K-1 and green card.....with complications

[Cyclemad 0]

Hi all,

Thanks for the replies to my last topic. Totally helpful and so I have thought to ask a more complicated question....

I am planning to get a K-1 visa for the second quarter next year after my fiancee visits me in Sout Africa for 3 months. I know the process to go through to getting a green card, which was sp well clarrified for me on this forum. However, I have two young children that live with their mother here in South Africa. I don't see her letting them move with me to the States, so my idea is to get my green card (which will allow me to travel easier to America as wel

as I'd be able to work when there, but then for my fiancee (will be my wife by then) and I to live in South Africa and travel a couple of times a year to America for a couple of years until my children are older and able to understand my move and/or move with me.

What I would like to know is how long is the green caed valid for? I know it can be renewed, but would they consider me not wanting to live in South Africa and so make it harder for me to renew if I am spending most of my first 3-6 years on my green card in South Africa?

I do have a 10 year visa, so I know I could just travel on that, but my fiancee is opening a company and when we are in the States I'd like to help her with it, so would be essentially working for her company (although I wouldn't need to get paid as the money would go to her any way).

Any ideas or advice?

[baron555 934]

I do have a 10 year visa,

That visa become invalid once the K-1 is issued.

From the K-1, you will obtain a 2 year conditional green card and then have to ROC and obtain the 10 year GC.

[Harpa Timsah 13,258]

If you are not living in the US then you can't maintain a Greencard. GC is for living in the US.

Forget the K-1 if you aren't going to live in the US. Just marry when you want, live in SA, and then move to the US when you want (on a spousal visa).

[Cyclemad 0]

Ahhh, okay, that makes sense. So are you saying that I would need to stay in the States for two years (of course I can leave as long as it is not longer than 180 days on a singke trip and nor for more than half the year) until I get the 10 GC before I start spending more time in South Africa?

[Cyclemad 0]

If you are not living in the US then you can't maintain a Greencard. GC is for living in the US.

Forget the K-1 if you aren't going to live in the US. Just marry when you want, live in SA, and then move to the US when you want (on a spousal visa).

Okay, this makes sense. Thanks.

[Cathi 5,771]

Ahhh, okay, that makes sense. So are you saying that I would need to stay in the States for two years (of course I can leave as long as it is not longer than 180 days on a singke trip and nor for more than half the year) until I get the 10 GC before I start spending more time in South Africa?

no, even with the 10 year greencard you are required to reside in the US. Spending more time out of the US than in while a greencard holder, whether or not is a conditional greencard or a 10 year greencard, would put you in jeopardy of losing it. Until you you become a US citizen you must maintain you residence in the US. A greencard is not meant to be used as a visitor visa

[Cyclemad 0]

Cool, got it. It will probably be best for us to marry here. Once I can move over there then I'll get the spouse visa and go through the process.

But of I help her out doing stuff for her company (without being paid), would I need a working visa? Or is my B1/B2 visa fine to cover that? I don't want to break any visa laws.

[TBoneTX 45,524]

*** Thread moved from K-1 Process forum to the "What Visa" forum -- OP is weighing options. ***

[Penguin_ie 5,994]

What exactly would you be doing for the company? Can you do most of it while in SA? You can attend business meetings on a B visa, but you cannot work.

[Cyclemad 0]

Hi Queen Penguin,

It would really be a whole lot of odd stuff. I will do some web design and artwork, but that I can do over here. There it would be really just admin stuff I guess. Phone calls and the like.

[Penguin_ie 5,994]

Yeah you can't do that. You would need a greencard or work visa for that.

[Boiler 45,665]

I disagree.

[aaron2020 11,651]

I disagree.

Why?

He is not authorized to work. PERIOD.

Can I fire my employee and have my non-resident alien spouse do the work? NOOOO!!!!!!!

It doesn't matter if the US employer is his wife. It is illegal for him to work without authorization. PERIOD. There are no exceptions for helping a spouse.

[aaron2020 11,651]

You can't have your cake and eat it too.

If you want to live in SA, then it doesn't make sense to get a green card. Get it when you are ready to live in the US. In the meantime, just use your B-2 visitor visa.

If you get your green card, then you get all the disadvantages as well as the benefits.

First, you need to maintain a US resident to keep your green card. Yearly visits are not enough despite the number of people who tells it's possible because they have been getting away with it. Just because they got away with it does not make it legal.

Second, you MUST file a US tax return declaring your worldwide income. This means the IRS will now that you are working in SA. If USCIS finds out that you are living and working in SA, you will lose your green card.

You are better off using the B-2 visitor visa until you are ready to live in the US permanently.