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Filed: Citizen (pnd) Country: Mexico
Timeline
Posted

I need any help/advice I can get! After a LONG phone conversation last night with my fiance, I'm feeling really hopeless about things right now. I guess I thought he could come here, adjust his status, stay for two years, and then we'd be free to leave the US (I have plans to work abroad in his home country, but am committed to my job here for the next year). But, I started reading some posts here and something on the USCIS website that makes it seem like even after two years we won't be able to leave the states for more than a year. I'm really confused. After two years, he'll be a permanent resident. When/how can we leave the US for more than a year? How long does the naturalization/citizenship process? Is that what he needs to do before he can leave long-term?

Also, how long does the advanced parole process usually take? Both of my fiance's parents are ill and he's worried he'll come here and not be able to go home if something happens.

I really appreciate any help you have. Things are looking pretty bleak right now! :unsure:

Naturalization (N-400)

5/17/2010 application sent to Texas Lockbox

5/20/2010 check cashed

5/25/2010 NOA

6/07/2010 biometrics letter received

6/16/2010 biometrics appointment

Posted

I have a friend(US citizen) whose husband is French--he has permanent U.S. residency. They have been married for 6 years. They moved to France for a year without any problems. I think she mentioned something about needing to return to the U.S. at least once a year to keep her husband's permanent residency valid. But they only stayed a year, so I am not sure about that detail.

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

He has to obtain US Citizenship.

Otherwise he has to maintain the US as his permanent residence.

Or you can just start again when you want to come back.

There are some exceptions that might help, are you being moved by US Gov or US Multinational?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country: United Kingdom
Timeline
Posted
I think she mentioned something about needing to return to the U.S. at least once a year to keep her husband's permanent residency valid. But they only stayed a year, so I am not sure about that detail.

Returning once a year to maintain PR status is old info that I'm afraid will not be valid in the future. There is a lot more to keeping your PR status (details at uscis.gov for starters)

karakmitchell,

we weren't ready to give up our foreign home either, so we didn't, but we didn't take up employment abroad either (that might complicate your plan).

At its most basic, your (then) husband will be eligible to naturalize after 3 years as a PR (green card). Since he is coming on a K-1 and will still need to adjust status, and there is a delay of up to a year to complete naturalization after applying, you're looking at 5 years or so before he can come and go at will.

If you are seriously interested in pursuing a move abroad while preserving PR status in the US, you should find an immigration attorney who is *well experienced* in the topic (not all are) who can help you make a plan. It can be done, but it's very specific to your details and shouldn't be attempted on your own/via discussion group. IMO, of course. :)

An alternate is to go ahead with what you're doing, abandon PR and re-file when you want to return. Main drawback to that is a DCF or any Immigrant Visa case through Mexico is currently taking a year to finish.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: K-1 Visa Country: Philippines
Timeline
Posted
He has to obtain US Citizenship.

Otherwise he has to maintain the US as his permanent residence.

Or you can just start again when you want to come back.

There are some exceptions that might help, are you being moved by US Gov or US Multinational?

I'm in a similar situation. I will be moved by the U.S. Government approximately 1 year after my fiancee arrives in the states & we are married. How will the move influence our situation, & will she be able to move with me?

Filed: K-1 Visa Country: Wales
Timeline
Posted

He has to obtain US Citizenship.

Otherwise he has to maintain the US as his permanent residence.

Or you can just start again when you want to come back.

There are some exceptions that might help, are you being moved by US Gov or US Multinational?

I'm in a similar situation. I will be moved by the U.S. Government approximately 1 year after my fiancee arrives in the states & we are married. How will the move influence our situation, & will she be able to move with me?

Take professional advice, but if you are moved by the Gov then she should be OK.

You need to check on any visa aspects that she may have in joining you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Mexico
Timeline
Posted

kara, just in case you didnt get me email, give me a call!

February 28, 2004 Pedro and I began to date :)

May 24, 2005 I-129F packet sent to NSC

May 26, 2005 I-129F packet arrives at NSC

May 27, 2005 NOA1 (online)

June 3, 2005 NOA1 received by snail mail (dated May 27)

August 22, 2005 NOA2 (online)

August 25, 2005 NOA2 (snailmail)

August 25, 2005 forwarded to NVC

September 12, 2005 forwarded to Consulate (Ciudad Juarez)

October 6, 2005 Consulate says it has received our papers (email)

October 25, 2005 receive Packet 3 (in U.S.)

October 26, 2005 I leave for Juarez (interview!)

October 31, 2005 Pedro gets his visa:)

December 9, 2005 Pedro arrives

December 22, 2005 small wedding

January 30, 2006 NOA 1 receipt date (EAD, AP, AOS)

April 18, 2006 EAD, AOS Biometrics (78 days)

June 23, 2006 large wedding

June 29, 2006 AOS interview

June 30, 2006 AOS approved online

 
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