Moving

[diffuzi0n 0]

What happens if I have to move because of my work to another country while I wait for me petition to get approved? I read that once a person comes to the US with K1 visa he or she cannot leave the country. I waited long enough to come to the US now I have to wait till her paperwork is done so she can come with me to my new location????

[~Laura and Nick~ 5]

Hi

Has she entered the States yet?

How long are you planning on working outside the States?

Once she enters the States, you have 90 days to get married.

If you leave with her before you file for AOS, she is abandoning the process and if in the future you would like to come back to the States with her, you'll have to start all over with a K3/CR-1 spousal visa.

Also....if you decide to stick it out in the States and she files for Adjustment of Status, she receives her Green Card and then abruptly leaves and moves to another country....depending on how long she lives out of the States, its also viewed as abandoning and her Green Card would be void.

I don't know the exact amount of time before this happens...I believe it's a year. I'm sure someone knows for sure the length.

Also...What country are you planning on working in? You have the ability to go there through work but what about your fiance? She will have to apply for a visa for that country to be able to live there with you...unless that's covered under your work. If you are married by that time I believe she is covered but before then, I'm not sure.

Touch situation!!!

Best of luck to you

Edited January 22, 2008 by ~Laura and Nick~

[diffuzi0n 0]

Hi

Has she entered the States yet?

How long are you planning on working outside the States?

Once she enters the States, you have 90 days to get married.

If you leave with her before you file for AOS, she is abandoning the process and if in the future you would like to come back to the States with her, you'll have to start all over with a K3/CR-1 spousal visa.

Also....if you decide to stick it out in the States and she files for Adjustment of Status, she receives her Green Card and then abruptly leaves and moves to another country....depending on how long she lives out of the States, its also viewed as abandoning and her Green Card would be void.

I don't know the exact amount of time before this happens...I believe it's a year. I'm sure someone knows for sure the length.

Also...What country are you planning on working in? You have the ability to go there through work but what about your fiance? She will have to apply for a visa for that country to be able to live there with you...unless that's covered under your work. If you are married by that time I believe she is covered but before then, I'm not sure.

Touch situation!!!

Best of luck to you

Thanks for your wisdom. I may have to move to middle east. She has not arrived yet in the US. So i am thinknig of waiting it out and get married and I am sure that we would be comign back here for all of the holidays and she will be able to keep her green card. However, while i am waiting for the adjustment of status, will she be able to travel?

[~Laura and Nick~ 5]

So, she enters the States, you get married and apply for AOS. At the same time you apply for AOS, you apply for Advanced Parole which usually takes about 3 months to get. Once she receives her AP document, she can travel outside the U.S. If she does not have this document, she will not be allowed entry back into the U.S. and in order to be allowed back in to stay, she'll need a spousal visa.

Best of luck to you!!!!

Edited January 22, 2008 by ~Laura and Nick~

[Minya's wife 24]

Thanks for your wisdom. I may have to move to middle east. She has not arrived yet in the US. So i am thinknig of waiting it out and get married and I am sure that we would be comign back here for all of the holidays and she will be able to keep her green card. However, while i am waiting for the adjustment of status, will she be able to travel?

She will not be able to travel while waiting for AOS unless she secures Advance Parole, but that is for temporary travel, not to move to a third country. Even once she has the AOS approved and is an LPR, there is a certain amount of time (I don't know off hand) that she must reside in the US in order to qualify for removal of conditions to residency, later on....so I'm not sure that immigration to US, and moving to a 3rd country is doable w/ a K-1 adjusting status.

-P