Is there a Physical Presence Test for Green Card

[grommet16 0]

Hi,

My fiancee is coming from Japan and we are getting married in the US in my parents' town. However, I am a consultant and travel extensively, thus we are actually going to be living overseas for much of the time after she gets her advance parole and before the Green Card interview-- does anyone know if there is a physical presence test for the green card? If we say that we have been living overseas for my work and will continue to do so following the interview, will that lead to a denial? Do we need to rent an apartment in the US or can we use my parents' address for the papers, etc.? Any clarification would be much appreciated.

I should clarify also that I work for a Boston-based company, pay taxes in the US and I did not know when I began applying for the K1 visa that my work would take me overseas so often (hence I went for the k1 and not the K3).

Thank you.

Edited June 15, 2010 by grommet16

[payxibka 10,048]

Hi,

My fiancee is coming from Japan and we are getting married in the US in my parents' town. However, I am a consultant and travel extensively, thus we are actually going to be living overseas for much of the time after she gets her advance parole and before the Green Card interview-- does anyone know if there is a physical presence test for the green card? If we say that we have been living overseas for my work and will continue to do so following the interview, will that lead to a denial? Do we need to rent an apartment in the US or can we use my parents' address for the papers, etc.? Any clarification would be much appreciated.

I should clarify also that I work for a Boston-based company, pay taxes in the US and I did not know when I began applying for the K1 visa that my work would take me overseas so often (hence I went for the k1 and not the K3).

Thank you.

there is a requirement to maintain your residency.... google "maintaining permanent residency"... A greencard means that you intend to live in the USA... if you say you are "living" overseas (and thus not in the USA) then that might raise an eyebrow...

[Brother Hesekiel 2,236]

What you are exploring is finding a way to circumvent US immigration law, which -- in the day and age of supercomputers who record everything -- can easily lead to your wife losing her Green Card.

I'd call your proposal a non-viable option. Why not applying for residency once you are ready to live in the USA again and use a B2 until that day comes?