Leaving U.S. after marriage

[USA-Turk 0]

Hi all,

We've just sent in our I-129 last week. I had a question about what happens if we want to move back to Turkey in a couple of years.

When our K-1 is approved and Sansal arrives here, he plans to begin work immediately, and to file for his AOS, etc. etc. as if we were going to live here for the rest of our lives. However, we would both like to move to Istanbul in a couple of years when I'm in remission from cancer. After we get bored with Istanbul, we may come back to the U.S. And no matter where we live, we plan to travel frequently to the other person's home country.

Since we may not be in the U.S. long enough for Sansal to get permanent residency, much less citizenship, I was wondering if this will cause a lot of problems in the future.

For instance... will we have to apply for a K-3 every time we move back to the U.S.? When we are living in Turkey and want to visit the U.S. for a vacation, will Sansal have to apply for a visa, just like any other Turkish guy, with the same chance of rejection? If so, what is the amount of time we would have to live in the U.S. for Sansal to be able to come and go as if he were an American?

Also, if it takes 6 years before he can apply for U.S. citizenship, do those 6 years all have to be spent in the U.S.... or does he just need to be married to an American for 6 years?

Thanks,

Sharon & Sansal

[athena_ny 1]

Hi all,

We've just sent in our I-129 last week. I had a question about what happens if we want to move back to Turkey in a couple of years.

When our K-1 is approved and Sansal arrives here, he plans to begin work immediately, and to file for his AOS, etc. etc. as if we were going to live here for the rest of our lives. However, we would both like to move to Istanbul in a couple of years when I'm in remission from cancer. After we get bored with Istanbul, we may come back to the U.S. And no matter where we live, we plan to travel frequently to the other person's home country.

Since we may not be in the U.S. long enough for Sansal to get permanent residency, much less citizenship, I was wondering if this will cause a lot of problems in the future.

For instance... will we have to apply for a K-3 every time we move back to the U.S.? When we are living in Turkey and want to visit the U.S. for a vacation, will Sansal have to apply for a visa, just like any other Turkish guy, with the same chance of rejection? If so, what is the amount of time we would have to live in the U.S. for Sansal to be able to come and go as if he were an American?

Also, if it takes 6 years before he can apply for U.S. citizenship, do those 6 years all have to be spent in the U.S.... or does he just need to be married to an American for 6 years?

Thanks,

Sharon & Sansal

If there is no permanent residency, a K3 will be required everytime you are coming back to the US to live. To visit, a tourist visa would be required. To come an go as an American, he really needs citizenship. If there is no re entry permit and you are out of the country for I believe a year, his residency would no longer be valid. Re entry permits allow admission so that the green card does not become void, but even with one you cannot leave for 5 years and come back and still have your residency. I don't remember what the exact time is, though.

As for the citizenship, most of that time needs to be spent in the US - I believe domicile is something they look at - he can't get his residency and leave and come back to apply for citizenship - and being married to an American doesn't cut it all by itself. For sure, you can take vacations, even extended if you want to, but main residence needs to be in America - otherwise, what would you need residency for?

[Nanusia & Lukaszek 0]

However, we would both like to move to Istanbul in a couple of years when I'm in remission from cancer. After we get bored with Istanbul, we may come back to the U.S. And no matter where we live, we plan to travel frequently to the other person's home country.

Just hang in the US until he gets his 10yr green card (2yrs after AOS). Since you mention couple of years, hopefully you can stay for at least 3, to get this process done.

With the 10yr GC he can come & go as you like. Otherwise your husband would need a tourist visa each time to visit the US (which in Turkey is pretty darn hard.) If you did a K3 each time, you'd get rejected. The point of a K3 is to settle permanently in the US which would not be your goal. And since you'd be living abroad, I believe you'd need a co-sponsor in the US (not 100% sure on this part)

Good luck with your treatment, hope you are well ASAP!

[Dan J 277]

However, we would both like to move to Istanbul in a couple of years when I'm in remission from cancer. After we get bored with Istanbul, we may come back to the U.S. And no matter where we live, we plan to travel frequently to the other person's home country.

Just hang in the US until he gets his 10yr green card (2yrs after AOS). Since you mention couple of years, hopefully you can stay for at least 3, to get this process done.

With the 10yr GC he can come & go as you like. Otherwise your husband would need a tourist visa each time to visit the US (which in Turkey is pretty darn hard.) If you did a K3 each time, you'd get rejected. The point of a K3 is to settle permanently in the US which would not be your goal. And since you'd be living abroad, I believe you'd need a co-sponsor in the US (not 100% sure on this part)

Good luck with your treatment, hope you are well ASAP!

Not quite, If you stay out of the country for more than a year, you need to apply for reentry. Stay out of the country significantly longer and you may loose your PR status. Only a citizen has the flexibility to come and go and stay out of the country for as long as they want.

[USA-Turk 0]

Hi everybody,

Thanks for the great info!

I guess we'll stay here for 3 years, and get the 10 yr. green card. Then when we do go to Turkey, we'll make sure to come back to the U.S. at least once a year. That should hopefully work out...

Thanks,

Sharon & Sansal

[Ladylethal 12]

Actually, if you do that, living abroad and entering US just to validate the max of a year requirement you can still lose your PR, 'cus it can be established you do not actually live in US, since you're spending more time outside of the country.

If you two plan on living in Turkey, why do an immigration process to the US in the first place?

[athena_ny 1]

Actually, if you do that, living abroad and entering US just to validate the max of a year requirement you can still lose your PR, 'cus it can be established you do not actually live in US, since you're spending more time outside of the country.

If you two plan on living in Turkey, why do an immigration process to the US in the first place?

[john_and_marlene 162]

Any amount of time outside the U.S., even periods of less than 6 months, can cause a loss of residence. If you make your domicile and are employed outside of the U.S., it can be considered an abandonment of U.S. permanent residence.

[USA-Turk 0]

If you two plan on living in Turkey, why do an immigration process to the US in the first place?

Hi,

We had originally planned for me to move to Turkey until I found out in April that I had breast cancer.

I'm right in the middle of chemo now and totally bald. I have to keep my U.S. job and insurance for a couple more years... because if the cancer does return, it often does so the first two years.

So for now, Sansal will be moving here. After 2-3 years in remission (leaning towards 3 after this thread!), we hope to find jobs in Turkey with insurance that covers a pre-existing condition. If we can't get insurance there through our jobs, we'll need to work a couple years in the U.S. to save up enough money to buy private insurance once we get to Turkey.

Sharon