K1 visa and living outside of the USA

[inna1995 0]

Hello!

I am waiting for my K1 visa.

I am from Ukraine.

If anyone could answer for my question?

 

When I will get K1 I go to the US and get married. We will apply for my Green Card.

 

My future husband wants move to Ukraine.

So can I hold Green card and live abroad with my husband???

I know that I have to exchange temporary GCard in 2 years. The main requirement is to be with your husband in marriage.

 

Should I stay in the USA for 6 month every year??? Or we can live abroad and any time I can back with him and my Green Card will be valid???

 

 

So Can Green Card Holder  (based on marriage and K1 visa) live abroad??

 

[Amy_and_Victor 159]

3 minutes ago, inna1995 said:

 

So Can Green Card Holder  (based on marriage and K1 visa) live abroad??

 

The answer is no.

 

You can read all of the details here, on the official USCIS page https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

If you get your GC and then move to live in another country it's falling under Abandoning Permanent Resident Status and you may lose your resident status (Green Card).

 

- Victor from Russia

[f f 725]

just have him move to Ukraine now and skip the k1 since you can not have a greencard and live in another country.

[inna1995 0]

3 minutes ago, Amy_and_Victor said:

The answer is no.

 

You can read all of the details here, on the official USCIS page https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

If you get your GC and then move to live in another country it's falling under Abandoning Permanent Resident Status and you may lose your resident status (Green Card).

 

- Victor from Russia

Thank you!!! 

So I have to be at least 6 month in the USA every year until I get citizenship???

[laci1806 15]

My husband came to America on a K1. We also want to return to live in Ukraine later on, but we are waiting until he becomes a citizen. This way we will have the option to live in America again if/when we want. 

[inna1995 0]

3 minutes ago, f f said:

just have him move to Ukraine now and skip the k1 since you can not have a greencard and live in another country.

Thank you for the answer. I don't want to stop the process now, just got  my NOA2, because we have not decided about moving.

 

 

[Amy_and_Victor 159]

Just now, inna1995 said:

Thank you!!! 

So I have to be at least 6 month in the USA every year until I get citizenship???

USCIS does not specify 6 months per year rule on their page but says about

Quote

Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by

I think if you'll be out of the US for almost 6 months per year you may have a lot of troubles when you'll be doing ROC process as you'll have to explain such a long absences and USCIS officer may question your eligibility for removing conditions. May be people who have done something like this before can give more information but I believe you may get in troubles for doing that. By the way why do you need to bother with K1 and GC at all if both you and your husband plan to live in Ukraine? He can move to you and you don't have to worry about USCIS at all.

- Victor from Russia