Adjustment of Status / Green Card

[Scafidi454 22]

After reading through a few posts, I'm curious to know what the implications are if my fiance/future wife wants to leave after we're married so that she can go back to her country to live, pending I can find a job over there (because I want to live over there), then we have to first file for an Adjustment of Status? How long does that take? What is the process again? I talked to USCIS about this before, and they told me that if she left before getting her green card then we'd have to re-apply, but under the K-3 application.

[Inky 1,111]

The Green Card is for living in the USA, if you do not intend on living in the USA there is no reason to be applying and wasting money on the process.

You will lose the PR card if you do not live in the USA.

[Brit Abroad 166]

To give you a brief overview of the way it works (as you seem confused as to what is required):-

Fiance/e (K1) visa is a non-immigrant visa that is issued to the partner of an American citizen, with a view to getting married in America and choosing to permanently reside in the US afterwards. Once the K1 is used (by entry to the US), the fiance/e has 90 days in which to marry the American partner OR leave the US unmarried. It is a one-time use visa that is void as soon as the fiance/e passes through Immigration at the air or sea port and is "inspected" by CBP.

If the couple go ahead and marry, they apply for Adjustment of Status as soon as they can accumulate the documents/fees requested on the forms. This is an immigrant process, which allows the new spouse the right to live and work in America on a 2 year conditional basis (commonly known as a "green card") legally termed a Lawful Permanent Resident. It generally takes around 6-8 months from submission to receipt. After the 2 years (less 90 days), the couple apply to Remove Conditions. This generates a 10 year green card. After 3 years of residency and still being married to the original petitioner, the immigrant spouse is allowed to apply for US citizenship.

Establishing a permanent residence outside the US, with physical absence and non-payment of US taxes, generally results in the green card/residency of the US being viewed as abandoned, and the resident status revoked. It is not intended to be used as a swing-door mechanism to allow couples to come and go between two locations.

From the outside, it looks like you simply want to bring your fiancee to America to get married, and then both of you return to Russia to live - either one to follow, or together. In which case, you would be wasting time and money to pursue what is actually an immigration process for your fiancee. It would be better to see how easily you could get her a visitor's visa (with a limited period of stay) specifically to allow the marriage in America, if that is what you desire. Obviously, she would need to provide strong evidence of her intent to return to Russia and your desire to leave the US to live with her. You should probably start investigating what is required for her to sponsor you into Russia as a spouse and what legal obligations you, as an American citizen, have to the US. I know that all Americans are expected to file tax returns, regardless of whether they live in the US or not, and there may be other requirements of which I'm ignorant (and I hope the more knowledgeable folks chime in here if that is the case).

Sounds like you need to discuss all your options, and do some research on the different types of visas for both the US and Russia, before deciding exactly what you both want for your joint future. Hope you get it all straightened out, OP, and best of luck to you both.

[robp135 1]

To give you a brief overview of the way it works (as you seem confused as to what is required):-

Fiance/e (K1) visa is a non-immigrant visa that is issued to the partner of an American citizen, with a view to getting married in America and choosing to permanently reside in the US afterwards. Once the K1 is used (by entry to the US), the fiance/e has 90 days in which to marry the American partner OR leave the US unmarried. It is a one-time use visa that is void as soon as the fiance/e passes through Immigration at the air or sea port and is "inspected" by CBP.

If the couple go ahead and marry, they apply for Adjustment of Status as soon as they can accumulate the documents/fees requested on the forms. This is an immigrant process, which allows the new spouse the right to live and work in America on a 2 year conditional basis (commonly known as a "green card") legally termed a Lawful Permanent Resident. It generally takes around 6-8 months from submission to receipt. After the 2 years (less 90 days), the couple apply to Remove Conditions. This generates a 10 year green card. After 3 years of residency and still being married to the original petitioner, the immigrant spouse is allowed to apply for US citizenship.

Establishing a permanent residence outside the US, with physical absence and non-payment of US taxes, generally results in the green card/residency of the US being viewed as abandoned, and the resident status revoked. It is not intended to be used as a swing-door mechanism to allow couples to come and go between two locations.

From the outside, it looks like you simply want to bring your fiancee to America to get married, and then both of you return to Russia to live - either one to follow, or together. In which case, you would be wasting time and money to pursue what is actually an immigration process for your fiancee. It would be better to see how easily you could get her a visitor's visa (with a limited period of stay) specifically to allow the marriage in America, if that is what you desire. Obviously, she would need to provide strong evidence of her intent to return to Russia and your desire to leave the US to live with her. You should probably start investigating what is required for her to sponsor you into Russia as a spouse and what legal obligations you, as an American citizen, have to the US. I know that all Americans are expected to file tax returns, regardless of whether they live in the US or not, and there may be other requirements of which I'm ignorant (and I hope the more knowledgeable folks chime in here if that is the case).

Sounds like you need to discuss all your options, and do some research on the different types of visas for both the US and Russia, before deciding exactly what you both want for your joint future. Hope you get it all straightened out, OP, and best of luck to you both.

so from the day you apply for AOS how long will it take before you can work? is there not something that comes before a greencare before you can work?

[Brit Abroad 166]

so from the day you apply for AOS how long will it take before you can work? is there not something that comes before a greencare before you can work?

When you apply for AoS, you include the forms for Advance Parole (abiity to travel) and Employment Authorization Document (ability to work).

Although these are issued in advance of the green card itself, it's still generally a 4-8 week wait after you submit the application. Part of the AoS process is having biometrics done (fingerprints and photos). The EAD cannot be issued until the biometrics are completed. Unless your local USCIS office allows "walk ins" (most don't), you are at their mercy for an appointment.

You could try calling your local office and asking what their current timescales are, but it's largely down to luck and how busy they are, what cancellations they get etc.

Edited October 26, 2011 by Brit Abroad

[robp135 1]

When you apply for AoS, you include the forms for Advance Parole (abiity to travel) and Employment Authorization Document (ability to work).

Although these are issued in advance of the green card itself, it's still generally a 4-8 week wait after you submit the application. Part of the AoS process is having biometrics done (fingerprints and photos). The EAD cannot be issued until the biometrics are completed. Unless your local USCIS office allows "walk ins" (most don't), you are at their mercy for an appointment.

You could try calling your local office and asking what their current timescales are, but it's largely down to luck and how busy they are, what cancellations they get etc.

any idea of a typical timeframe for biometices in California??

[Scafidi454 22]

Well, we don't want to live in Russia permanently, but we would like to live there for about a year after we get married (so that I can learn about her culture, meet the family, and allow her to work some more since she just finished her university in 2010).

We want to live in the U.S. permanently. She applied for a tourist visa earlier this year, and they denied it, which is the main reason why I chose to go to Moscow this past August rather than in December (and I was only able to spend 7 days there because of work!!!).

If we get married in Russia, we have to first apply at ZAGS, provide proof that we're both single, pay some fees, and serve a waiting period of 30 days. That's all fine and dandy, but I cannot spend 30 days in Russia unless I have a job. And since we're wanting to live in the U.S. permanently anyway, we have decided that it would be easier to get married in the United States.

She will stay here if she has to, but we're researching everything we can right now.

I'm not sure how long she may have to wait for the AOS before she can travel overseas, but I'll be calling them again shortly.

[Lainie B 465]

Scafidi454 - do you know why she was denied a tourist visa? I don't think it would be a good idea to apply for a K-1 if she is not intending to migrate to the US yet. For one thing this could cause problems when she does intend to migrate (when you petition her as your spouse). Also if she leaves the US for a year after getting the K1, getting married and applying for AOS, the green card may be declared null and void as she is supposed to stay in the US and live as a resident. So you would be faced with petitioning to sponsor her again from the beginning, this time as a spouse.

Also the costs involved in applying for a K-1 and AOS may outweigh the 30 days you would spend without a job in Russia.

Mirage man - I suggest you start your own topic under the AOS forum to get the answers you need.

[Scafidi454 22]

Scafidi454 - do you know why she was denied a tourist visa? I don't think it would be a good idea to apply for a K-1 if she is not intending to migrate to the US yet. For one thing this could cause problems when she does intend to migrate (when you petition her as your spouse). Also if she leaves the US for a year after getting the K1, getting married and applying for AOS, the green card may be declared null and void as she is supposed to stay in the US and live as a resident. So you would be faced with petitioning to sponsor her again from the beginning, this time as a spouse.

Also the costs involved in applying for a K-1 and AOS may outweigh the 30 days you would spend without a job in Russia.

Mirage man - I suggest you start your own topic under the AOS forum to get the answers you need.

