Questions regarding Traveling outside of the US after Marriage

[baze92 33]

Hi all,

 

My (Thai) fiance and I have considered living abroad half the year/majority of the year in the near future. Especially so, if Trump is re-elected. To be completely Frank, we aren't to interested in living in America the next 4 years if this were to happen.

1) At what point after we get married, are we able to safely travel outside the country? Is it not wise to do so until she gets her Green card? If so, can someone explain what the issues are here?

 

2) Additionally, would getting an advanced parole allow her/us to travel outside the United States before getting a green card? If so, when is it wise to apply for this and how long does it take? Are there any restrictions in how long we can leave the country?

 

3) Since Green card holders can only leave the country six months out of the year, does that mean there is no way for us to live abroad until she gets her citizenship? Which she can apply for 3 years after having the green card right?

 

Ideally, after getting married, we would like to stay in Thailand for a while and see what the situation is before deciding to move back. 

 

Thank you!

 

 

 

 

There really is a lot of unknowns right now but trying to plan ahead here.

 

[aaron2020 11,651]

What you want is impossible.  A green card holder is required to live in the US with trips abroad.  US citizenship requires continuous residency and physical presence in the US.

 

1.  It's safe to travel internationally after filing for AOS and once she gets her AP card.  If she leaves before getting her AP card, then she automatically abandons the AOS, and you would need to file for a spousal visa for her to come back to the US.  The spousal visa would tae 12-18 months.

 

2.  See #1.  It takes about 6-8 months on average.  It's recommended that she takes brief trips since she may need to attend an interview for her green card. 

3.  Review the residency and physical presence requirements for naturalization.  Having a green card for 3 years is only one of the requirements for naturalization.

 

Good luck.

[baze92 33]

Thanks for the info. Wow, 6-8 months for the AOS? I believe the green card takes around that time normally too right? Obviously not now because of Covid. I'm not sure what the point is if it takes nearly as long?

 

So from my understanding, we could still live in Thailand for 6 months out of the year when she has her green card, as long as our permanent residence is US?

[Crazy Cat 41,844]

1 hour ago, baze92 said:

Hi all,

 

My (Thai) fiance and I have considered living abroad half the year/majority of the year in the near future. Especially so, if Trump is re-elected. To be completely Frank, we aren't to interested in living in America the next 4 years if this were to happen.

1) At what point after we get married, are we able to safely travel outside the country? Is it not wise to do so until she gets her Green card? If so, can someone explain what the issues are here?

 

2) Additionally, would getting an advanced parole allow her/us to travel outside the United States before getting a green card? If so, when is it wise to apply for this and how long does it take? Are there any restrictions in how long we can leave the country?

 

3) Since Green card holders can only leave the country six months out of the year, does that mean there is no way for us to live abroad until she gets her citizenship? Which she can apply for 3 years after having the green card right?

 

Ideally, after getting married, we would like to stay in Thailand for a while and see what the situation is before deciding to move back. 

 

Thank you!

 

 

 

 

There really is a lot of unknowns right now but trying to plan ahead here.

 

My advice:  Move to Thailand, marry, and live there until you decide you want to live in the US.  Then apply for a spousal visa.  Spousal visa processing time is currently about 12-18 months pre-Covid. That's one option.....

A Green Card holder who  lives in the US only 6 months of every year could find themselves in hot water sooner  or later.

Edited June 13, 2020 by Lucky Cat

[baze92 33]

Thanks for the advice , but we are already in the process and should have our NOA2 any day now.

Also, I am not sure I want to commit to living in Thailand at this point.

Why would they be in hot water if it follows the rules (6 months out of the year). I'm sure there are many young couples who travel alot.

[Just Paul 4,595]

48 minutes ago, baze92 said:

I believe the green card takes around that time normally too right? Obviously not now because of Covid. I'm not sure what the point is if it takes nearly as long?

9 to 12 plus months or more for a GC depending on the field office.   USCIS is self funded and the previous administration never increased the fees to cover the cost. USCIS (the Immigration portion) is running out of money this month.  Add that potential shutdown to COVID and noone knows.

 

51 minutes ago, baze92 said:

So from my understanding, we could still live in Thailand for 6 months out of the year when she has her green card, as long as our permanent residence is US?

Less than 6, but then if you keep doing that she will never become a citizen. There are other options such as Re-Entry Permits and SB-1 visas but those are not a permanent solution.

[Just Paul 4,595]

1 minute ago, baze92 said:

Why would they be in hot water if it follows the rules (6 months out of the year). I'm sure there are many young couples who travel alot.

