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  1. #1

    Default Working Overseas While Seeking a Green Card

    I am an F-1 student married a US citizen, applied for I-130. I wanted some suggestions/opinions/advice regarding my impasse that I am going to describe.

    I am currently pursuing my PhD and will be graduating in Summer 2016, after that I want to apply for jobs in academia like lecturer or post doc positions. For this I may have to go outside the US and stay for more than 2 yrs. I just found out that if I am granted a green card, I can not reside outside the US or be absent for than a year. So I have the following questions

    1. Should I postpone applying for the adjustment of status (I-485), since I don't know if I will get an academic job in the US. If I do stay in Europe for more than 2 yrs, my green card will be invalid and I will have to reapply again with all the fees etc. But then again, if I do get a job in the US and settle down, I won't be able to work without a work permit, so should I apply for a work permit instead?

    2. Say I do go to Europe and after 2-3 yrs I get a permanent position in the US, I would want to come back and settle down, what kind of visa/entry permit will I need to enter the US?

    3. If I am approved for the I-130, how long will it stay valid?

    Thanks

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Green Card Dilemma

    They no longer expire (technically) but they can be revoked if there's no action for 12 months.

    (read here: http://www.uscis.gov/sites/default/f...form/i-130.pdf )

    (Which basically answers everything)

  3. #3

    Default Re: Green Card Dilemma

    Umm, but then how would I enter the US if I go to Europe for 2 yrs say? Also I found on some other websites that if the petitioner calls the USCIS every year, the approved I-130 remains valid, is this true?

  4. #4
    Join Date
    Apr 2009
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    Default Re: Green Card Dilemma

    That is more or less accurate, yes. This is the quickest "simplified" version I could find, but it's current too.

    http://www.justanswer.com/immigratio...-daughter.html

  5. #5
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Working Overseas While Seeking a Green Card

    Once you get your green card, you would need to file for a I-131 Permission for Re-Entry. It can be issued for I believe up until 2 years. It can be renewed, however the renewal period if granted is much shorter. I have heard many people miss that part and think they can get a second 2 years.

    http://www.uscis.gov/i-131

  6. #6

    Default Re: Working Overseas While Seeking a Green Card

    Quote Quoting Disagreeable
    View Post
    Once you get your green card, you would need to file for a I-131 Permission for Re-Entry. It can be issued for I believe up until 2 years. It can be renewed, however the renewal period if granted is much shorter. I have heard many people miss that part and think they can get a second 2 years.

    http://www.uscis.gov/i-131
    I see, but what if I have to stay more than 2 yrs? I did read about the I-131 from the USCIS website http://www.uscis.gov/green-card/afte...anent-resident and I also read about applying for an SB-1 visa http://travel.state.gov/content/visa...sidents.html#2

    but as they mention "Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible." which will not be true in my case since if I am not returning early it's because I am working at a university in Europe.

    - - - Updated - - -

    Quote Quoting Dogmatique
    View Post
    That is more or less accurate, yes. This is the quickest "simplified" version I could find, but it's current too.

    http://www.justanswer.com/immigratio...-daughter.html
    Ah! thanks.

    - - - Updated - - -

    Also I don't know why the admin modified my post heading, since it is a little misleading, as I am questioning whether I should apply for green card itself.

    - - - Updated - - -

    A K-3 visa seems to work in my case, but since the wedding was in the US, I guess I will have to go to my country of residence (my home country?) and apply for a K-3 http://www.workpermit.com/us/family_visas/spouse.htm

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