Living in two countries

[shapestupendous 0]

Fiancee is Japanese. She doesn't care about being a citizen...or working here. I just want her to be able to freely enter and stay in the country, and the visa waiver program limits are 3 months.

We want to live a couple years in the US, then live in Japan for a while. No idea about where we will live in the future. But I want her to basically be free to stay in the US, like I will be free to stay in Japan.

I am applying for the K1 visa now, but if we move to Japan after 2 years, it appears she will lose her green card.

Is there anyway to handle this? I understand that a lot of people have a difficult time getting their spouses into the country in the first place , and might think it selfish to try and want to live in both countries freely. But we have planned on this being possible for years, and are just finding that there doesn't seem to be a system in place for this.

[YuAndDan 153]

Green-card is for for a Lawful PERMANENT Resident of the USA. Notice I stressed the word PERMANENT?

US Citizenship may be the only option, but will need to get a resident visa for Japan.

Japan does not allow dual citizenship.

http://tokyo.usembassy.gov/e/acs/tacs-7118b.html

[Mononoke28 135]

The only way she can live freely in both countries is by becoming a US citizen herself.

Diana

[Chica Yeyé 41]

Exactly - only after becoming a US citizen could she come and go at will.

[shapestupendous 0]

Thanks. I have read a ton of stuff online, including this site, but over time it just confuses me more. I have never seen anything that really address what I want, since everything is targeted torwards people who want to live in the US the rest of there life.

If I get her the K-1 visa, and she lives here for a couple of years on a green card...then we move to japan... will she be able to get another green card in the future if we apply? Or will she be denied based on losing it before? Basically, am I going to screw up our future if I use the K1 just for a few years. Would it be better for us to just live apart during this time?

[Chica Yeyé 41]

Thanks. I have read a ton of stuff online, including this site, but over time it just confuses me more. I have never seen anything that really address what I want, since everything is targeted torwards people who want to live in the US the rest of there life.

If I get her the K-1 visa, and she lives here for a couple of years on a green card...then we move to japan... will she be able to get another green card in the future if we apply? Or will she be denied based on losing it before? Basically, am I going to screw up our future if I use the K1 just for a few years. Would it be better for us to just live apart during this time?

She would have to apply for another green card all over again; but no, she would not be denied in principle - so no worries there.

However, a K-1 is a non-immigrant visa. She would have to get it, come into the US, marry you, Adjust Status and obtain a green card. This takes about what? 1 year? So you do the math.

[YuAndDan 153]

Thanks. I have read a ton of stuff online, including this site, but over time it just confuses me more. I have never seen anything that really address what I want, since everything is targeted torwards people who want to live in the US the rest of there life.

If I get her the K-1 visa, and she lives here for a couple of years on a green card...then we move to japan... will she be able to get another green card in the future if we apply? Or will she be denied based on losing it before? Basically, am I going to screw up our future if I use the K1 just for a few years. Would it be better for us to just live apart during this time?

You will need to apply for a spousal visa to do that, if you live in the other country for more than 6 months as a resident you could file I-130 for the visa.

Note, a green-card holder can leave the USA for up to 2 years, if they apply for a re-entry permit (File I-131), and maintains US domicile, such as file IRS returns every year, maintain a US mailing address, and other evidence that time away from USA was temporary.

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a “nonimmigrant” on your tax returns.

Edited March 2, 2009 by YuAndDan