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RayAndCrisnaLyn

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

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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.


12/10/2016: Met at Mactan-Cebu Airport

08/26/2017: Petitioner returned to United States

03/16/2018: I-129F sent to USCIS Dallas Lockbox via USPS

03/26/2018: Check was cashed; Received text and email from USCIS; case being transferred to CSC

03/29/2018: NOA1 Hard Copy Received

09/28/2018: NOA2 Email  (no text)
10/01/2018: NOA2 Hard Copy Received

 
10/19/2018: NVC Received I-129F 
10/19/2018: NVC Case Number Received

10/26/2018: NVC Returned Case to USCIS (no explanation)

11/08/2018: Case details presented to US Senator for investigation
11/13/2018: Case Re-affirmed by USCIS (no explanation) and re-sent to NVC

11/30/2018: Case arrived back at NVC

01/07/2018: NVC reaffirms case is now valid to proceed (printed snail mail)

01/08/2018: NVC forwards Case to Manila Embassy (email)

 

01/10/2019: DS160 Filed online

01/14/2019: Fee paid, interview scheduled for 07 Feb, registered for Medical
02/04/2018: Medical
02/07/2018: Interview 

xx/xx/2018: APPROVED!
xx/xx/2018: Visa in Hand
xx/xx/2018: POE at Las Vegas Airport

xx/xx/2018: Married

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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.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)

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 by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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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

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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.


12/10/2016: Met at Mactan-Cebu Airport

08/26/2017: Petitioner returned to United States

03/16/2018: I-129F sent to USCIS Dallas Lockbox via USPS

03/26/2018: Check was cashed; Received text and email from USCIS; case being transferred to CSC

03/29/2018: NOA1 Hard Copy Received

09/28/2018: NOA2 Email  (no text)
10/01/2018: NOA2 Hard Copy Received

 
10/19/2018: NVC Received I-129F 
10/19/2018: NVC Case Number Received

10/26/2018: NVC Returned Case to USCIS (no explanation)

11/08/2018: Case details presented to US Senator for investigation
11/13/2018: Case Re-affirmed by USCIS (no explanation) and re-sent to NVC

11/30/2018: Case arrived back at NVC

01/07/2018: NVC reaffirms case is now valid to proceed (printed snail mail)

01/08/2018: NVC forwards Case to Manila Embassy (email)

 

01/10/2019: DS160 Filed online

01/14/2019: Fee paid, interview scheduled for 07 Feb, registered for Medical
02/04/2018: Medical
02/07/2018: Interview 

xx/xx/2018: APPROVED!
xx/xx/2018: Visa in Hand
xx/xx/2018: POE at Las Vegas Airport

xx/xx/2018: Married

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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 

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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. 

 

 

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Posted (edited)
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 by Nitas_man

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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 by MandW

August 4 2017 - I-129F Sent to USCIS

August 7 2017 I-129F Delivered

August 9 2017 NOA1 Sent out

August 14 2017 - Received email from Lawyer NOA1 received

August 28 2017 - Returned to USA/NOA1 was in the mail waiting for me delivered on August 14th according to my brother who collected my mail

September 7 2017 - 1 month into waiting for NOA2

October 7 2017 - 2 months into waiting for NOA2

November 7th 2017 - 3 months into waiting for NOA2

December 7th 2017 - 4 months into waiting for NOA2

January 7th 2018 - 5 months into waiting for NOA2

February 7th 2018 - 6 months into waiting for NOA2

February 17th 2018 - NOA2 - APPROVED!! noa1-noa2 194 days

February 20 2108 - NOA2 Mailed

February 24 2018 - NOA2 Received

March 5th 2018 - NVC Received Case

March 7th 2018 - NVC Case number received.

