Working with an I-131

[hearts10 0]

Hello everyone,

My husband currently is an holder of a temporary green card.

He applied for an I-131 travel document to go back to Hong Kong to take care of his mother, with the passing of his father. Since the family now has very little income, he wants to find a job in Hong Kong. Is he allowed to do this with his status??

Thanks!

[hearts10 0]

Hello everyone,

My husband currently is an holder of a temporary green card.

He applied for an I-131 travel document to go back to Hong Kong to take care of his mother, with the passing of his father. Since the family now has very little income, he wants to find a job in Hong Kong. Is he allowed to do this with his status??

Thanks!

Hii. Does anyone have any input? Please help. my husband's been offered a job in Hong Kong and is uncertain if he's allowed to take it. Thanks!!

[Dakine 26]

Sure won't help when he has to prove a valid marriage when he applies for removing conditions.

[hearts10 0]

Sure won't help when he has to prove a valid marriage when he applies for removing conditions.

What do you mean? He really had trouble finding a job in the US due to the poor economy. He figured he could go back to live with his mother for a bit and hopefully get a job if he's allowed that.

[Nik+Heather 121]

I don't believe that US immigration laws are going to regulate whether or not he can work in Hong Kong. I'm confused about your question.

I believe that the comment about removing conditions was aimed at pointing out that if he is not living with you and has infact moved to another country won't go very far in proving a bonafide marriage. The consequence of this decision (possibly loose GC status/not remove conditions) could be that when he is ready to come back to the US, you'll have to petition another visa for him - but if you did it after 2 years after marriage, would result in a 10 year card.

[hearts10 0]

I don't believe that US immigration laws are going to regulate whether or not he can work in Hong Kong. I'm confused about your question.

I believe that the comment about removing conditions was aimed at pointing out that if he is not living with you and has infact moved to another country won't go very far in proving a bonafide marriage. The consequence of this decision (possibly loose GC status/not remove conditions) could be that when he is ready to come back to the US, you'll have to petition another visa for him - but if you did it after 2 years after marriage, would result in a 10 year card.

Thanks for the comment.

We got married Feb 15th, 2008 and he left for Hong Kong at the very end of Oct. 2009. Not sure if it helps but it was almost two years, and that he already had his application approved, but it was still labeled as "temporary."

In 2009, he was able work a part-time/temp job. I plan on filing our 2009 taxes jointly to further validate our marriage. We can do the same for 2010, but we need to make sure he's allowed to get a job in Hong Kong first. I didn't think it should matter if he works or not.. since Im assuming there's not a lot of cross talk between the IRS and Immigration department..? but i just wanted to really make sure that we're not doing anything illegal.

[Dakine 26]

Thanks for the comment.

We got married Feb 15th, 2008 and he left for Hong Kong at the very end of Oct. 2009. Not sure if it helps but it was almost two years, and that he already had his application approved, but it was still labeled as "temporary."

In 2009, he was able work a part-time/temp job. I plan on filing our 2009 taxes jointly to further validate our marriage. We can do the same for 2010, but we need to make sure he's allowed to get a job in Hong Kong first. I didn't think it should matter if he works or not.. since Im assuming there's not a lot of cross talk between the IRS and Immigration department..? but i just wanted to really make sure that we're not doing anything illegal.

When can he file to remove conditions?

[hearts10 0]

When can he file to remove conditions?

I think the mark to remove the condition is 2 years after the temporary was issued.

In 2008, I filed married/separately and when we went to our interview in 2009, the officer was a little skeptical why we had done that. We were a very young couple (I was only 23!) and neither of us had any assets or much money and didn't see the point of co-owning things or filing our taxes jointly, especially when he did not have a job. I am not sure what the conditions are switch from a temporary to permanent green card.. not sure if it's another interview or just more evidence.. in either case, i think a joint tax return helps because it shows serious financial mingling.

* For those applying AOS, i strongly suggest a joint tax return if possible. When we went to our interview, the officer put our application "on hold." until we submitted more substantiating evidence. *

Does anyone else have any other comments? My husband really wants to take up the job offer in Hong Kong .. and the deadline is approaching!!

[Bobby+Umit 161]

What do you mean? He really had trouble finding a job in the US due to the poor economy. He figured he could go back to live with his mother for a bit and hopefully get a job if he's allowed that.

How long is the I-131 valid for?

Are you planning on moving to Hong Kong?

He should be able to work in Hong Kong, however, he still may be liable for US taxes under the LPR status.

Staying apart would not look good for showing a bonafide marriage, IMHO.

[Dakine 26]

I think the mark to remove the condition is 2 years after the temporary was issued.

In 2008, I filed married/separately and when we went to our interview in 2009, the officer was a little skeptical why we had done that. We were a very young couple (I was only 23!) and neither of us had any assets or much money and didn't see the point of co-owning things or filing our taxes jointly, especially when he did not have a job. I am not sure what the conditions are switch from a temporary to permanent green card.. not sure if it's another interview or just more evidence.. in either case, i think a joint tax return helps because it shows serious financial mingling.