Even if we did get married in Russia, I'd still have to apply to bring her to the US under a K1 or CR1 visa. Then, I'd still have to apply for the AOS - Either way, I'm going to have to pay the fees. The main thing here is whether or not I'll choose to pay the K1/K3 visa price twice.

Furthermore, I do know why she was denied a tourist visa. She is fine. She worked in the U.S. last year under a student work visa, and she is cleared to come to the US. Russia doesn't want to lose their citizens, and unless she can show deep ties to Russia and convincing facts that would show that she'd return (i.e. mortgage, husband, kids, long career, etc.) it's not easy to go abroad (unless they've visited several other countries as well.

[Scafidi454 22]

So, once the marriage occurs, how long do we have before an I-485 has to be filed?

How long after the I-485 do we have to wait in order for her to be allowed to travel outside of the US without advance parole?

Can the advance parole form I-131 (I think it is) be filed at the same time of the I-485 (and at no additional cost). I thought I read something like that on USCIS's website: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f5d28bcbf851e210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

Conversely, I think that I also have to have a receipt of NOA from the I-485 before applying for the advance parole.

Edited October 26, 2011 by Scafidi454

[N&S 32]

You can indeed file for Advanced Parole (and Early Work Permit) together with you AOS application - the time frame given on this forum for receiving AP is 2-3 months.

Something that has been hinted at but not explicitly said yet in this thread is that as a Green Card Holder your wife will have to spend more than half the year in the US for her permanent resident status not to expire (which will lose her her GC) - yes, you can then petition for her as a spouse but then will have to wait another appr. year before she can follow you from Russia to the US while the application is being processed; if you two would be happy with that then of course you can do it that way.

Another option you might want to consider is staying in the US and filing for Citizenship for her once she's had her GC for 3 years (date of receipt not application of the the card) - once she is a USC she can spend how ever long abroad and will then be able to travel back to the US without delay.

Good luck!

EDIT: In answer to your last question about waiting for NOA1 before advance parole this is for emergency AP - normal processing time is 2-3 months but should there be a family emergency you can try and make an appointment with your local USCIS office AFTER receipt of first NOA to explain the situation and hopefully get a document in hand to be able to travel ASAP

Edited October 26, 2011 by N&S

[Scafidi454 22]

OK - I'm not sure exactly what we've decided on yet, but we are trying to research all of our options. I'm willing to go over there, if I can find a job, and she's willing to come over here. We know that we may have to re-apply under the K-3 application, but we'll decide on this later. If we do end up going to Russia, then we will not apply for the AOS until after approval of the K-3.

I don't think that they'll approve her tourist visa to come over here only to get married.

[Lainie B 465]

Just a quick note - don't look at K-3 as this is redundant, look at IR1/CR1.

I'm not sure why they wouldn't approve a tourist visa to come over and get married, plenty of people have done so and there's absolutely nothing wrong with doing so, in fact in this situation if she isn't intending to migrate after getting married in the US then it would seem the more appropriate path. She would need to provide plenty of evidence that she doesn't intend to stay after getting married. A K-1 is not for people who want to get married and then leave - it's for people who want to get married and migrate permanently.

[Scafidi454 22]

Hmm - But if I cannot find a job in Russia by next summer, then she'll stay here with me. If I wait until then to apply for the k1 visa, it would cost me a lot more time. The cost of the k1 compared to a tourist visa is not too bad. I'd rather have the K1 visa if I need it. As most have said already, the cost of the visa isn't that bad compared to the other expenses. As long as there aren't any issues of fraud, then I think I'll be ok. I'll look into the tourist visa option as well, but I don't think she has much to show that she'd be returning (She just started a new job, just moved to a new apartment that she shares with her cousin, and has only been working for one year).

[Lainie B 465]

I see what you mean now. If staying after the marriage is an option then a K-1 might be the way to go. But be careful that she doesn't do anything that might jeopardise future visa applications. The K-1 is for 90 days, and she needs to get married within that time. After that she needs to apply for AOS. There is no time limit for applying for AOS, so any overstay after the 90 days gets "forgiven" once the AOS is applied for and received, but if she doesn't ever apply for AOS then any time spent in the US after the 90 days is up MIGHT be seen as an overstay, even if she did get married within the 90 days. I don't know the answer myself, but I would look carefully into that.

Hopefully by the time you marry you will know whether you're staying in the US or going to Russia. Getting the K-1 is a lengthy process as I'm sure you've seen here, so you'll have time to figure out what you want to do. Good luck!