K1 visa and AP or CR1/IR1 later?

[Tony and Daisy 22]

I am a DoD contractor with an offer to go to Korea later this year. My fiance` and I are about to go to her medical and interview in Manila over the next few weeks. So, we have a timing issue.

Realistically, how fast could USCIS process the Advance Parole? We don't want her to come to the US only to have to sit with my parents for a couple months while waiting for authorization to leave/re-enter the US.

Or, should we just plan for me to fly to the Philippines, get married there and process a CR1/IR1 towards the end of my contract in 5 years?

For clarification, my contract includes my family accompanying me so her visa to Korea isn't an issue and will be joining me there.

[Pitaya 2,576]

I am a DoD contractor with an offer to go to Korea later this year. My fiance` and I are about to go to her medical and interview in Manila over the next few weeks. So, we have a timing issue.

Realistically, how fast could USCIS process the Advance Parole? We don't want her to come to the US only to have to sit with my parents for a couple months while waiting for authorization to leave/re-enter the US. See current VJ Processing Times, easily accessible at the top of the forum page: http://www.visajourney.com/content/times . As often mentioned on this forum EAD/AP processing takes about 60-90 days.

Or, should we just plan for me to fly to the Philippines, get married there and process a CR1/IR1 towards the end of my contract in 5 years? Personal decision, as that you have already in the middle of K1 processing.

For clarification, my contract includes my family accompanying me so her visa to Korea isn't an issue and will be joining me there.

Good luck on your immigration journey.

[Kastrs 723]

So you will be effectively living in Korea for 5 years? I am not 100% but I am pretty sure that even with AP, she will still need to maintain residence in the US. If she is with you for the full 5 years I am not sure how that is possible. But I am not totally sure about that.

[aaron2020 11,651]

I am a DoD contractor with an offer to go to Korea later this year. My fiance` and I are about to go to her medical and interview in Manila over the next few weeks. So, we have a timing issue.

Realistically, how fast could USCIS process the Advance Parole? We don't want her to come to the US only to have to sit with my parents for a couple months while waiting for authorization to leave/re-enter the US. Around 90 days.

Or, should we just plan for me to fly to the Philippines, get married there and process a CR1/IR1 towards the end of my contract in 5 years? Probably a better idea.

For clarification, my contract includes my family accompanying me so her visa to Korea isn't an issue and will be joining me there.

Hi,

If you intend to live in Korea for the next five years, then getting the K-1 only makes sense if you want to marry in the US. AP will take about 90 days after she enters on the K-1 and marry. AP allows her to re-enter the US if she leaves before getting her green card.

To keep a green card, she must maintain ties to the US. Google "maintaining legal permanent residency." She will lose her green card for living outside the US for 5 years.

Complete the K-1 if you intend to marry in the US. Forget about AP and the green card since she will not be maintaining ties to the US.

Get marry in the PI, and then apply for a IR-1 visa in 5 years. (You avoid the process and cost of removing the condition on a 2 years green card with a marriage over 2 years.)

Yes, it's confusing.

Best of luck.

[Boiler 43,434]

OP said he was going as a DOD contractor so that makes a difference on the residency.

We are in June, not sure when you are going, if it was December for example I would keep on going.

[sevenrider860 9]

OP said he was going as a DOD contractor so that makes a difference on the residency.

We are in June, not sure when you are going, if it was December for example I would keep on going.

If DOD contractors follow the same criteria as Active Duty Military then it there is a difference. My late wife spent only 3 months in the U.S. after arrival from the Philippines in 1986. The DOD put the SOFA stamp in her Philippine passport and we spent 3 years in Germany. All that time abroad counted as residency.

I don't remember if the 2 year then 10 year card requirement existed in 1989, but we definitely did not get a new card while in Germany. A few months after our return we had an interview and a new card was received (some time in 1990 I think). Soon after she applied for naturalization.

I would definitely check to see if that time in Korea would count as residency and if the DOD works to get the Korean visa or SOFA ( not sure if these are even used still) stamp issued for your non-USC spouse.

[Tony and Daisy 22]

OP said he was going as a DOD contractor so that makes a difference on the residency.

We are in June, not sure when you are going, if it was December for example I would keep on going.

Residency in the US can be maintained with an annual trip to the US and a letter to USCIS, that is not a concern, I should have specified that.

I am looking at September to relocate hence the timing problem. She would be Command Sponsored (full SOFA status).

I supposed we could use the K1 to get married and not file AOS, just abandon it, but the one way ticket for her and her daughter and a RT for me is a bit costly just to get married. I am going to have to think more about it.

Edited June 3, 2015 by Tony and Daisy

[Boiler 43,434]

Residency in the US can be maintained with an annual trip to the US and a letter to USCIS, that is not a concern, I should have specified that.

Nope

And the subject is horribly complicated and fact specific.

[belinda63 2,981]

Most DOD contractors are treated the same as active duty military. The time spent overseas counts the same as if you were on US soil. Best place to check would be with your employer. If you are unsure or can't get a straight answer just marry and file when you are about 1 year out from returning.