March 7th 2018 - DS-160 Submitted online

March 17th 2018 - Case sent to embassy

March 18th 2018 - Case Arrived embassy NVC says "Ready"

March 23 2018 - Medical exam completed

April 30 2018 - Interview - 221g - Administrative processing

December 12 2018 - Email from embassy Administrative processing completed request to send passport, new 221g , new medical

December 24 2018 - New medical exam

January 9 2019 - Medical ready for pickup, sent passport to embassy

January 10 2019 - Passport received by embassy.....case update as well

January 11 2019 - CEAC page shows visa status ISSUED!

January 14 2019 - Visa received.

January 15 2019 - POE - Dallas Ft Worth - Arrived Mobile Al airport - now home with me.

 

 

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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.

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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 by MandW

August 4 2017 - I-129F Sent to USCIS

August 7 2017 I-129F Delivered

August 9 2017 NOA1 Sent out

August 14 2017 - Received email from Lawyer NOA1 received

August 28 2017 - Returned to USA/NOA1 was in the mail waiting for me delivered on August 14th according to my brother who collected my mail

September 7 2017 - 1 month into waiting for NOA2

October 7 2017 - 2 months into waiting for NOA2

November 7th 2017 - 3 months into waiting for NOA2

December 7th 2017 - 4 months into waiting for NOA2

January 7th 2018 - 5 months into waiting for NOA2

February 7th 2018 - 6 months into waiting for NOA2

February 17th 2018 - NOA2 - APPROVED!! noa1-noa2 194 days

February 20 2108 - NOA2 Mailed

February 24 2018 - NOA2 Received

March 5th 2018 - NVC Received Case

March 7th 2018 - NVC Case number received.

March 7th 2018 - DS-160 Submitted online

March 17th 2018 - Case sent to embassy

March 18th 2018 - Case Arrived embassy NVC says "Ready"

March 23 2018 - Medical exam completed

April 30 2018 - Interview - 221g - Administrative processing

December 12 2018 - Email from embassy Administrative processing completed request to send passport, new 221g , new medical

December 24 2018 - New medical exam

January 9 2019 - Medical ready for pickup, sent passport to embassy

January 10 2019 - Passport received by embassy.....case update as well

January 11 2019 - CEAC page shows visa status ISSUED!

January 14 2019 - Visa received.

January 15 2019 - POE - Dallas Ft Worth - Arrived Mobile Al airport - now home with me.

 

 

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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


August 4 2017 - I-129F Sent to USCIS

August 7 2017 I-129F Delivered

August 9 2017 NOA1 Sent out

August 14 2017 - Received email from Lawyer NOA1 received

August 28 2017 - Returned to USA/NOA1 was in the mail waiting for me delivered on August 14th according to my brother who collected my mail

September 7 2017 - 1 month into waiting for NOA2

October 7 2017 - 2 months into waiting for NOA2

November 7th 2017 - 3 months into waiting for NOA2

December 7th 2017 - 4 months into waiting for NOA2

January 7th 2018 - 5 months into waiting for NOA2

February 7th 2018 - 6 months into waiting for NOA2

February 17th 2018 - NOA2 - APPROVED!! noa1-noa2 194 days

February 20 2108 - NOA2 Mailed

February 24 2018 - NOA2 Received

March 5th 2018 - NVC Received Case

March 7th 2018 - NVC Case number received.

March 7th 2018 - DS-160 Submitted online

March 17th 2018 - Case sent to embassy

March 18th 2018 - Case Arrived embassy NVC says "Ready"

March 23 2018 - Medical exam completed

April 30 2018 - Interview - 221g - Administrative processing

December 12 2018 - Email from embassy Administrative processing completed request to send passport, new 221g , new medical

December 24 2018 - New medical exam

January 9 2019 - Medical ready for pickup, sent passport to embassy

January 10 2019 - Passport received by embassy.....case update as well

January 11 2019 - CEAC page shows visa status ISSUED!

January 14 2019 - Visa received.

January 15 2019 - POE - Dallas Ft Worth - Arrived Mobile Al airport - now home with me.

 

 

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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.

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