K1 to marry in the U.S., then possibly moving to Australia

[diamondblade 0]

My fiance (Australian) and I applied for the K1 visa (I-129f sent October 5th, 2007 or thereabouts), and are well on the way to receiving one (NOA2 dated March 13, 2008), with the hope of being married in the U.S. in August 2008, if all continues to go smoothly.

However, with the U.S. economy in its current state, and unemployment rising, we're concerned about his ability to find a job here. As he's just graduated university, this is especially important and time-sensitive (too much time spent unemployed after graduation begins to look suspicious to employers). Thus, he's been applying and interviewing for graduate jobs in Australia that don't begin until March 2009.

So he comes over on the K1, we get married, file for AOS/EAD/AP . . . and if he doesn't find employment by February, we move to Australia instead (presumably).

My questions are:

1. Is there any reason that my fiance absolutely has to be in the U.S. after receiving Advance Parole? Or, will his being in Australia void the AOS process? (As a side note, is expecting to receive AP by February, assuming a filing date of September 1, 2008, completely outlandish? Or within reason? Could he leave the U.S. without it?)

2. If my fiance does not reside in the U.S. for the two-year period allotted by the first green card, will he be ineligible for a subsequent 10-year green card/lifting of conditions? If so, what would be the process for getting him back into the states? Would we file a new K3?

Any help or advice is greatly appreciated - you guys and this site as a whole have been a fantastic resource for me throughout this process. Thanks!

-Emily

[pushbrk 13,764]

My fiance (Australian) and I applied for the K1 visa (I-129f sent October 5th, 2007 or thereabouts), and are well on the way to receiving one (NOA2 dated March 13, 2008), with the hope of being married in the U.S. in August 2008, if all continues to go smoothly.

However, with the U.S. economy in its current state, and unemployment rising, we're concerned about his ability to find a job here. As he's just graduated university, this is especially important and time-sensitive (too much time spent unemployed after graduation begins to look suspicious to employers). Thus, he's been applying and interviewing for graduate jobs in Australia that don't begin until March 2009.

So he comes over on the K1, we get married, file for AOS/EAD/AP . . . and if he doesn't find employment by February, we move to Australia instead (presumably).

My questions are:

1. Is there any reason that my fiance absolutely has to be in the U.S. after receiving Advance Parole? Or, will his being in Australia void the AOS process? (As a side note, is expecting to receive AP by February, assuming a filing date of September 1, 2008, completely outlandish? Or within reason? Could he leave the U.S. without it?)

2. If my fiance does not reside in the U.S. for the two-year period allotted by the first green card, will he be ineligible for a subsequent 10-year green card/lifting of conditions? If so, what would be the process for getting him back into the states? Would we file a new K3?

Any help or advice is greatly appreciated - you guys and this site as a whole have been a fantastic resource for me throughout this process. Thanks!

-Emily

He could very well receive AP, EAD and the Green Card by February. However, the Green Card signifies US permanent resident status and means just that. Google "maintaining permanent resident status" for details but in general, a decision to leave the US to pursue a career and life in another country, would effectively abandon US permanent residence and end the possibility of removing conditions on the initial two-yead "conditional" permanent resident status.

[motu 6]

He can't maintain residency here (legally) if he is working and living in Australia. A more important question to consider - might be - why should he migrate to USA - why not you migrate to Australia? Look at the pros and cons and then decide on your next move. And I agree, without having a decent job - there is no point in applying for residency here. Good Luck

[Mrs. BB 0]

If you think you'll be better off in Australia why not look into staying there and not spend the money and time going through the process here. You could still have your wedding here in the States in August then move over. A spousal visa for Australia is MUCH easier then here.

I've looked into it, and if circumstances weren't what they were, we'd be living in Melbourne right now.

Heck....in addition to job prospects....not having to worry about health insurance is reason enough to move to Australia.

[diamondblade 0]

Thanks for the replies!

I pretty much figured the residency would be invalidated by leaving to Australia, just wanted to be clear on it.

As far as coming back at some future time, though (i.e., more than 1 year in the future), how would that work? My best guess is to just start from scratch with a K3 or DCF, if and when we come back?

And yes, I would be migrating to Australia, if it becomes necessary to move there. Thankfully, we're both at points in our lives where either one of us can pick up and leave. And the Australian migration -does- seem a heck of a lot easier and faster! However, with the K1 already having progressed so far, and my fiance having a projected stay in the U.S. of at least 8 months (and possibly permanently, if he is able to find employment here), I don't see a reason not to continue through with it. The ideal is to stay and live in the U.S.; migration to Australia is a backup plan if he can't find a job here. I don't want to spoil plan A by giving up on the K1!

[rsda 0]

hi diamondblade

I am also in same boat as you. My fiancee is finding hard to get job in this time of usa economy. I never thought of 2 yrs residency requ for usa. But i was thinking if he comes to usa and stay for 3 mths n get AP and then stay out (work in another country) for 1yr (as AP is approved for 1 yr) and then come back to usa (hopefully economy improves by then)..That way K1 will remain valid ,and we dont have to go thru hassel of k3/dcf etc. Pls clear me if i am wrong.

Also if anyone know for how long AP is valid.

Thanks in advance

rsda

[msu17 0]

The K1 is used when you first enter the USA. Your status for what you are suggesting would be pending conditional greencard. Read up on what the residency requirements are to keep the greencard (especially the 2 year one).

[CB82 1]

hi diamondblade

I am also in same boat as you. My fiancee is finding hard to get job in this time of usa economy. I never thought of 2 yrs residency requ for usa. But i was thinking if he comes to usa and stay for 3 mths n get AP and then stay out (work in another country) for 1yr (as AP is approved for 1 yr) and then come back to usa (hopefully economy improves by then)..That way K1 will remain valid ,and we dont have to go thru hassel of k3/dcf etc. Pls clear me if i am wrong.

Also if anyone know for how long AP is valid.

Thanks in advance

rsda

You cannot use the AP to leave the US for one year to work and live in another country. The AP is for short visits abroad, to allow you to travel while you wait for your AOS application to be processed. You may have to be interviewed for AOS so you have to be in the US. To maintain permanent resident status when you have a green card (conditonal or unconditional) the most amount of time you can spend abroad at one time without jeopardising your residency is 6 months. Any longer and you will have to apply for a re-entry permit.

I'm sure someone will correct me if i'm wrong but i think that is correct.

[kenneme 2]

Hi,

Diamonblade - I'd say you're right about not wanting to give up the K1 given that you are so far into the process. Perhaps he could do an upaid internship in his field, which would look good to employers and should be easier to find even with the bad economy and go ahead and stay long enough to get residency in the US? But if you aren't opposed to going to Australia and you both have good job prospects there then it sounds like that would be an option too? (see my question below)

I'm in a similar boat. My fiancé (Algerian) and I would like to marry (ie:have the cermony) in the US in August 2009, but he doesn't necessarily want to immigrate yet - we live in France where he has a work permit/residency visa and would not want to jeopordise that. Does it mess you up to enter on the K1, get married and then leave without applying for anything else (AP, residency etc.) In that case, as the first person asked, how would you then proceed a year or two down the line when you are married but live outside the US - if you went for the DCF or a spousal visa would you be 'handicaped' by having entered on the K1 but not getting residency then?

Your help is most appreciated!