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A few IR-1/CR-1 questions - re: citizenship, whether this is right visa, and travel

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Hi,

I read about IR-1/CR-1 and K-3.

For a married couple with one spouse a U.S. citizen living in the U.S. and the other spouse a non-U.S. citizen living in another country, it seems to me from reading that the IR-1/CR-1 is far better and it's cheaper to file for. I don't really understand why anyone would choose K-3? What is the reason? With IR-1/CR-1 the spouse is a permanent legal resident on entering the U.S. - does this mean they can stay or go whichever they please forever?

After approval of IR-1/CR-1 can the foreign national who is now U.S. permanent resident enter and leave the U.S. without any restriction? Like if the couple decides to go live in a foreign country for 10 years then move back to the U.S. for a few years to get U.S. citizenship for the foreign national spouse they can now do that without worrying about whether they can enter the U.S. to live again? Or they can come to the U.S. for summer vacation from school for 3 months each year and not worry about whether they can enter? This seems like really nice flexibility.

For the foreign national spouse who is approved for IR-1/CR-1, they would still have to go through the regular procedures to become a U.S. citizen - something like living in the U.S. for 3 un-interrupted years, etc - correct?

Thanks. :)

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A legal permanent resident must keep their domicile in the USA, spend more time in the USA than out of it. No they cannot leave and live in another country. The beneficiary can obtain a re-entry permit if they will be outside the USA for 1 year or more however, but the ultimate decision maker is the CBP upon entry. Staying out of the country longer does effect their citizenship capability and doesn't not absolve them from renewing their green card or removing conditions.

If the couple has been married less than 2 years at entry the beneficiary receives a 2 year conditional residence green card upon which they must remove the conditions before it expires by proving a genuine relationship continued with the petitioner.

If married more than two years, the beneficiary receives a 10 year green card which they must either renew or gain citizenship before it expires.

For citizenship for the beneficiary read here: http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

and here: http://www.uscis.gov/us-citizenship/citizenship-through-naturalization

After becoming a citizen both USC's can then live wherever they want to in the world and return to the USA whenever they want to. However they still must file US taxes for the entire time they are USC's no matter where they are in the world.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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