QUESTION
I am a Canadian citizen (born in Iran) who have been in the USA since 2012 and currently I have a green card and working as a permanent resident.
Asked on Jul 18th, 2024 on Immigration - Washington
More details to this question:
I have questions regarding marrying someone outside USA and bringing them here. I understand that I am not eligible to use the K1 fiancé visa. I also have learned that normally the marriage must occur outside USA, and a wait time of 5 years must pass until my spouse may get a green card. So here are my questions: 1) During this 5 years, can I stay with my spouse outside USA without losing my own green card? Can we both come to USA after this 5 years? 2) What if she is able to come to USA as a tourist (from EU or Australia)? Can we apply for this process and wait 5 years inside USA instead? If so, does this mean she cannot have any short vacations outside USA for 5 years? 3) What if she comes to USA under student visa or temporary work permit? Can we apply for this process and wait 5 years inside USA instead? If so, does this mean she cannot have any short vacations outside USA for 5 years? 4) Is there any other or better way to achieve my goal?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
A green card holder is obligated to maintain a domicile in the US, and six months per year in the US is generally thought of as the standard to avoid potential problems. In addition, an individual cannot leave the US for a year or more just based upon the green card. Trying to spend most of the time overseas and just touching base in the US also has risks. A person coming to the US as a tourist is not allowed to wait in the US while being petitioned under a category that is backlogged. I note, however, that the visa chart for dates for filing under the F-2A category for adjustment of status based on marriage to a permanent resident is only backlogged currently to June 15, 2024. So depending upon visa movement, a tourist in the US may be able to file for adjustment of status when the quota becomes current and remain here during the processing. On your other question of what happens if she comes as a student or on a temporary work visa, she would likely have enough time to file for adjustment of status given the movement of the F-2A category at present. Once the priority date is current and an adjustment of status application able to be filed on form I-485, an applicant can also apply for advance parole to leave the US on form I-131 Application for Travel Document during the pendency of the adjustment of status application. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 02nd, 2024 at 2:40 PM