Calling all the experts......

[missmissy 38]

My Danish fiance has just accepted a job in Africa. He will move to the Congo Republic in August. We expect our NOA2 sometime in July/August. My question(s) - what do we do as far as the K1 so he can leave and go back to work after we are married? Is this something I can start working on as soon as the NOA2 arrives or do we wait until we are married.....

Some background - he was denied entry last October for using the VWP too many times. No notes in his passport but that's a lifetime ban from ever using VWP again. He tried to get a tourist visa to come to see us but was denied (Denmark will not issue a tourist visa while a K visa is being processed). It's important that he be able to come and go from the U.S. once we are married. I will not be moving with him for now, I have my own job here, we bought a house last year and this particular job is just a 2 year contract. He will be back permanently after that is over.

We don't want to abandon the K1, my mother is terminally ill and wants to see him again and would like to see us married before she dies.....

What would be the best approach to all of this?

[john_and_marlene 162]

There is no solution for what you want to do.

The K1 is for a single entry to get married. If he is not planning on residing in the US after marriage then he will have to apply for a visa if he wants to visit. Since he will be married to you, obtaining a visitor's visa may be very difficult as he will have strong ties within the US. If you eventually decide to unite and live in the US, you will have to submit a new spouse petition.

There is no visa/status/document that allows a nonimmigrant to come and go as they please.

[missmissy 38]

There is no solution for what you want to do.

The K1 is for a single entry to get married. If he is not planning on residing in the US after marriage then he will have to apply for a visa if he wants to visit. Since he will be married to you, obtaining a visitor's visa may be very difficult as he will have strong ties within the US. If you eventually decide to unite and live in the US, you will have to submit a new spouse petition.

There is no visa/status/document that allows a nonimmigrant to come and go as they please.

So, no Advance Parole? I have NO options at all? Other people that are married - do their spouses just give up their jobs and hope for one in the U.S.?

[Nik+Heather 121]

There is no solution for what you want to do.

The K1 is for a single entry to get married. If he is not planning on residing in the US after marriage then he will have to apply for a visa if he wants to visit. Since he will be married to you, obtaining a visitor's visa may be very difficult as he will have strong ties within the US. If you eventually decide to unite and live in the US, you will have to submit a new spouse petition.

There is no visa/status/document that allows a nonimmigrant to come and go as they please.

So, no Advance Parole? I have NO options at all? Other people that are married - do their spouses just give up their jobs and hope for one in the U.S.?

After he enters, you'll have to get married, wait for your marriage cert, file AOS/AP and then wait for the AP to be approved before he can leave. Is there a 3+ month provision for leave in this 2 year contract? He definitely can't leave before then. Even if he could get multiple entries on AP once he's come on K1 and applied for AOS, I can't imagine that he'll fulfill any 'residency' requirement for permanent RESIDENT. Common sense says that 1. They can tell how much time he has spent outside of the US and 2. Spending enough time outside the US to carry on a full time job is the abandonment of residency.

Read this: http://www.visajourney.com/wiki/index.php/...anent_Residence

However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

That also applies to AFTER having gotten the green card.

And to answer your other question, YES, I believe that the majority of beneficiaries on this site DO expect to quit their job, sell their things, pack up the rest and move here to start from scratch. That is why we petitioners must prove that we can financially support them during this time of unemployment.

If he really wants to do this 2 year international job, better to cancel the K1, marry, and apply for a CR-1 visa. Or, continue on the K1, let him come here, visit your mother, marry, and then go back to work while you apply for the CR-1.

[Minya's wife 25]

There is no solution for what you want to do.

The K1 is for a single entry to get married. If he is not planning on residing in the US after marriage then he will have to apply for a visa if he wants to visit. Since he will be married to you, obtaining a visitor's visa may be very difficult as he will have strong ties within the US. If you eventually decide to unite and live in the US, you will have to submit a new spouse petition.

There is no visa/status/document that allows a nonimmigrant to come and go as they please.

So, no Advance Parole? I have NO options at all? Other people that are married - do their spouses just give up their jobs and hope for one in the U.S.?

Another option is getting the K-1, entering the US and marrying, after which he can leave and go back to his job. You can file the I-130 spousal visa when he is ready to emigrate to the US permanently. (That still doesn't solve the come and go freely from the US issue, but you may have to resolve that by you going to visit him during this time....but this way he can come see you, your mother and you can get married.)

