Studying abroad while having conditional green card

[mangu 0]

Dear VisaJourney Community,

Do you have any experience with or any input on if studying abroad is okay with the conditional green card? I'm planning to do this only during the first year of the two years before removing conditions (haven't POEd yet), and I would be in the US for one month, than out of the US in Europe studying, than back again for one month etc.

I understand that there could be two problems in the eyes of the US government:

• not being able to enter each time because my studies are abroad and I'm not working in the US? Why have I ties to another country as an LPR?(CBP issue)
• when removing conditions - why didn't I abandon my studies abroad if I got the privilege to immigrate to the US? Why am I not with my spouse who sponsored me? (USCIS issue)

Are any of these two are real concerns? Any way to satisfy them (maybe getting temporary jobs for one month each time in the US... is that possible?)? Anyone in similar situation?

Thanks so much in advance!

[Boiler 43,719]

Why not wait until you are ready and then immigrate.

[zkt101 38]

is your spouse studying abroad with you too?

[mangu 0]

Too late, visa is already issued, will expire. Have to come up with solutions to maintain LPR status.

No, unfortunately she is not, she would stay in the US.

[zkt101 38]

Well, maybe you should find a school in the US. What class are you planing to take that are not available in the US?

[mangu 0]

Just wanna finish my graduate school, should I just try to transfer credits and try to do it in the US?

[zkt101 38]

Just wanna finish my graduate school, should I just try to transfer credits and try to do it in the US?

Absolutely, since most US colleges accept credits earned from European colleges.

Edited January 31, 2016 by zkt101

[Darnell 8,478]

Hang on a mo -

get on a PC, use the advanced search tool,

look up Gary & Alla,

as

he has a topic about what one of his step-sons did.

The only nugget that I'll mention - is a semester is never 6 months anywhere, so you can transit back to usa when school is not in session.

Just wanna finish my graduate school, should I just try to transfer credits and try to do it in the US?

I suggest no.

[mangu 0]

Thank you guys, I have read the posts from Gary & Alla too, very informative!

The big difference though, is that they had their son abroad, not a spouse - so no 2 year conditional green card, no removing conditions. So what do you think, me flying back and forth for 1 month at a time for 1 year can be deemed as not a good marriage or with correct paperwork it can be shown that it is a valid marriage? (It is of course).

[Darnell 8,478]

ya, the son transitioned from a k-2 to a green card holder, and maintained his greencard status whilst overseas in school.. it was a bit different, sure, but they were meticulous about the calendar.

[mangu 0]

Well I would be flying back and forth every month so I wouldn't at all be near the out of the country for 6 or more months problem, like how it was for them. It's just if you would add up the days, I would be in the US for only 6 months a year. Do they do some math at the border? Also, how would this affect proving the relationship when we remove conditions?

Thanks for the valuable input!

[rutabaga 209]

Just wanna finish my graduate school, should I just try to transfer credits and try to do it in the US?

Since it's graduate school, I'd say no since when it comes to grad school things are not really as simple as with an undergraduate transfer and, depending on the program/degree, could require you to essentially redo the whole program. If you're considering this do inquire in detail with potential US institutions before proceeding.

Edited January 31, 2016 by rutabaga

[mangu 0]

Agreed. Ideally I would do the 1 month back and forth as my school would be okay with it. It's immigration I am worried about.

[zkt101 38]

Well, it looks like you're not ready to settle in the US just yet. I'll say try applying for a reentry permit and get on with your study abroad, and try to reenter the U.S. The worst thing the CBP can do is to deny your entry, and you can always have your wife refile for another green card.

Good luck!

Edited January 31, 2016 by zkt101

[NikLR 13,220]

What you want to do can work, however, you will have to worry about ROC so I suggest doing everything possible to show you guys had a genuine marriage. Co-mingle your finances. Get wills, MPOA, beneficiaries on 401k, life insurance, etc... Buy a vehicle together, get a house. Make sure you're on bills and the lease if renting.

Also document well the time you spent in the USA. Photos etc..

And document the time you were away with proof of regular communication.