Recent immigrant returning to home country?

[Sugarbear 0]

Happy Holidays Everyone!

I recently petitioned for a K-1, my fiance is from the Philippines, and although I am American with a U.S. residence, I spend most of the time residing in the Philippines and we plan to continue doing so after marriage.

So my question is: After entering the U.S. on a K-1 and marrying etc, how long must my new wife stay in the U.S. before she can return to the Philippines with me?

Thanks...

[payxibka 10,045]

Happy Holidays Everyone!

I recently petitioned for a K-1, my fiance is from the Philippines, and although I am American with a U.S. residence, I spend most of the time residing in the Philippines and we plan to continue doing so after marriage.

So my question is: After entering the U.S. on a K-1 and marrying etc, how long must my new wife stay in the U.S. before she can return to the Philippines with me?

Thanks...

returning to the PI is not the problem.... she can leave whenever she wants...

the question might be returning to the USA in the future.... which possibly in your scenario will be problematic dependent on how long you stay out of the USA

[sachinky 465]

Once you get married, she must file for AOS.

LPR mean legal PERMANENT RESIDENCE. It's so that your wife can live in the U.S. permanently. If she plans on living in Philippines for most of the year, she will have a tough time maintaing her LPR status.

[Dakine 26]

Happy Holidays Everyone!

I recently petitioned for a K-1, my fiance is from the Philippines, and although I am American with a U.S. residence, I spend most of the time residing in the Philippines and we plan to continue doing so after marriage.

So my question is: After entering the U.S. on a K-1 and marrying etc, how long must my new wife stay in the U.S. before she can return to the Philippines with me?

Thanks...

She'll be able to leave and reenter the US after she gets her AP and then GC. If everything goes smooth takes about 3 months after you guys marry. She won't be able to spend much more than 6 months at a time if she doesn't want to have her ability for obtaining US citizenship affected.

After 3 years from GC receipt she can apply for USC and get her dual citizenship and spent as much time in PI as she wants.

[Zen Den 18]

Happy Holidays Everyone!

I recently petitioned for a K-1, my fiance is from the Philippines, and although I am American with a U.S. residence, I spend most of the time residing in the Philippines and we plan to continue doing so after marriage.

So my question is: After entering the U.S. on a K-1 and marrying etc, how long must my new wife stay in the U.S. before she can return to the Philippines with me?

Thanks...

after getting married, she can apply for AOS right away so she can submit an AP application as well (AP is US re-entry doc she'll need while waiting for a GC), that will be good to use for a year, meaning she can go back and forth with that. when she gets her GC (around 4-6 months after) she can definitely travel to and from the phils with no problems.

and the only downside would be that every month she stays out of the US will be counted against her required residency (3 yrs) before she can apply for citizenship.

[Sugarbear 0]

after getting married, she can apply for AOS right away so she can submit an AP application as well (AP is US re-entry doc she'll need while waiting for a GC), that will be good to use for a year, meaning she can go back and forth with that. when she gets her GC (around 4-6 months after) she can definitely travel to and from the phils with no problems.

and the only downside would be that every month she stays out of the US will be counted against her required residency (3 yrs) before she can apply for citizenship.

Ok, thats great, of course our main concern is to be together permanently and travel together as a family. Its not an issue to us if it takes longer before she can apply for citizenship, we just want to do everything correctly and avoid any problems.

Thank you all for you replies!......

[Anh map 2,098]

Do some research with a qualified immigration attorney where you can lay out all the specifics of what you hope to do.

If you are going to live in the PI your spouse doesn't need any US residency or citizenship. If you occasionally want to travel to the US she will apply for a tourist visa and your strong ties to the PI will demonstrate she has no immigrant intent.

Living outside the US it will be a challenge for her to qualify for US citizenship.

If in the future you do wish to relocate to the US then you can apply for a spouse visa directly with the US embassy.

[sachinky 465]

To maintain the LPR status one would have to remain for at least 6 months in the U.S.

Is that correct?

[payxibka 10,045]

To maintain the LPR status one would have to remain for at least 6 months in the U.S.

Is that correct?

maybe, then again maybe not. Nothing is guaranteed.... google "maintaining permanent residence"