Working as an Expat Complicate Removing Conditions

[Zoidberg 0]

Hi,

I brought my wife into the US on a K1 visa and she is not a green card holder. I have an offer to work in South Korea (her home country) as an expat for an American bank. My question is how would this affect complicate the visa process? I will change our permanent address to my mom's address in CO so all of our paper work can be processed there. Would the US look unkindly on her petition if we both live in South Korea for a while?

Her 2-Year GC expires next year and we would need to apply to remove the conditions at that point.

Thank you very much for your help.

-J

[Cino 5]

First of all, she can not stay more than (12 months total for Permanent Green Card & 18 months total for Naturalization). However, after she removes ROC then she can apply for commuter status, then she can stay as long as she likes until she becomes an US citizen.

So, you do the math. You can show your mom's address to file I-751. However, she should be here, in US to go for biometrics. If you get an RFE, then you have to mail more documents in by signing the RFE form. You have to prove that you have been working abroad & living with your wife. You have to show some sort of proof that you have been living together, a couple of joint bank accounts & jointly filed taxes. The bottom line is, you can file & live abroad but it is going to be more hassle & difficult compared to being lived in USA during this 2-3 year critical period. You guys, get ready to take so many flights between US & S.Korea .

Edited March 14, 2012 by Cino

[Cino 5]

From the USCIS Document Checklist to apply for Naturalization :

"If you have taken any trip outside the United States that lasted 6 months or more since becoming a Lawful Permanent

Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

- An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last 5 years (or for the last 3 years if

you are applying on the basis of marriage to a U.S. citizen).

- Rent or mortgage payments and pay stubs."

[Darnell 8,478]

how can she not be a green card holder but you state her 2 year card is expiring?

I'm confused.

then you go on to ask about stuff on a visa process.

I'm even more confused.

Those with green cards are FINISHED with pursuing any visa.

Edited March 14, 2012 by Darnell