not moving to US

[kristinmadu 0]

so my fiance and i are overseas presently and we applied for a K-1 in november. we've decided to stay overseas but obviously we still have the visa in progress. if we get approved, we'll still get married in the US, but we'll just head back abroad instead of living there and applying for the green card.

does anyone think this will have an impact on them approving or denying the visa?

we couldn't get a tourist visa for him, we didn't even try...single guy, no assets, etc.

thanks!

[William33 110]

so my fiance and i are overseas presently and we applied for a K-1 in november. we've decided to stay overseas but obviously we still have the visa in progress. if we get approved, we'll still get married in the US, but we'll just head back abroad instead of living there and applying for the green card.

does anyone think this will have an impact on them approving or denying the visa?

we couldn't get a tourist visa for him, we didn't even try...single guy, no assets, etc.

thanks!

The highlighted revelation will likely cause a denial for the visa, since you will not be in a position to adjust status in the requisite time frame. AOS is the expectation of USCIS.

[geezer 1]

so my fiance and i are overseas presently and we applied for a K-1 in november. we've decided to stay overseas but obviously we still have the visa in progress. if we get approved, we'll still get married in the US, but we'll just head back abroad instead of living there and applying for the green card.

does anyone think this will have an impact on them approving or denying the visa?

we couldn't get a tourist visa for him, we didn't even try...single guy, no assets, etc.

thanks!

If you move back before adjusting status the k-1 will be considered abondoned.

If you are planning to move back anyway why dont you just cancel the K-1, marry there when you want and do a DCF when you are ready to return to the USA permenantly?

[maliciant 7]

Considering the hassle, it's probably so her fiancee can actually meet some of her family, see a bit of america, etc, which is apparently going to be hard without the k-1 which is already applied and paid for... I don't think it'd be a case of visa fraud to use it to enter the US, and get married... and then leave instead of adjusting status, even though this would be odd.

I suspect in most cases the countries that it's hard to get a visitors visa for a young single person might be easier once they are married, especially to an american, so it'll probably be possible to get a normal visitors visa in the future after marriage in this case (but I'm no expert).

[desert_fox 32]

so my fiance and i are overseas presently and we applied for a K-1 in november. we've decided to stay overseas but obviously we still have the visa in progress. if we get approved, we'll still get married in the US, but we'll just head back abroad instead of living there and applying for the green card.

does anyone think this will have an impact on them approving or denying the visa?

we couldn't get a tourist visa for him, we didn't even try...single guy, no assets, etc.

thanks!

The highlighted revelation will likely cause a denial for the visa, since you will not be in a position to adjust status in the requisite time frame. AOS is the expectation of USCIS.

Should have no effect on the petition approvql process, since USCIS is not aware of your intentions. There is no requisite time to adjust status. Problem will be that once you leave the US, your husband will not be able to reenter the US without another visa.

[pushbrk 12,569]

so my fiance and i are overseas presently and we applied for a K-1 in november. we've decided to stay overseas but obviously we still have the visa in progress. if we get approved, we'll still get married in the US, but we'll just head back abroad instead of living there and applying for the green card.

does anyone think this will have an impact on them approving or denying the visa?

we couldn't get a tourist visa for him, we didn't even try...single guy, no assets, etc.

thanks!

The highlighted revelation will likely cause a denial for the visa, since you will not be in a position to adjust status in the requisite time frame. AOS is the expectation of USCIS.

Should have no effect on the petition approvql process, since USCIS is not aware of your intentions. There is no requisite time to adjust status. Problem will be that once you leave the US, your husband will not be able to reenter the US without another visa.

Exactly. Nothing at all wrong with your plan. If it doesn't change before then and you actually leave without filing AOS, you'll just need to go through the appropriate spouse process if and when you want him to actually immigrate.

[kristinmadu 0]

so during the interview he needs to act like he's moving to the US? i really don't want to get caught in a lie, and my employer is here in another country so all our financial documents (employment contract) reflect that.

[msu17 0]

Typically they'll assume you are staying. They may ask if you are still going to get married within 90 days of entry, which you can honestly say yes to. This is a situation where you don't tell unless they ask. Of course you want answer honestly if they directly ask if you will be residing in the US.

[Krikit 1,163]

Among other things, some of the paperwork requires the beneficiary to enter the address of where they will be living in the US and how long they intend on staying. The petitioner also requires a US address for a K-1, do they not? You will also hit a snag when you need to provide your tax and employer information. When you accumulate that type of evidence it's going to be fairly easy to spot a lie.

[Completely 3]

so my fiance and i are overseas presently and we applied for a K-1 in november. we've decided to stay overseas but obviously we still have the visa in progress. if we get approved, we'll still get married in the US, but we'll just head back abroad instead of living there and applying for the green card.

does anyone think this will have an impact on them approving or denying the visa?

we couldn't get a tourist visa for him, we didn't even try...single guy, no assets, etc.

thanks!

Do you work for american company overseas? Because I have a friend here, shes under K1 Visa got approved and came back in the middle east after being in the US for 3 weeks.. They got married there and came back here and applied for Advance Parole. Now she is holding a Conditional Greencard.

[beejay 123]

Among other things, some of the paperwork requires the beneficiary to enter the address of where they will be living in the US and how long they intend on staying. The petitioner also requires a US address for a K-1, do they not? You will also hit a snag when you need to provide your tax and employer information. When you accumulate that type of evidence it's going to be fairly easy to spot a lie.

I was living abroad with my fiance when we applied for the K1. I believe I put my overseas address on the forms and didn't have an issue. As far as filing taxes I didn't pay anything and I didn't get any refunds but I still filed my taxes all the years I was gone. I don't think I made enough from my overseas income to actually be required to file taxes but I did anyway and it worked in my favor when I had to show my tax returns during the interview. The only issue with petitioning then applying for a K1 while living abroad is that you will need a joint sponsor for your I-134 as your overseas income will not count unless, I believe, it is from an American company.

As pushbrk stated it is not a requirement that you adjust status from a K1, it is just what most people do. I don't think there is any need to lie about returning to Sri Lanka after you are married. That is a perfectly acceptable use of the K1 process especially as a tourist visa seems out of the question.

On another note I have been to Sri Lanka and it is a beautiful county and I loved the short time that I spent there. I'm going to generalize here but I worked with quite a few Sri Lankans while living abroad and they were some of the friendliest and most sincere people that I met. I wish you and your fiance the best.

Good luck with everything!

[Elghazi2008 4]

so my fiance and i are overseas presently and we applied for a K-1 in november. we've decided to stay overseas but obviously we still have the visa in progress. if we get approved, we'll still get married in the US, but we'll just head back abroad instead of living there and applying for the green card.

does anyone think this will have an impact on them approving or denying the visa?

we couldn't get a tourist visa for him, we didn't even try...single guy, no assets, etc.

thanks!

The highlighted revelation will likely cause a denial for the visa, since you will not be in a position to adjust status in the requisite time frame. AOS is the expectation of USCIS.

I don't think there would be anything wrong with you doing that. If you leave instead of filing AOS, that just means that when you are ready to return to the US, you will have to file the K3 or other petition since the K1 will no longer be valid due to your change in spouse status...