Travel back to Philippines after marriage in USA

[vscampbell 11]

After my fiance gets her visa and we marry in the USA, how do we get permission to return to the Philippines as quickly as possible? We have a home and businesses there, and we want to have a family wedding there also???   I was told that her permanent change of status would take 7-9 months???? 

[geowrian 22,336]

* Moving from K-1 P&P to AOS from K-1/K-3 forum since this question is about the AOS process *

 

You can return to PI at any time. However, the issue is being let back into the US.

You need to marry within 90 days then apply for AOS + AP (and an EAD to work too!). ETA: ~4-6 months after applying for AP until approval.

The green card timeline varies by local office. Some are around half a year or less, but many are over a year to interview right now.

 

If you have a home and businesses there, what are your plans for the US? Being a green card holder requires permanent residence within the US. Living and working abroad is counter to this and could have permanent residency deemed abandoned.

Edited September 27, 2018 by geowrian

[Hypnos 6,576]

You can hope for 7-9 months, but it's entirely possible her AoS from a K-1 will take over a year.

[Liam2021 561]

It will took about 3-4 months for AP. Do not travel out of US if no AP in hand.

[vscampbell 11]

she doesnt need to work, we have businesses both in USA and Philippines. There has to be some way for us to travel and return??? Maybe an attorney can find a way???

[geowrian 22,336]

Just now, vscampbell said:

she doesnt need to work, we have businesses both in USA and Philippines. There has to be some way for us to travel and return??? Maybe an attorney can find a way???

AP or a green card is needed to re-enter the US. The K-1 is a single use visa.

An attorney can't change US law.

[vscampbell 11]

Im thinking there might be some kind of business visa something like that. Im sure that if Microsoft needed someone to travel around they have ways.

[Ben&Zian 4,397]

As others said, AP is only way to travel out and return without issues.

 

She could leave anytime from the US, but returning would be the issue as the K-1 is a single use visa, as soon as she entered on it, it was voided.

 

AP/EAD combo is 4-6 months these days it seems. Green card and all can be 11-14 months. Each case is unique and time can vary.

 

No lawyer, senator, congressman, ect.. can bypass the law. You will need AP at minimum. These are things that needed to be assessed and figured out before hand.

 

A work visa doesn't apply as she is a citizen of the Philippines, plus now going to be waiting adjustment to permanent US resident, you can't just add multiple visa types for convenience.

Edited September 27, 2018 by Ben&Zian

[geowrian 22,336]

4 minutes ago, vscampbell said:

Im thinking there might be some kind of business visa something like that. Im sure that if Microsoft needed someone to travel around they have ways.

B-1 for business meetings and such. H-class visas (i.e. H-1B) for specialized work...although this is something the business petitions for and has a labor certification requirement. You are also bound to the petitioning employer.

There's also E and EB class visas for non-immigrants and immigrants. Eligibility for these varies heavily.

There's investment visas for business owners / investors as well. But be prepared to invest $100k-$500k at a minimum in the US on the business. (E-2/EB-5)

 

Edited September 27, 2018 by geowrian

[Liam2021 561]

There is no other way....

[SalishSea 16,826]

If you don't want to live in the US for the required time before she has advanced parole, why not just get married in the PI and do a CR-1?

[JFH 12,189]

What do you mean that you have a home and business in the Philippines? The K-1 is for her to come to the USA permanently, not just to get married. If you live together in the Philippines, and intend to continue doing so, then she doesn’t need to immigrate and a K-1 was not the right choice. She must maintain residence in the USA if she intends to keep her green card permanently. 

[vscampbell 11]

We have homes and businesses in both nations. we will travel back and forth to manage our businesses and spend time with each family. we chose the K1 visa because all of the research we did said it is faster and easier. Im just trying to find out what is the fastest process to allow us to return to Asia and still return. WE don't really care about her green card. Just the ability for both of us to travel back and forth. As I said, we have two homes in the Philippines and one here. 

 

Edited September 27, 2018 by vscampbell

[SalishSea 16,826]

1 minute ago, vscampbell said:

We have homes and businesses in both nations. we will travel back and forth to manage our businesses and spend time with each family. we chose the K1 visa because all of the research we did said it is faster and easier. Im just trying to find out what is the fastest process to allow us to return to Asia and still return. 

Its not really faster, or easier.  The petition phase alone takes around 8 months right now, and then once she is here, the waiting period for AP/EAD will be an additional >6 months.  So in fact, the CR-1 may be a better choice, as it will take about one year total.

[geowrian 22,336]

K-1 was really not the best choice here. Faster is not always better.

That said, the requirement to maintain your permanent residency in the US remains with any immigrant option. One can divide their time between countries, but the majority should be within the US, they need to file US taxes even for when they live abroad, and claiming any sort of benefits of residency abroad can be deemed abandoning US residency.

 

Maybe an E-2 (investor) visa might be the best course...? That is valid for 2 years at a time and can be renewed indefinitely.