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Andy_R

what if the USC decides to move later?

By Andy_R in Working & Traveling During US Immigration

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Andy_R Contributor

Andy_R   12

Posted
Filed: K-1 Visa Country: Japan
 Timeline
Posted

Hi everyone,

Our case is moving along steadily and we hope to have the interview scheduled soon. I'm a USC and my fiance is coming over on a K-1 visa.

My question is after we're married and get her permanent residence status, what happens if I take a job overseas and we live overseas for a few years and we later want to move back to the US? Will her permanent resident status allow us to get her back in the US easily or would I have to do an I-130? Anyone have experience with this?

Unfortunately getting dual citizenship seems kind of out of the question since Japan doesn't allow it.

9/19/11 - sent I-129F

9/21/11 - email NOA1

9/27/11 - hard copy NOA1

3/20/12 - congressional inquiry (6 months since NOA1)

4/4/12 - inquiry result: petition approved (still no NOA2 text/email/letter)

4/20/12 - packet 3 received from embassy

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VanessaTony Grand Master

VanessaTony   3,567

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

Depends how long you're out for. If it's less than 2 years she can apply for a re-entry permit. She'll need to maintain her status by filing taxes and all that stuff.

If you don't know how long it's better to give up the card and file for DCF before coming back over. She should be able to get a visitors visa if she's given up her card rather than having it taken away.

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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Andy_R Contributor

Andy_R   12

Posted
Filed: K-1 Visa Country: Japan
 Timeline
  • Author
Posted

Cool, thanks for the tip.

What would happen after getting a visitor's visa? Can you re-file for the permanent resident status while in the US on a visitor's visa?

9/19/11 - sent I-129F

9/21/11 - email NOA1

9/27/11 - hard copy NOA1

3/20/12 - congressional inquiry (6 months since NOA1)

4/4/12 - inquiry result: petition approved (still no NOA2 text/email/letter)

4/20/12 - packet 3 received from embassy

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VanessaTony Grand Master

VanessaTony   3,567

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

Cool, thanks for the tip.

What would happen after getting a visitor's visa? Can you re-file for the permanent resident status while in the US on a visitor's visa?

No. That would be immigration fraud. Entering with intent to AOS is fraud. You could file the paperwork while she was visiting with her overseas address but she would have to return to her overseas location to do the interview etc. DCF is actually MUCH quicker than the CR-1/IR-1 process. Have a look into it before you decide on a path.

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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Andy_R Contributor

Andy_R   12

Posted
Filed: K-1 Visa Country: Japan
 Timeline
  • Author
Posted

Thanks, I'll look into it. :)

9/19/11 - sent I-129F

9/21/11 - email NOA1

9/27/11 - hard copy NOA1

3/20/12 - congressional inquiry (6 months since NOA1)

4/4/12 - inquiry result: petition approved (still no NOA2 text/email/letter)

4/20/12 - packet 3 received from embassy

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