My wife is still quite young and all we did before immigrating to the US was travel and live outside the US.   We got here on a CR-1, she files ROC next month and will do citizenship after that.   We still do travel but only for a few weeks at a time.  She is working and getting her nursing degree.  After citizenship, I'm completely ready to go wherever she wants.   3 or 4 years in the US is a very small price to pay for citizenship.  You should compare what it takes for most other countries.

[baze92 33]

Just now, Paul & Mary said:

9 to 12 plus months or more for a GC depending on the field office.   USCIS is self funded and the previous administration never increased the fees to cover the cost. USCIS (the Immigration portion) is running out of money this month.  Add that potential shutdown to COVID and noone knows.

 

Less than 6, but then if you keep doing that she will never become a citizen. There are other options such as Re-Entry Permits and SB-1 visas but those are not a permanent solution.

Wow yea, absolute no idea what would happen regarding green card if the shut down. Just live in limbo?

Dang..What is the point of the 6 month rule, if one follows it, and it prevents them from getting citizenship? What would be your suggestion for a couple who travels a lot/ lives the nomad type lifestyle?

 

We have been under the impression that we can be out of the country for 6/12 months each year which is doable for us. If we have to stay in the country for 3 years straight without leaving, we will have to rethink things.

[baze92 33]

Are you able to share any links online that talk about being out of the country for up to 6 months out of the year and how it affects Citizenship qualification? I would like to read about this more.

It seems like that if you can prove that you live a nomad type lifestyle, there would be exceptions. If not, I would hope this changes soon because there are thousands of international couples that travel the world for work. If they were to get married, then it would prevent them from continuing their work.

[Crazy Cat 41,844]

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

[Just Paul 4,595]

3 minutes ago, baze92 said:

Dang..What is the point of the 6 month rule, if one follows it, and it prevents them from getting citizenship? What would be your suggestion for a couple who travels a lot/ lives the nomad type lifestyle?

Trips under 6 months are usually not questioned for residency (and getting a 10 year green card). . . but if you keep doing it then expect questions when it comes to citizenship.   There is no "safe" amount of time to be out of the US when it comes to citizenship.  People that are stuck outside the US right now because of COVID are now having to recalculate their timelines.

 

5 minutes ago, baze92 said:

If we have to stay in the country for 3 years straight without leaving, we will have to rethink things.

It isn't you can't travel it is that she needs to 1) maintain residency and 2) prevent issues at citizenship.  You can still travel - we do.  But we keep a spreadsheet of out travels in part because the US has no exit control and we sometimes fly out of Mexico.  The longest trip she has done in the 21 months since immigrating is 2 weeks.

 

Immigration law doesn't address a nomadic lifestyle.

 

Figuring this out makes US tax law look easy.

[baze92 33]

@Lucky Cat Yes, but this is over 6 months out of the year. I am talking about being abroad for UNDER 6 months a year

[Lucky2Lucky 2,526]

13 minutes ago, baze92 said:

Wow yea, absolute no idea what would happen regarding green card if the shut down. Just live in limbo?

Dang..What is the point of the 6 month rule, if one follows it, and it prevents them from getting citizenship? What would be your suggestion for a couple who travels a lot/ lives the nomad type lifestyle?

 

We have been under the impression that we can be out of the country for 6/12 months each year which is doable for us. If we have to stay in the country for 3 years straight without leaving, we will have to rethink things.

Wait until both are US citizens or forgo obtaining US residency until you are ready to settle down...pretty simple- you can’t have your cake and eat it too. 
 

No one said you have to stay in the US for 3 years straight; wherever you obtained that info is incorrect. Look at the requirements to become a US citizen and you will see being out of the country for 6.5 months a year she will never meet the continuous residency requirement. 
 

You can chance staying outside the US for 6.5 months every year but then you’d also have to chance your wife’s green cats taken away, going in front if an immigration judge and having removal proceedings against her.

[baze92 33]

@Luckycuds Yea I understand. But you are saying 6.5 months. I never said over 6 months.

Honestly, we never plan to "settle" down. At least until we are much, much older. We are in our mid 20s. 

 

It's a shame for couples that live the digital nomad lifestyle. From my understanding, there is literally no way to do that if you want to obtain citizenship. 

 

With that being said, do you think there is any issue with just continuing to travel under 6 months every year and she would just continue living on her green card? Perhaps we would still have a shot being approved for her citizenship. As long as we are not going over 6 months, I don't think there is any negative consequences for us (outside of not getting citizenship)?

I know the answer might be to just push off the US marriage until we "settle down" but with our lifestlye that won't happen anytime soon and we do not want to keep pushing back the marriage. 

[Just Paul 4,595]

Here is the link for Naturalization:

 

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization