K1 and leaving again

[NKH87 0]

i just received my k1 visa and will leave for the states soon to finally be with my man. I know that i have to file AOS which will take some months. But now my soon to be hubby gets deployed again soon and he thinks it will be better if i return home for the time he is gone.

So he wont leave before the AOS is (hopefully) done. So can i go back home for the 11 or 12 months (after a completed AOS) or is this messing everything else up for the future?

If i posted in the wrong section im really sorry.

[Chica Yeyé 41]

i just received my k1 visa and will leave for the states soon to finally be with my man. I know that i have to file AOS which will take some months. But now my soon to be hubby gets deployed again soon and he thinks it will be better if i return home for the time he is gone.

So he wont leave before the AOS is (hopefully) done. So can i go back home for the 11 or 12 months (after a completed AOS) or is this messing everything else up for the future?

If i posted in the wrong section im really sorry.

Yup, that would mess it up. Once you become a permanent resident (after AOS) you need to live in the US, not abroad. google "maintaining permanent residence"

[Otto 83]

Congratulations...

To be gone for the length of time you described - you could jeopardize your residency status (once you have your PR/Green Card of course).

Would you be maintaining a domicile (home) here in the US during the time you'd be gone?

Edited July 8, 2009 by Otto und Karin

[Ban Hammer 13,407]

If i posted in the wrong section im really sorry.

it's ok, it's what we organizers do.

moved from K-1 Fiance(e) Visa Process & Procedures to Adjustment of Status (Green Card) from Family Based Visas

topic primarily concerns aos and timeline afterward.

[Chica Yeyé 41]

If i posted in the wrong section im really sorry.

it's ok, it's what we organizers do.

moved from K-1 Fiance(e) Visa Process & Procedures to Adjustment of Status (Green Card) from Family Based Visas

topic primarily concerns aos and timeline afterward.

aaaaaawwwww, how sweet

[nowhereman 1]

i just received my k1 visa and will leave for the states soon to finally be with my man. I know that i have to file AOS which will take some months. But now my soon to be hubby gets deployed again soon and he thinks it will be better if i return home for the time he is gone.

So he wont leave before the AOS is (hopefully) done. So can i go back home for the 11 or 12 months (after a completed AOS) or is this messing everything else up for the future?

If i posted in the wrong section im really sorry.

If he is being deployed to a country where dependents can go (e.g. Germany) I'm almost certain that the military base qualifies as US soil (although I'm guessing he is going to Afghanistan or Iraq & in that case you can't go).

Also you can apply for advance parole (AP) at the same time you apply for AOS (no additional cost). AP takes 2-3 months & a green card must be 6 months or more (we are in the middle of AOS right now). AP will allow you to leave the USA, visit your home country & re-enter the USA without the green card. Good luck!

[Eric-Pris 1,607]

But now my soon to be hubby gets deployed again soon and he thinks it will be better if i return home for the time he is gone.

He doesn't trust you, huh?

Seriously, being outside the US for more than 6 months as a permanent resident would jeopardize your resident status. You may want to rethink this decision if your greencard is important to you.

[baron555 934]

i just received my k1 visa and will leave for the states soon to finally be with my man. I know that i have to file AOS which will take some months. But now my soon to be hubby gets deployed again soon and he thinks it will be better if i return home for the time he is gone.

So he wont leave before the AOS is (hopefully) done. So can i go back home for the 11 or 12 months (after a completed AOS) or is this messing everything else up for the future?

If i posted in the wrong section im really sorry.

Another option (don't trust me on this) would be to come to the US, stay for 90 days, do not marry, then go home and then join him in the foregin country. Then you two could file again (ro DCF) from there and you come back with him after his assignment.

[Otto 83]

Seriously, being outside the US for more than 6 months as a permanent resident would jeopardize your resident status.

This is not necessarily true...

[DanielParul 50]

I did it. Survived the deployment and also got my greencard and driving license after my husband left for his deployment. If thats what he is worried about for you. It is possible to do it while he is deployed. If you go back for a year you might have to start from the scratch so think it carefully and then decide. Edited July 9, 2009 by DanielParul

[Eric-Pris 1,607]

Seriously, being outside the US for more than 6 months as a permanent resident would jeopardize your resident status.

This is not necessarily true...

Nothing is necessarily true with immigration. But I probably should have said "could" instead of "would".