Travel Before Change of Status

[Plumer 0]

I am a U.S. citizen. My fiancée is Thai. We would like to get married in the U.S. However, she must return to her government job after about a month. She would like to work a few more years to receive her pension. In the meantime, we will spend 6 months in Thailand and 6 months in the U.S. Can we still continue the Change of Status process if she travels back to Thailand before receiving it? Or does her departure terminate that option?

[Roel 7,191]

What do you mean change of status? From what? Fiance visa or tourist visa? Kind of need more info.

 

 

She cannot leave US without AP or green card in hand, or her AOS will be abandoned.

Also she cannot travel back and forth, claiming job and residency in Thailand while she's US resident...  She will lose the green card.

 

How about, don't do anything, until she's actually ready to move to the US for good.

[Bfree3 132]

If you file for AOS and leave without receiving AP (you definitely don't get this within a month's time) , your AOS will be considered abandoned. Also there will be some definite hurdles and red flags with her wanting to still work in her home country. 

 

Get married in US, let her go back home and file for CR1. In this way, she will still be able to work and get her things together. 

[debbiedoo 2,339]

she cant claim residency both places.

 

 dont file for CR1 or K1 until she is ready (or a year away from, since it takes at least that long) being READY to move. 

 

 

[Sunnyland 639]

She has to make a decision. She wants to stay in her country for a few more years then marry her and move there. Or don't marry until both are ready to move forward. I doubt she will be able to visit every 6 months to the US on a tourist visa. And a Green Card is not a luxury visa. It's to live in the US. Not to visit every 6 months. 

[Roel 7,191]

Cant eat cake and have a cake. 

Green card is for living in the US, not bouncing between two countries. Immigration should be a step taken when people are 100% committed. 

[SusieQQQ 11,584]

Living and working 6 months a year in Thailand sounds like abandoning US permanent residence. Maybe this can work IF she gets a re-entry permit to help protect her green card, and she'll be able to renew it once (note she can only get a re-entry permit once she has a green card). Also does she understand that from the day she gets a green card her income becomes reportable to the IRS? She will have to file a return each year detailing worldwide income, maybe or maybe not having tax liable on what she earns in Thailand, and any property etc she sells after she gets a green card must also be reported and if applicable capital gains tax be made. For many reasons, it doesn't seem to make sense for her to get a green card before she is ready to make a properly permanent move.