Implications of studying outside USA when on conditional greencard

[frodomaximuss 0]

Hi,

My fiancee was just granted her K1 visa, and is planning to travel to the US this December, and we plan to marry on December 30th, and file for adjustment of status upon receipt of marriage certificate.

She was just awarded a fellowship to study for her Master's degree in Japan. Her studies would begin September 2017.

Few questions:

1. Looking at AOS processing times, seems likely she would be granted her conditional green card before she would need to depart. What are the odds I'm correct about that?

2. Let's assume she is issued her conditional green card in advance of our departing for Japan. Basically we'd be looking at her being outside the USA for the entirety of the conditional green card period. Are there any dispensations made for those who are studying outside the country while holding a conditional green card? Or are we totally railroaded by this and would be better off saving the $1000, just go to Japan and then apply for her green card in 2 years using CR-1?

3. If we're going to have to forfeit the conditional green card b/c we won't be able to be in the US during the conditional green card period - does this in any way make it more difficult to apply and be granted a second green card using CR1 process? The thinking behind still filing for AOS, even knowing we will forfeit that green card, is that this is that it would allow her to live and work in the US until the time we depart for Japan next fall.

Thanks so much for your help and advice!

[A'n'L 735]

First of all - you can not take for granted that the GC will be issued by September. It might happen, but it might not (processing times are all over the place, depending on the local office etc).

Second, she will not be able to work in the US until she has the EAD (work permit). You can file for this at the same time as AOS - but it will take about 3 months to receive.

Third - would you be going with her to stay in Japan during her studies? She might be able to obtain a re-entry permit (valid for two years) on a conditional GC. But, to be able to lift the conditions after two years - you will have the burden of proving bona fide marriage. Living apart makes that a lot more difficult.