HELP ME please! Situation changed, is this the right visa for us??

[pushbrk 13,099]

Dear VJ members,

First let me say thanks for all the info that I have been able to glean since starting this process. Now we're in a jam and really need some clarification and advice.

A couple of weeks ago we received Packet 3 from the consulate for the K1 Fiance visa. So the natural thing to do is get it done and send it in so that my fiance can schedule the interview asap and he comes over, right? Well, the US economy is so bad right now that we absolutely can't afford to have him leave his very good overseas job until things improve a little. (I've been laid off and having trouble finding a new job since no one is hiring. We have kids who live with me in the US so his job provides health insurance and financial support right now.)

So is pursuing the K1 Fiance visa the best option for our changed situation?? This is what we want to do while I continue to live in the US:

1) He enters the US on the proper (K1?) visa

2) We marry immediately

3) He files for the SS card and EAD

4) He immediately leaves the US and goes back to his job while the EAD is processing

5) He would settle permanently in US in mid 2010 but visit us every 2 months.

6) Be able to work immediately when he comes to live here.

Is this at all possible or am I asking for the moon? Please help! Any comments or suggestions would be VERY appreciated!

********

10/28/2008 Sent I-129 application to CSC

11/08/2008 Received NOA1

01/23/2009 Received NOA2

01/26/2009 Consulate received NOA2

01/28/2009 Packet 3 received by email from Consulate

***********

He would need to obtain Advance Parole before leaving or you would start the whole process over. However, he can apply for emergency AP at the nearest USCIS office.

Thanks. But I have heard that AP is only granted in emergency situations (like death or serous illness in the family) and can take a long time to receive anyway. He can't be away from his job for more than 2 weeks. If AP were granted, would he be able to come back to visit the US every two months until he moves here next year?

Not true. We have already disussed this with the USCIS in our case. My wife's son stayed behind for college. He will come here in July (within one year of her K-1 issuance) and we will immediately adjust status and apply for an "emergency" AP. We have been told we will be granted this emergency AP before he needs to return to Russia for the university in late August and that they will further, try to get his biometrics and interview done before he leaves, but at minimum, he will get the AP and be able to finish the AOS when he returns next summer, 2010, worst case. Best case, they will get the interview done (hey, ours took less than two months from filing) and they will send his green card to the embassy in Moscow for him to pick up.

Best bet is to be straight and upfront with your local office and they will try to help, at least that was our experience with both the Kyiv consulate and the local USCIS office. They have both been very helpful in coordinating this for us. You aren't doing anything wrong and they really have been very helpful in tryig to do this so our son doesn't miss any of his education.

Gary -

This is an interesting post.

Does your wife's son plan on traveling back and forth intermittently to the US during this time period?

I'm wondering because the common wisdom is not to be out of the country for longer than 6 months at a time.

And also - have you discussed this plan with an immigration attorney? No offense meant, but we do read postings here of applicants being told incorrect information at the Local offices (although this is much more infrequent than incorrect information being doled out by calling the I-800 number).

I think in general USCIS understands that students can maintain permanent resident status in the US while studying abroad, particularly when their parent maintains US residence and their clear intention is to do so themselves, once the education is complete. CBP understands this too.

[rebeccajo 14]

Dear VJ members,

First let me say thanks for all the info that I have been able to glean since starting this process. Now we're in a jam and really need some clarification and advice.

A couple of weeks ago we received Packet 3 from the consulate for the K1 Fiance visa. So the natural thing to do is get it done and send it in so that my fiance can schedule the interview asap and he comes over, right? Well, the US economy is so bad right now that we absolutely can't afford to have him leave his very good overseas job until things improve a little. (I've been laid off and having trouble finding a new job since no one is hiring. We have kids who live with me in the US so his job provides health insurance and financial support right now.)

So is pursuing the K1 Fiance visa the best option for our changed situation?? This is what we want to do while I continue to live in the US:

1) He enters the US on the proper (K1?) visa

2) We marry immediately

3) He files for the SS card and EAD

4) He immediately leaves the US and goes back to his job while the EAD is processing

5) He would settle permanently in US in mid 2010 but visit us every 2 months.

6) Be able to work immediately when he comes to live here.

Is this at all possible or am I asking for the moon? Please help! Any comments or suggestions would be VERY appreciated!

********

10/28/2008 Sent I-129 application to CSC

11/08/2008 Received NOA1

01/23/2009 Received NOA2

01/26/2009 Consulate received NOA2

01/28/2009 Packet 3 received by email from Consulate

***********

He would need to obtain Advance Parole before leaving or you would start the whole process over. However, he can apply for emergency AP at the nearest USCIS office.

Thanks. But I have heard that AP is only granted in emergency situations (like death or serous illness in the family) and can take a long time to receive anyway. He can't be away from his job for more than 2 weeks. If AP were granted, would he be able to come back to visit the US every two months until he moves here next year?

Not true. We have already disussed this with the USCIS in our case. My wife's son stayed behind for college. He will come here in July (within one year of her K-1 issuance) and we will immediately adjust status and apply for an "emergency" AP. We have been told we will be granted this emergency AP before he needs to return to Russia for the university in late August and that they will further, try to get his biometrics and interview done before he leaves, but at minimum, he will get the AP and be able to finish the AOS when he returns next summer, 2010, worst case. Best case, they will get the interview done (hey, ours took less than two months from filing) and they will send his green card to the embassy in Moscow for him to pick up.

Best bet is to be straight and upfront with your local office and they will try to help, at least that was our experience with both the Kyiv consulate and the local USCIS office. They have both been very helpful in coordinating this for us. You aren't doing anything wrong and they really have been very helpful in tryig to do this so our son doesn't miss any of his education.

Gary -

This is an interesting post.

Does your wife's son plan on traveling back and forth intermittently to the US during this time period?

I'm wondering because the common wisdom is not to be out of the country for longer than 6 months at a time.

And also - have you discussed this plan with an immigration attorney? No offense meant, but we do read postings here of applicants being told incorrect information at the Local offices (although this is much more infrequent than incorrect information being doled out by calling the I-800 number).

I think in general USCIS understands that students can maintain permanent resident status in the US while studying abroad, particularly when their parent maintains US residence and their clear intention is to do so themselves, once the education is complete. CBP understands this too.

Well, it makes sense that they should. Being overly cautious though as I am with the Service, I'd feel better if I had it verified (if it were my case, that is).

And if it's so that USCIS understands a student scenario, that understanding may not extend to a person trying to earn a living overseas?

Edited February 15, 2009 by rebeccajo