Aos and overseas job

[ama537621]

Yuan and I just filed for her AOS, They have received her packet and cashed the check.

 

Today I was offered a HUGE opportunity at work, free housing with a very large salary, the only problem is that the first 6 months of this job are in India.

I do not think there is any chance for her greencard to arrive before that time. She might get her AP before the job starts.

 

Any suggestions other than to have her wait in the states until the 2 year Conditional greencard arrives?

 

Thanks in advance for your advice.

[dnoblett]

How long will the overseas assignment be for? Keep in mind a green-card is for permanent residency in the USA or it's territories, it is not a "permanent visa", getting the card and then moving out of the country shortly after can result in the residency status to be revoked.

 

Best to remain in the USA until getting the green-card, which can involve an interview. Once getting the card, if anticipate being out of the country more than a year but less than two years would be best to apply for a travel document (Filing another I-131).

[ama537621]

Dan, the first part of the assignment would be around 6 months in India, then a short time back in the states then a while in China setting up and getting a factory in running condition.

 

It will be about 3 months before I would have to leave if I take the job. I will just have to hope for a very fast AOS.

[dnoblett]

Dan, the first part of the assignment would be around 6 months in India, then a short time back in the states then a while in China setting up and getting a factory in running condition.

 

It will be about 3 months before I would have to leave if I take the job. I will just have to hope for a very fast AOS.

The six months in India should pose no issue with regard to maintaining the green-card, then upon the return to the USA before heading to China for the longer assignment you may consider having your spouse spend no more than 6 months with you in China, and then have return to the USA ahead of you. Keeping the periods of time away from the USA to less than 6 months will be favorable to applying for citizenship if that is desired.

 

Or after the time in India, when back in the states file an I-131 for a travel doc for when you go to China to set up the factory to allow for a longer period away from the USA without issues upon returning.

[ama537621]

Thanks, Dan. When they offered me the job I was excited then I did an Ohh crap.

I already filed an I-131 with her AOS for the 2 year greencard. I did that as a just in case the greencard takes forever, and she wanted to visit home before it comes.

[ama537621]

Thanks again Dan, Biomectrics are 8-1. Hopefully they keep the case in Buffalo because CSC is taking 6 months at least. The assignment will not be for about 3 month's. If her AP comes in a normal time we will only have about a month out of country. Then we can fly back for the interview do an infopass and get a new I-131.

 

I see that there is a financial hardship expedite option . I wonder if they will accept a $100,000.00 loss of pay a hardship?

[dnoblett]

In our case, the I-485 was sent to CSC which is a good thing, typically this results in approval without interview, case only gets sent to field office like Buffalo when they decide on an interview. At the moment it probably is sitting in Missouri (NBC) where they decide CSC or Interview.

 

You said Buffalo, where exactly are you?

[ama537621]

Wellsville