Questions regarding Traveling outside of the US after Marriage

[baze92 33]

@Paul & Mary Thanks! But I still don't see anything about traveling abroad (for a couple of months) affecting citizenship. 

I will try to find some couple's who have been through this

[Lucky2Lucky 2,526]

6 minutes ago, baze92 said:

@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. 

Apologies I swore I read “6.5 months”.

 

I understand your want to travel- I really do. Unfortunately it’s not that easy for a LPR to “freely” leave whenever. Remember a greencard is not a glorified tourist visa- it’s for someone whose primary residency is the US. So even if you want to travel every 6 months- you are equally a “resident” in some other place in the world as you would be in the US, do you see what I mean? Maintaining residency is not just about an address you can list on a document but holding a job, keeping a bank account, paying taxes, etc. As noted by a previous poster there is a continuous residency requirement that must be met to apply for citizenship. Citizenship and residency may not be for everyone. Maybe it isn’t your time yet if you guys want a nomad lifestyle? I see you are almost done with the k1- you guys can follow through, marry, obtain AP or conditional greencard and follow the requirements or if you think you both wouldn’t be happy she can always give up her greencard and when the time comes for you guys to settle in the US apply for a CR1/IR1 (spousal visa).

Remember only a US citizen is “guaranteed” entry to the US and I would think you guys wouldn’t want to chance it with many lengthy international trips. I don’t think anyone could guarantee there wouldn’t be an issue (other than obtaining citizenship) as that is up to the CO discretion upon entry back to the US. If you DO plan on leaving the US for a year you can file for and obtain a recently permit PRIOR to leaving- this would show you aren’t abandoning your GC.

 

14 minutes ago, baze92 said:

[baze92 33]

Thanks for the tips. It's an unfortunate situation for us, because if we forego the marriage, we constantly have to leave each other, until allowed back into each others countries. Unless we traveled constantly of course.

 

But every time I would want to come back into the US, she wouldn't be allowed in. 

 

That is just so stupid, if she is legally married to me and has her green card, that the immigration officer could choose to not let her in. That is beyond frustrating. 

 

I suppose I will have to look into the pros and cons of getting married in Thailand and living there instead. Even with that, we still face issues with being separated and having to abide by Thai rules.

I suppose this is why Nomad couples are never married  Perhaps it's time USCIS re-looks at this. Times are changing.

 

At the very least (if Covid is better), we plan to at least stay abroad for a few months after she is granted her k1 visa (since she is allowed up to 6 months to enter the US after getting it). Unless there is some issue with that as well I am unaware of.
 

[Crazy Cat 41,844]

6 minutes ago, baze92 said:

(since she is allowed up to 6 months to enter the US after getting it). Unless there is some issue with that as well I am unaware of.

She will have to enter before 6 months after her medical exam.......not from the time the visa is issued.......the medical exam is valid for 6 months....so the visa expiration is limited by the medical exam.

 

My wife only had 4 months to enter.

Edited June 13, 2020 by Lucky Cat

[baze92 33]

According to this link , it states: "While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence."

I completely understand the potential risks of travelling abroad, but based on what I read here, as long as we still have our home, mailing address, driver's license, business in US, it seems we have more than enough proof.

[HRQX 4,145]

1 hour ago, Luckycuds said:

Remember only a US citizen is “guaranteed” entry to the US

Note the complete list is:

• US nationals (i.e. US citizens, American Samoans, Swains Islanders, and CNMI individuals that chose not to get US citizenship); and
• American Indians born in Canada (with at least 50% American Indian blood)

1 hour ago, baze92 said:

It's a shame for couples that live the digital nomad lifestyle. 

Have you considered also living temporarily in Hawaii, Guam, etc. in addition to your current (California?) residence?

Edited June 14, 2020 by HRQX

[baze92 33]

@HRQX What would be the reason for living in Hawaii?

[HRQX 4,145]

11 minutes ago, baze92 said:

@HRQX What would be the reason for living in Hawaii?

Just the general difference to the continental US. I.e. the extremely casual way of life there.

Edited June 14, 2020 by HRQX

[baze92 33]

Would love to hear from a couple who traveled 3-5 months a year who now has citizenship (for the foreign spouse).

[baze92 33]

@Paul & MaryDo you know if the travel rules are as strict for regular green card holders (non spousal)? Where they can travel 6 months a year.

 

 

[Loren Y 2,755]

I am doing the exact thing you are trying to do, and am a little farther along then you. You will have to tough it out in the US for probably about 4 years. My wife and I did the K1, she arrived here and we did AOS. She now has her green card and is racking up days towards citizenship. We will remove conditions, then apply for her citizenship, and once she gets naturalization then we are gone for good. I am all about living in Thailand, can't wait to blow the United States and never come back. We have property in Thailand ( I advised you to get that as soon as possible, land is getting more expensive every year) buy the land now, and then build a house when you are ready to live there permanently. I have already registered my marriage in Thailand ( I can help you with that, you can do most of it from here, and finalize it on a trip there, it's a fun process) I have a multi entry spousal visa for now, Thai drivers license ( car and motorbike) Thai bank accounts, etc. I have looked into every way possible to accomplish what you want. The way you are planning is going to take 4-5 years total of time I'm the US mostly, you can visit Thailand for a few months a year, but then you lose days towards naturalization. Get her US citizenship first, then move to Thailand and get your Thai citizenship. It takes about the same time and like here you need to live there continuously for 3 years before you apply there also.

