Do I need to live in United States till I receive my Temporary Green Card??

Z

zambaba90

Registered Users (C)
Hi,

I am planning to apply for Permanent Residence, as I will be marrying American Citizen.
I will get married in US Court, and file for Immigration, but since I am working abroad, I need to return back to work, and I will staying outside US.
I will return to US every 6 months for may be a week, and then return back to work.

If I file my Permanent Residence and my Spouse will stay with me in a foreign country, how does getting temporary Green Card get affected by all this, or do I need to saty in US till I receive Temporary Residence,e and then I can travel to work outside US??

Looking forward for your Comments.
 
If you plan to pursue the process inside the US by filing for adjustment of status, you need to remain in the US until you get Advance Parole, which takes 2-3 months, unless you have a visa H1B or L1 which allows such travel during the process.

But since you plan to leave the US almost immediately and remain outside the US for nearly all of the process, you should pursue the green card through a consulate in your country instead of within the US. Your spouse would file I-130 (without I-485) to initiate the process, then you can leave immediately and wait for further procedures with the consulate (including interview), which would be in about 6-12 months.
 
zambaba90 said:
Hi,


I will return to US every 6 months for may be a week, and then return back to work.

If I file my Permanent Residence and my Spouse will stay with me in a foreign country, how does getting temporary Green Card get affected by all this?
Click to expand...

The whole idea of filing for a GC is to reside in the US

Maybe you should delay your application until you are ready to move to the US
 
ghee108 said:
The whole idea of filing for a GC is to reside in the US

Maybe you should delay your application until you are ready to move to the US
Click to expand...

It seems the OP is asking about traveling and working abroad during the GC process. There's nothing wrong with remaining outside the US throughout the whole process until the day of admission into the US as a permanent resident.
 
HI,
Thanks for the feedback.
@ Jackolantern, yes my intention is to travel abroad, and work outside US till I get my Permanent Green Card, till then my American Wife will be living with me abroad.
@ghee108, thanks for your feedback, but do you think it can ruin or delay my chances of getting a Green Card if I reside outside US??

Looking forward for your feedback.
 
If you pursue the green card outside the US through a consulate, it's expected to take 6-12 months.

If you pursue the process through immigration offices within the US, you should get the green card in about 3-6 months. It's faster than outside the US, but it has the disadvantage of keeping you stuck inside the US for 2-3 months while waiting for fingerprinting and Advance Parole. They also expect you to be living together if you're pursuing adjustment within the US, which makes things tougher for you if you're outside the US away from your spouse for most of the process.
 
@ Jackolantern, do you think, if I get multiple Visa, and I get married to my Fiancee, and don't apply for immigration, and want to come back and apply for immigration later on after a year, do you think, I can come back to US without any Problem??
 
So you don't already have a tourist visa? The visa application asks about spouse/fiancee, including their citizenship status. Having a US citizen fiancee makes them suspect that you're going to overstay, so it will be difficult for you to get the visa. You'll have to work hard to convince them that you're going to leave the US and return to working in your country while you wait for the consular processing of your green card petition -- show them evidence of your job, house (if any) and other reasons for you to return to your country.

And if you don't mention your fiancee on the application, then you get married a few days or weeks later, they'll catch the lie in the green card interview, so don't plan on that course of action.

If you plan to stay outside the US for a year, it makes sense to initiate the process right after you marry because the interview in your country will be about 6-12 months later. Have your spouse file I-130 to initiate the process soon after you get married, then you can leave the US immediately and wait for the next step. The final paperwork and interview at the consulate will be due in about 6-12 months. Your spouse doesn't have to be at the interview if it's done outside the US.

After a successful interview they'll stamp your passport with an immigrant visa, and you'll have 6 months to use it to enter the US. Once you're admitted into the US with the immigrant visa, you're instantly a permanent resident and your green card will automatically be delivered to your US address in a few weeks.
 
Last edited by a moderator:
@Jackolantern, thanks for yourt valuable comments, so what do you think would be the best visa choice in my case??

1. Student Visa, and then get married in Januray, and apply for immigration after a year
2. K-1 Visa?
3. Multiple Visa for 10 years, and then get married in January, and then come back later on after a year to file for Immigration??

Looking forward to hear from you.

Please note, I dont have any of the above Visas as of now.

Looking forward for your feedback.
 
zambaba90 said:
1. Student Visa, and then get married in Januray, and apply for immigration after a year
2. K-1 Visa?
3. Multiple Visa for 10 years, and then get married in January, and then come back later on after a year to file for Immigration??
Click to expand...

None of the above makes sense if you want to marry in January and then stay outside the US for a year right after getting married.
 
If at this time you do not intend to make the United States your permanent home, then delay filing for permanent residency until you are ready to do so. A Green Card is not a visa to be used for multiple travel to and from the United States for non-residents unless you are working for a U.S. company that requires you to work abroad. You have to comply with residency requirements and of course all residents with taxable income file taxes on their world wide income, you may want to take this into account when making your decision.

All the best.
 
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