What visa will my fiancé need in order to travel between the US and overseas? 3 Answers as of February 18, 2011

I am an American and a missionary in Haiti, but am currently living and working in New York. My fiance is coming to the USA on a K-1 visa. We are planning to get married but eventually want to move down to Haiti. I want to be able to come to the United States with my husband to visit my family whenever we want. What paperwork do I need to fill out in order to do this? What visa does he need?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
After she arrives as a K1 you have to marry within 90 days. Once you are married she has to file for adjustment of status. There are several requirements to doing so. Once her AOS is approved she will be granted Conditional Residence Status for two years. This process (not including the K1 process) will take 6 months or more. As a Conditional Resident she will need permission to remain out the U.S. for more than 6 months. Also, as conditional resident she will have to file a petition to remove her conditional status before it expires. You may find that you will have problems if after becoming a conditional resident she leaves the U.S. and moves to Haiti. You should speak to an immigration attorney for more information since your situation will be complicated.
Answer Applies to: California
Replied: 2/18/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
After your husband gets his residency you can travel to Haiti with him. If however you and he plan to live or stay there for more than a year then he will have apply for a reentry permit that would allow him to stay out of the country for 2 years without losing his green card.
Answer Applies to: Florida
Replied: 2/18/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
after you get married, he will get his conditioned green card and thus he must stay in US 6 months out of a year. If not, he will be perceived as having abandoned the green card. Or you will be okay if you wait for him to become citizen after 3 years of marrying you. Good luck!
Answer Applies to: Florida
Replied: 2/18/2011
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