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Andy_R

what if the USC decides to move later?

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Filed: K-1 Visa Country: Japan
Timeline

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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Filed: Citizen (apr) Country: Australia
Timeline

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.

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Filed: K-1 Visa Country: Japan
Timeline

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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Filed: Citizen (apr) Country: Australia
Timeline

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.

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Filed: K-1 Visa Country: Japan
Timeline

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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