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~Edo~

Should we apply for a green card?

By ~Edo~ in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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~Edo~ Newbie

~Edo~   0

Posted
Filed: Timeline
Posted

Hi, I'm currently in grad school in the US with an F-1 visa. I'm a Chinese citizen so my F-1 visa expires every year. My husband (who is a US citizen) and I got married last year but we haven't applied for the green card yet. Now he has accepted a 1 year job offer in Canada starting in september 2010 and we want to move to Canada together. However, I have unfinished dissertation work here in the US and I want to work on my thesis from a distance. I still need to be able to travel back to the US during the year. The question is, should we apply for a green card right now? As far as we can tell, we have basically the following options:

1. Apply for a green card immediately, then move to Canada.

2. Do not apply for a green card, and try to renew my F-1 visa (multiple entries) and apply for a Canadian visa. I feel a little risky since I'm only taking a few dissertation credits.

3. My husband moves to Canada, and I stay here in the US, and this will be torturing...

If anyone can think of any other suggestions or options, that will be great! Thanks in advance!

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

1. You can't just "apply for the greencard and leave immediately". You have residency requirements in the US. You would need to stay in the US for at least the time the GC is processing which will take around 3 months. Then you will need to return to the US at least every 12 months bearing in mind that for every 6 months you reset the clock for your naturalisation back to 0 which I suppose doesn't bother you because China doesn't recognise dual nationals. You could send of the AOS paperwork now and it should "fingers crossed" be back in time for the september leaving date.

2. Option is 2 has several issues. What visa will you apply for? Under what criteria? Just a tourist visa? It'll expire after a certain time and then what?

3. Well, always possible but sucks.

I would try 1 but you would need to make sure that you spend more time in the US than OUT of the US because you could try and get into the US and be told that you've spent too much time out and have obviously given up your residency. If it's just a year job then you might be okay but be VERY careful.

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

 
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