One big difference is I'm in my late 40's, and can retire in about 5 years is the plan, so I have that. 

My Thai wife is on the same page as me, and she is good living here for now, earning money, racking up earning quarter's so she can qualify for social security after about 10 years working here in the US. 

If you want to live the nomadic lifestyle, do that now then settle down later. Of course she might not be able to get citizenship in 10 years from now, so you have to consider that. Since you already started the process, best bet is to see if thru, but know that you are about 5-6 years from getting what you want. It's worth it in the long run, but you are going to have to tough it out for now, or abandon the K1 and go live abroad until you are ready to settle down. But, know Thailand has cracked down on people living there without the proper Visa's and things, and visa runs every few months isn't going to cut it if you want to live there anymore. If you want out of the US sooner, move there, get married, get your Thai citizenship, then come back and let your wife work on her US citizenship. There is no fast way for either one to happen. Process for Thailand and here is about the same. For you both to obtain dual citizenship ( that's our plan) will take about 5 years in each other's contry continuously. Either do it now or later, but it's a long road.

 

You can do this and live in Thailand for a few months at a time while working on citizenship, but then it just takes longer to get US citizenship, but if you want to travel for a few months a year out of the US while she has greencard that is possible with no real issues. Just do 2.5 to 3 months, then come back to the US for 6-7 months, then leave again for 2.5-3 months. I thought about this, but decided it's easier just to stay in the US until she has citizenship.

Edited June 14, 2020 by Loren Y

[HRQX 4,145]

15 minutes ago, Loren Y said:

racking up earning quarter's so she can qualify for social security after about 10 years working here in the US.

She can also count your SSA quarters that you earned after marriage date if she remains married to you: https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135

"For purposes of establishing the SSI eligibility of a LAPR, a QQ is a QQ earned by:

• The LAPR alien himself/herself; and/or
• a parent(s) (as defined in SI 00501.010A.2. and verified per SI 00502.140D.2.a., but with no requirement of living in the same household except in holding-out relationships, as defined in SI 00501.152 and developed per SI 00502.145B.3.) in periods in which the alien was under age 18; and /or
• a spouse(s) (as defined in SI 00501.150B.1. and developed per SI 00502.145) during their marriage if the marriage continues or the spouse is deceased."

Edited June 14, 2020 by HRQX

[Loren Y 2,755]

2 minutes ago, HRQX said:

She can also count your SSA quarters that you earned after marriage date if she remains married to you: https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135

"For purposes of establishing the SSI eligibility of a LAPR, a QQ is a QQ earned by:

• The LAPR alien himself/herself; and/or
• a parent(s) (as defined in SI 00501.010A.2. and verified per SI 00502.140D.2.a., but with no requirement of living in the same household except in holding-out relationships, as defined in SI 00501.152 and developed per SI 00502.145B.3.) in periods in which the alien was under age 18; and /or
• a spouse(s) (as defined in SI 00501.150B.1. and developed per SI 00502.145) during their marriage if the marriage continues or the spouse is deceased."

Yes, I saw that, but didn't look into it that much, but thanks for the info, because I had heard that my quarters help her earn towards the SS eligibility. Honestly that was something I was going to look at in a few years, but thanks again, now I know.

[baze92 33]

Hey @Loren Y Great info. Really appreciate it! 

1) I was unaware you need a certain amount of days to get naturalization? I thought it was just 3 years after having a green card? In this scenario, are you saying it doesn't matter if you travel abroad for 5 months each year while on a green card...but that it just delays naturalization? Do you have any sources you can share on this?

2) So what is the point for getting her US citizenship if you are going to permanently live in Thailand? Especially if you don't want to be in the states right now? Why go through all that?

 

3) Regarding Thai citizenship, I have read it's nearly impossible for foreigners to get and only a handful a year get it (mostly foreign women marrying Thai men). Additionally, I believe you have to run a business there or work for a Thai company for 5 years. Do you plan to do that? (I definitely do not want to do that). Please fill me in what I am missing here!

 

4) If she needs 10 years of work in US for SS, how do you plan to make that work if you guys are leaving after 5 years?

 

5) Why would she not be able to obtain citizenship in 10 years?

 

Thanks again and look forward to chatting. I certainly would like to become a Thai Citizen if possible and we plan to buy land soon

 

[baze92 33]

8 minutes ago, HRQX said:

She can also count your SSA quarters that you earned after marriage date if she remains married to you: https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135

"For purposes of establishing the SSI eligibility of a LAPR, a QQ is a QQ earned by:

• The LAPR alien himself/herself; and/or
• a parent(s) (as defined in SI 00501.010A.2. and verified per SI 00502.140D.2.a., but with no requirement of living in the same household except in holding-out relationships, as defined in SI 00501.152 and developed per SI 00502.145B.3.) in periods in which the alien was under age 18; and /or
• a spouse(s) (as defined in SI 00501.150B.1. and developed per SI 00502.145) during their marriage if the marriage continues or the spouse is deceased."

Is this basically saying she will earn SS based on my income, even if she doesnt work?