* For those applying AOS, i strongly suggest a joint tax return if possible. When we went to our interview, the officer put our application "on hold." until we submitted more substantiating evidence. *

Does anyone else have any other comments? My husband really wants to take up the job offer in Hong Kong .. and the deadline is approaching!!

" For those applying AOS, i strongly suggest a joint tax return if possible. When we went to our interview, the officer put our application "on hold." until we submitted more substantiating evidence. *

I recommend he stay in the US if he wants to be successfull doing ROC.

[hearts10 0]

" For those applying AOS, i strongly suggest a joint tax return if possible. When we went to our interview, the officer put our application "on hold." until we submitted more substantiating evidence. *

I recommend he stay in the US if he wants to be successfull doing ROC.

Our application is already approved. His green card, however, is temporary. I am a bit fuzzy about the policy, but i think we go back for a second interview 2 years after receiving the temp green card to get a really real one. I think this stipulation is to prevent false marriages and couples getting a divorce immediately after the alien spouse gets residency. Can anyone comment on this?

It was almost impossible to stay in the US--he just had so much trouble finding a job here. After working in Hong Kong and saving up some money, he does plan on returning to US for school. I understand that him living abroad would not look good when we try to get his permanent permanent green card, and that's why we plan on filing our taxes jointly for 2009 and 2010.. to show financial mingling even when living apart. But first we had to make sure he's allowed to work in Hong Kong... ied/sep

Another question: does immigration see that he's lived in Hong Kong even if we don't file jointly? He was offered a side job in Hong Kong (very little money, not enough to file tax return married/separately). Now we're debating if we should file the 2009 tax return married/jointly and declare that small income and risk the immigration people looking at our 2009 tax return and asking why we were apart long enough for him to obtain a job in Hong Kong. Or I can just file married/separately and hope the immigration people do not check his departure/arrival to the US record and ask us about it. What do you guys think?? From my experience, it seems like filing married/jointly means a lot of them. If he takes his current job offer, he will definitely be making enough money abroad to have to file in 2010.

I have absolutely no intention of moving to Hong Kong. I graduated from college in 2008, is currently working full time, and will go back for graduate school this Fall 2010. Since I will be really busy with school, I don't plan on starting a family (with children) anytime soon, and that's why it works for us to live apart with occasional visits from him.

Thanks!! This forum has been such a stress reliever. <3

[hearts10 0]

edit: after having our application on hold, we sent in utility bills with both of our names on them, he also added my name to his card, and we opened a joint bank account . These items were sufficient to substantiate our marriage and our application was approved... Just in case anyone here is confused about what step of the process we're in.

[Kathryn41 3,205]

There are several issues of concern. Your husband has his temporary 2 year green card. He must apply to remove the temporary status by filing an Application to Remove conditions (form I-751) no earlier than 90 days before his 2 year green card expires AND NO LATER than the expiry date. The ROC requires evidence that shows the marriage is in good faith and is signed by both partners. Biometrics are required generally a month after filing, and an interview is sometimes required, especially if there are circumstances that raise red flags - such as not living together and working outside of the US.

Of bigger concern, however, is how long does your husband expect to be out of the US? Part of his responsibility of having a green card is to be living in the US. Living in another country is one of the grounds for USCIS to cancel the green card. The I-131 is permission for him to leave the US and be 'paroled' back into the US after short absences while he is waiting for a green card. Once he has a green card he does not use the Advance Parole. When you talk about him using the I-131 is it one he was issued before he got his green card, or is it the re-entry permit?

The re-entry permit will allow your husband to be out of the US for more than a year but not more than 2 years - or until his green card expires. If his green card expires and he is outside of the US without having other documentation that his status is extended (from filing the I-751) he will not be allowed back in the US even with a re-entry permit.

USCIS' concern will be with your husband's intentions as indicated by his actions. If he is living and working overseas he has to make his intent of remaining a permanent resident very clear, and he has to observe the limitations of time that he is allowed to do so . He definitely has to file a US tax return on his world income. He has to file for the ROC and attend the biometrics and the interview; You will both have to prove how this marriage is a viable and valid marriage with the two of you living in separate countries. These are the issues that you need to look at. You also need to realize that the border authority at any time can decide that he is no longer a permanent resident and take away his green card if they do not believe his intention is to live in the US. In that case you would have to start the whole immigration process all over again from the beginning.

I do think, under the circumstances you describe, you will have difficulty convincing USCIS that this is a real marriage. That is not to imply your marriage isn't real, but it will be difficult to prove since you are not living together and only 'visit' occasionally.

[Kathryn41 3,205]

moved from Working and Travelling Before Getting a Green Card forum to Effects of Major Family Changes on Immigration Benefits as individual in question already has a green card and family changes may affect Immigration status.

[Brother Hesekiel 2,235]

Kathrin gave you a $250 response of an experienced immigration attorney, totally free of charge. Isn't Visa Journey great?