Fiance is coming, but I'm leaving??

[sherydenise 66]

2 minutes ago, 88lance said:

Just out of curiosity, what stage WOULD her process have to be in for her to be able to leave if she came here first?  I guess she is not allowed to leave on green card without special permission (and probably not for 3 years).  Just wanting to weigh all options, in case I waited a bit before starting the NZ project, what stage would she have to get to, and how long would it take to get to that stage?

well as far as I'm aware, permanent residents are only allowed to spend a certain amount of time outside of the country, so if she spent a few months with you in the US and then moved to NZ for a couple of years, its possible she will need a new permit to re enter the USA when you return. I think PR can't spend more than 6 months at a time outside of the US?

[ineedadisplayname 442]

11 minutes ago, 88lance said:

Just out of curiosity, what stage WOULD her process have to be in for her to be able to leave if she came here first?  I guess she is not allowed to leave on green card without special permission (and probably not for 3 years).  Just wanting to weigh all options, in case I waited a bit before starting the NZ project, what stage would she have to get to, and how long would it take to get to that stage?

She would need a green card. Which can take from a couple of months to year(s) depending which state do you live in.

But even after she gets the GC she needs to maintain residency in the US, otherwise she will lose the green card..

She could file for a re-entry permit which is good for two years on paper. In reality don't know, they might think that you take up residency in New Zealand and then even with the re-entry permit they will assume she abandoned her status....

https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

 

 

Edited December 29, 2018 by ineedadisplayname

[Lil bear 3,831]

SB1 reentry permit can be applied for when the GC has been received. It allows for extended absence

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

above is the link which will give you all the information.

[SalishSea 16,745]

It really makes no sense for you to pursue a K-1 if you are going to be overseas for years anyway.   If you file the petition this week, the overall timeline could be close to two years before she had a green card.  

 

You're much better off just getting married, moving to NZ together, and starting the CR/IR-1 spousal visa process from within NZ.

[geowrian 22,335]

9 minutes ago, Lil bear said:

SB1 reentry permit can be applied for when the GC has been received. It allows for extended absence

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

above is the link which will give you all the information.

An SB-1 visa and a re-entry permit are 2 separate items.

 

An SB-1 visa is difficult t come by, and usually requires a justification as to why one was unable to return the US to maintain permanent residency.

 

A re-entry permit (via an I-131) permits an extended absence up to 2 years at a time without a presumption of having abandoned permanent residency. However, it sounds like the plan is to establish residency outside the US. A re-entry permit only precludes abandonment of residency due to the length of time abroad, not actions taken to obtain residency elsewhere.

 

The simplest options are either:

1) Wait until she is a USC to leave, or

2) Start the CR-1/IR-1 visa process once they decide to return to the US.

 

Which one is better really depends on the timeline and individual's circumstances.

[Lil bear 3,831]

31 minutes ago, geowrian said:

An SB-1 visa and a re-entry permit are 2 separate items.

 

An SB-1 visa is difficult t come by, and usually requires a justification as to why one was unable to return the US to maintain permanent residency.

 

A re-entry permit (via an I-131) permits an extended absence up to 2 years at a time without a presumption of having abandoned permanent residency. However, it sounds like the plan is to establish residency outside the US. A re-entry permit only precludes abandonment of residency due to the length of time abroad, not actions taken to obtain residency elsewhere.

 

The simplest options are either:

1) Wait until she is a USC to leave, or

2) Start the CR-1/IR-1 visa process once they decide to return to the US.

 

Which one is better really depends on the timeline and individual's circumstances.

My mistake. 😢

[88lance 1]

Great information, thank yall for the responses 😊

[Nitas_man 3,100]

On ‎12‎/‎29‎/‎2018 at 4:24 PM, Lil bear said:

SB1 reentry permit can be applied for when the GC has been received. It allows for extended absence

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

above is the link which will give you all the information.

SB1 applies to circumstances beyond the immigrant's control.  Extremely difficult to get one.

[Nitas_man 3,100]

On ‎12‎/‎29‎/‎2018 at 3:52 PM, 88lance said:

Just out of curiosity, what stage WOULD her process have to be in for her to be able to leave if she came here first?  I guess she is not allowed to leave on green card without special permission (and probably not for 3 years).  Just wanting to weigh all options, in case I waited a bit before starting the NZ project, what stage would she have to get to, and how long would it take to get to that stage?

We're kind of good at this so I will tell you what I think your options are.  This is pushing it to the very limit of allowable outside - US adventure time but here's what I think.

 

She can arrive in the US, get married, get her green card, apply for travel document, and stay out for up to two years the on the travel document (or) up to 12 months without a travel document.  Entering after 6 months raises an eyebrow but the official policy is 12, not 6 months out of the country on a single trip.

 

You have to maintain an address in the US while you are out and sometime in those two years and before that travel document expires you have to file to remove conditions and she has to be back in the US for ROC biometrics.  After biometrics?  She can leave again on her extension letter.

 

This put your adventure out for about 6-8 months for the K1 visa plus another 8-12 months for AOS approval and buys you about 18-20 months in NZ.

 

Any more than that and you might as well get married, relocate to NZ, and apply for an immigrant visa when you are ready to go back.

 

 

[Lil bear 3,831]

1 hour ago, Nitas_man said:

SB1 applies to circumstances beyond the immigrant's control.  Extremely difficult to get one.

Yep   My error. I meant to send the link for the correct one but sent the wrong one 😬

[Nitas_man 3,100]

1 hour ago, Lil bear said:

Yep   My error. I meant to send the link for the correct one but sent the wrong one 😬

LOL we got one (SB1).  It was multi-step and we got scorched by the CO for being out so long.  Not sure I'd push it like that again.

[Lil bear 3,831]

4 hours ago, Nitas_man said:

LOL we got one (SB1).  It was multi-step and we got scorched by the CO for being out so long.  Not sure I'd push it like that again.

Yep. I imagine it was a nasty process .. ☹️