I-130 for Kids but Living in South Korea

[cirenebrown 1]

My spouse's petition has been approved, he has his green card and is living in the US. We are wanting to file for my stepkids now to come, but I have taken an overseas duty assignment for the next five years. Does anyone have any experience with this? I am on a work Visa in South Korea, but will return in approx. 2023 after this assignment. How would that hinder the process of the I-130 for the stepkids, if in fact it will. My spouse is working at a warehouse in the US to get some familiarity with US life and to have some work history, but he will be moving to Korea permanent in January 2020. Does anyone have any advice? 

[HRQX 4,145]

34 minutes ago, cirenebrown said:

How would that hinder the process of the I-130 for the stepkids, if in fact it will.

Make sure to maintain US domicile: https://citizenpath.com/faq/country-domicile-form-i-864/

[payxibka 10,044]

How old are the kids 

[cirenebrown 1]

The are all under 18 (15, 14, 10)

Just now, cirenebrown said:

16 minutes ago, payxibka said:

How old are the kids 

The are all under 18 (15, 14, 10)

They are all under 18 (15, 14, 10)

[SusieQQQ 11,584]

Can you clarify, you talk about a “duty assignment” but also a work visa, is this a military/government posting?

[cirenebrown 1]

On ‎10‎/‎24‎/‎2019 at 12:06 PM, SusieQQQ said:

Can you clarify, you talk about a “duty assignment” but also a work visa, is this a military/government posting?

no it is not. please disregard "duty assignment" as the verbiage. I am working in south korea 

[SusieQQQ 11,584]

26 minutes ago, cirenebrown said:

no it is not. please disregard "duty assignment" as the verbiage. I am working in south korea 

Ok, so then that’s a problem, as your husband will lose his green card when he comes to join you there from January, given the length of time (longer than a year) you plan to stay there, unless he will be applying for re-entry permits? In which case he better start that process yesterday.

 

family based visas are for reunification in the US, so if you will be in Korea for over 3 years and not residing in the US, I don’t believe you can file for the step kids  till you move back. I’m trying to figure out timing from your post - did you somehow manage to get your husband’s petition approved while living in Korea?

Edited October 25, 2019 by SusieQQQ