you more information (always a better idea to get the official source rather than “opinions” as someone upthread said)

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

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf