What if we end up moving outside the US after she comes to the US?

[Killowatts 26]

Sponsor:  Male American, lives in Vegas, filed I-129F

Beneficiary:  Female Filipina, lives currently in Cebu but will move to the US after Visa is approved next month.

 

See our signature timeline for our backstory.

 

The current question is:

 

Sponsor has been approached by a Saudi company with a "Godfather" grade job offer (an offer too good to refuse, as in double income and other perks, so...yeah).  Sponsor will consult later with an attorney, but thought I'd ask the forum...

 

**IF** I take a job in Riyadh now and **IF** I soon got the Residency-grade visa there in Saudi that would let my wife come with me (presumes we got married in Vegas in Feb as soon as she arrived), we're concerned about our options.  She's down to follow me wherever I go, but we're also not wanting to upset any US immigration apple cart in doing so just to rake in the benjamins.

 

1.  Option 1 - both live in Vegas Jan - Feb and get married as soon as she arrives to make it all legal, filing the change or status papers.  He then leaves for Riyadh late Feb/early March to take the new job.  She returns to Philippines and lives with family so she's not alone in a strange country while husband secures her spouse visa to join him in Riyadh.  She then moves from Philippines to Riyadh whenever everything is ready paperwork-wise.

 

2.  Option 2 - same as above, but she stays in the US and leans on a female filipina distant cousin who lives and works in Las Vegas until her Saudi visa is ready.  She then moves from the US to Riyadh in March/April/whenever.

 

Is there any downside to Option 1?  Will it affect her process going forward after we get married and file for change of status?

 

Is there a "minimum time" she needs to live in the US after arriving?

 

We hate to pass on the Saudi job, but we're also mindful of her US visa now that we've waited so long to get it.

 

Thanks in advance for factual replies.  We'd prefer those over "I believe" replies or personal opinions.

[Liam2021 557]

-Option1:  She can't return to Phil until she have AP or Green card.

-Option 2: GC holders want stay out of USA more than one  year need to apply for re-entry permit.

 

[geowrian 22,335]

8 minutes ago, RayAndCrisnaLyn said:

1.  Option 1 - both live in Vegas Jan - Feb and get married as soon as she arrives to make it all legal, filing the change or status papers.  He then leaves for Riyadh late Feb/early March to take the new job.  She returns to Philippines and lives with family so she's not alone in a strange country while husband secures her spouse visa to join him in Riyadh.  She then moves from Philippines to Riyadh whenever everything is ready paperwork-wise.

 

2.  Option 2 - same as above, but she stays in the US and leans on a female filipina distant cousin who lives and works in Las Vegas until her Saudi visa is ready.  She then moves from the US to Riyadh in March/April/whenever.

1) She cannot leave until she has AP or else she abandons the AOS process. ETA for AP is ~4-7 months from filing (alongside the AOS application).

 

2) I guess technically this can work on the 90 days permitted with the K-1. But she can't stay past the 90 days unless she files for AOS. She cannot complete AOS unless you are living in marital union. Leaving shortly after her arrival is going to raise some major, major questions. Also note that the AOS interview may take over a year to be scheduled.

 

I'll just add that if the plan is to live abroad, then a green card isn't the way to go. A permanent resident must maintain permanent residency within the US. She would probably lose the card due to abandonment anyway.

 

My $0.02..worry about permanent residency when you're ready to come back to live in the US. She can apply for a spousal visa at that time. The wait is long, but you'll be together abroad while waiting.

[EM_Vandaveer 2,370]

No point in filing for AOS if at this point she won't live in the US. Leaving abandons the AOS/GC process anyway unless one has AP already AND one returns to LIVE in the US.

Marry then leave within the 90 days. Once you are ready to move back to the US from KSA, file for spousal visa one year in advance. (I'm assuming KSA Embassy does not offer DCF).

Edited January 9, 2019 by EM_Vandaveer

[C90 376]

If she decides to move out of the US after she got her AP, her Greencard will probably be denied. Greencards are granted to immigrants that tend to live in the US.

Like other people say, if she decides to move to another country after getting married here, there's no point in filing for AOS. 

[Killowatts 26]

Thanks all.  I will negotiate with the Saudi employer to work remotely (here in the US) for the first 6-7 months and see what they say.  Hate to lose the job, but hate to lose her US visa moreso, that will take priority.

[Lil bear 3,831]

31 minutes ago, RayAndCrisnaLyn said:

Thanks all.  I will negotiate with the Saudi employer to work remotely (here in the US) for the first 6-7 months and see what they say.  Hate to lose the job, but hate to lose her US visa moreso, that will take priority.

You will need to work remotely for a lot longer than 6 to 8 months before you reach a point where she can do anything to not lose her US residency status while  staying overseas for  anything longer than 12 months. 

She could use a Reentry Permit to allow her to reenter after an absence of up to 2 years .. but she had to have her GC to apply for this ... a 9 to 15 month processing time from when you submit the AOS documents after you marry 

[Chris Duffy 1,256]

I have seen a few couple in the past from Philippines, I am very familiar with the country and visa process. Here are a couple other options to chew on:

 

1.) You let her get her greencard and go to the US Embassy in Manila and turn it in, and then apply for a Tourist Visa to USA.  This seems to be a fairly good way to get approved for a Tourist VIsa to USA,  Otherwise only the elderly or wealthy get approved in Philippines for Tourist Visa to USA.

 

2.) Let her get here to USA, get married etc. Tour her around the USA for a while. You both pack bags and move to Philippines as a married couple, you will get a Balikbayan Visa Stamp in your passport when entering the Philippines with you wife.  This will give you a one year entry stamp into Philippines versus a 30 day entry stamp visa as a US Citizen.

 

Take a trip yearly to Hong Kong or Singapore for a day or a weekend and re enter Philippines and get the stamp again. 

 

 

[Nitas_man 3,100]

10 hours ago, RayAndCrisnaLyn said:

Sponsor:  Male American, lives in Vegas, filed I-129F

Beneficiary:  Female Filipina, lives currently in Cebu but will move to the US after Visa is approved next month.

 

See our signature timeline for our backstory.

 

The current question is:

 

Sponsor has been approached by a Saudi company with a "Godfather" grade job offer (an offer too good to refuse, as in double income and other perks, so...yeah).  Sponsor will consult later with an attorney, but thought I'd ask the forum...

 

**IF** I take a job in Riyadh now and **IF** I soon got the Residency-grade visa there in Saudi that would let my wife come with me (presumes we got married in Vegas in Feb as soon as she arrived), we're concerned about our options.  She's down to follow me wherever I go, but we're also not wanting to upset any US immigration apple cart in doing so just to rake in the benjamins.

 

1.  Option 1 - both live in Vegas Jan - Feb and get married as soon as she arrives to make it all legal, filing the change or status papers.  He then leaves for Riyadh late Feb/early March to take the new job.  She returns to Philippines and lives with family so she's not alone in a strange country while husband secures her spouse visa to join him in Riyadh.  She then moves from Philippines to Riyadh whenever everything is ready paperwork-wise.

 

2.  Option 2 - same as above, but she stays in the US and leans on a female filipina distant cousin who lives and works in Las Vegas until her Saudi visa is ready.  She then moves from the US to Riyadh in March/April/whenever.

 

Is there any downside to Option 1?  Will it affect her process going forward after we get married and file for change of status?

 

Is there a "minimum time" she needs to live in the US after arriving?

 

We hate to pass on the Saudi job, but we're also mindful of her US visa now that we've waited so long to get it.

 

Thanks in advance for factual replies.  We'd prefer those over "I believe" replies or personal opinions.

Based on experience, a lot of experience this is what I suggest:

 

Fly in, get married, fly back to the Philippines, process her Saudi visa from there.

 

You’re looking at months before she gets a green card.  Forget the idea of somehow preserving her immigration benefits.

 

When you get ready to return home file a new I-130 petition.

 

I’ve worked in Saudi twice.  Absent a ten-year green card and travel document there is no feasible way to maintain status while you work and live there and the trouble/expense of maintaining two residences outweighs the benefits of going there in the first place.

 

Your wife will have no trouble getting a tourist visa from the embassy in Riyadh.  

 

Some personal advice:  You’re picking a really bad time to go to KSA.  Watch your back.

Edited January 9, 2019 by Nitas_man

[MandW 310]

so much wrong information mentioned.....

If she comes here on a K1 she cant leave while in AOS, then once she gets the green card she still cant live outside the USA longer than 5 months. Without hassle from customs when entering back into the states.

My exwife, she and I went through this very thing, she had the 3 year conditional green card, conditional meaning there are conditions you must adhere to when having that card and one of them is RESIDING in the USA. Just because you have a green card doesn't mean "ok we can live anywhere and come back anytime" nope, nada , sorry. A green card is  RESIDENT card, meaning you have to live here to be a resident.

My ex, her work sent her/us to China on a 3 year project, we didn't know about the cant stay outside the USA longer than a certain period, we came back to visit 8 months after we left, when we landed and got to customs they gave her a butt chewing saying "this is a resident card, means reside here" and then asked for letters from HER employer which we had, but a letter from YOUR employer wont do her any good. 

We went back as this was her job and again 8 months later another butt chewing and they threatened to take her green card. We pleaded our case and we won, then we went back for 6 months and requested to be sent back to the states.

Now after you get the 10 year green card the conditions are released however you will still get the 3rd degree from customs when you re-enter as to why you have a green card and you reside more outside the usa than you do inside the usa and if its a proven track record you spend more of the time out or the us than in they can take the card away when you enter customs.

That decision is 100% up to the border protection agency aka customs, not uscis not DHS, not NVC , but the customs officer at the POE , they have all the power to grant or deny entry and TAKE AWAY GREEN CARDS.

Edited January 10, 2019 by MandW

[Nitas_man 3,100]

7 hours ago, MandW said:

so much wrong information mentioned.....

If she comes here on a K1 she cant leave while in AOS, then once she gets the green card she still cant live outside the USA longer than 5 months. Without hassle from customs when entering back into the states.

My exwife, she and I went through this very thing, she had the 3 year conditional green card, conditional meaning there are conditions you must adhere to when having that card and one of them is RESIDING in the USA. Just because you have a green card doesn't mean "ok we can live anywhere and come back anytime" nope, nada , sorry. A green card is  RESIDENT card, meaning you have to live here to be a resident.

My ex, her work sent her/us to China on a 3 year project, we didn't know about the cant stay outside the USA longer than a certain period, we came back to visit 8 months after we left, when we landed and got to customs they gave her a butt chewing saying "this is a resident card, means reside here" and then asked for letters from HER employer which we had, but a letter from YOUR employer wont do her any good. 

We went back as this was her job and again 8 months later another butt chewing and they threatened to take her green card. We pleaded our case and we won, then we went back for 6 months and requested to be sent back to the states.

Now after you get the 10 year green card the conditions are released however you will still get the 3rd degree from customs when you re-enter as to why you have a green card and you reside more outside the usa than you do inside the usa and if its a proven track record you spend more of the time out or the us than in they can take the card away when you enter customs.

That decision is 100% up to the border protection agency aka customs, not uscis not DHS, not NVC , but the customs officer at the POE , they have all the power to grant or deny entry and TAKE AWAY GREEN CARDS.

So?  A USC can just get another one for his/her spouse.

[Nitas_man 3,100]

8 hours ago, MandW said:

they have all the power to grant or deny entry and TAKE AWAY GREEN CARDS.

Nobody can take away a green card but an immigration judge.  

[MandW 310]

5 minutes ago, Nitas_man said:

Nobody can take away a green card but an immigration judge.  

WRONG. 

At POE the immigration officer can TAKE the green card, deny entry, and enforce it. , if you are in violation of the terms and conditions of the green card a POE officer can withhold your green card, and have a hearing and ordered to revoke. They will NOT let you in and say "appear on this date...."

 

they can in fact take your green card, hold you in custody and then a hearing but you will not get the card back or released until after that hearing so yes a airport immigration officer can take your green card

"Even Green Card Holders Can Be Detained or Arrested By Airport Immigration. If the Customs officer determines that the person falls into one of the above categories and that he or she is inadmissible from the United States, the Customs officer may decide to place the person in removal, or deportation, proceedings."

Edited January 11, 2019 by MandW

[MandW 310]

My suggestion is, don't risk it for a job or money, love cant be measured by a job or by the almighty dollar, there are more jobs. And why would anyone want to live in that dump and look over your shoulder every time you go out and not to mention her shoulder too.....No worth the risk

[Lemonslice 4,555]

9 minutes ago, MandW said:

WRONG. 

At POE the immigration officer can TAKE the green card, deny entry, and enforce it. , if you are in violation of the terms and conditions of the green card a POE officer can withhold your green card, and have a hearing and ordered to revoke. They will NOT let you in and say "appear on this date...."

 

they can in fact take your green card, hold you in custody and then a hearing but you will not get the card back or released until after that hearing so yes a airport immigration officer can take your green card

... But it's not a final decision since you get a hearing, then the judge makes a decision.