-P

[missmissy 38]

There is no solution for what you want to do.

The K1 is for a single entry to get married. If he is not planning on residing in the US after marriage then he will have to apply for a visa if he wants to visit. Since he will be married to you, obtaining a visitor's visa may be very difficult as he will have strong ties within the US. If you eventually decide to unite and live in the US, you will have to submit a new spouse petition.

There is no visa/status/document that allows a nonimmigrant to come and go as they please.

So, no Advance Parole? I have NO options at all? Other people that are married - do their spouses just give up their jobs and hope for one in the U.S.?

After he enters, you'll have to get married, wait for your marriage cert, file AOS/AP and then wait for the AP to be approved before he can leave. Is there a 3+ month provision for leave in this 2 year contract? He definitely can't leave before then. Even if he could get multiple entries on AP once he's come on K1 and applied for AOS, I can't imagine that he'll fulfill any 'residency' requirement for permanent RESIDENT. Common sense says that 1. They can tell how much time he has spent outside of the US and 2. Spending enough time outside the US to carry on a full time job is the abandonment of residency.

Read this: http://www.visajourney.com/wiki/index.php/...anent_Residence

However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

That also applies to AFTER having gotten the green card.

And to answer your other question, YES, I believe that the majority of beneficiaries on this site DO expect to quit their job, sell their things, pack up the rest and move here to start from scratch. That is why we petitioners must prove that we can financially support them during this time of unemployment.

If he really wants to do this 2 year international job, better to cancel the K1, marry, and apply for a CR-1 visa. Or, continue on the K1, let him come here, visit your mother, marry, and then go back to work while you apply for the CR-1.

That's pretty much what we had decided to do - go ahead with the K1 and visit and then file for CR1 later on. This was not in our plans and VERY unexpected but just too good of an opportunity to pass up. I had a big morning of panic and then calmed down. I appreciate you taking the time to reply.

[scandal 951]

There is no solution for what you want to do.

The K1 is for a single entry to get married. If he is not planning on residing in the US after marriage then he will have to apply for a visa if he wants to visit. Since he will be married to you, obtaining a visitor's visa may be very difficult as he will have strong ties within the US. If you eventually decide to unite and live in the US, you will have to submit a new spouse petition.

There is no visa/status/document that allows a nonimmigrant to come and go as they please.

So, no Advance Parole? I have NO options at all? Other people that are married - do their spouses just give up their jobs and hope for one in the U.S.?

After he enters, you'll have to get married, wait for your marriage cert, file AOS/AP and then wait for the AP to be approved before he can leave. Is there a 3+ month provision for leave in this 2 year contract? He definitely can't leave before then. Even if he could get multiple entries on AP once he's come on K1 and applied for AOS, I can't imagine that he'll fulfill any 'residency' requirement for permanent RESIDENT. Common sense says that 1. They can tell how much time he has spent outside of the US and 2. Spending enough time outside the US to carry on a full time job is the abandonment of residency.

Read this: http://www.visajourney.com/wiki/index.php/...anent_Residence

However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

That also applies to AFTER having gotten the green card.

And to answer your other question, YES, I believe that the majority of beneficiaries on this site DO expect to quit their job, sell their things, pack up the rest and move here to start from scratch. That is why we petitioners must prove that we can financially support them during this time of unemployment.

If he really wants to do this 2 year international job, better to cancel the K1, marry, and apply for a CR-1 visa. Or, continue on the K1, let him come here, visit your mother, marry, and then go back to work while you apply for the CR-1.

Overall, I agree with Nik+Heather's excellent post. I am uncomfortable only with the last part (bold).

I would strongly advise against continuing with a K1 if you in advance have intent to abandon his immigrant petition to adjust status. That smacks of deception to me. If you use the K1, use it with its proper intent - to enter (once), marry, adjust status, and remain in the US as an immigrant. Don't use a K1 as a "temporary" solution to your problems, or as a stopgap until you file some other visa category. That doesn't smell right to me, and I'm sure it won't smell right to USCIS.

[Bobby+Umit 161]

Overall, I agree with Nik+Heather's excellent post. I am uncomfortable only with the last part (bold).

I would strongly advise against continuing with a K1 if you in advance have intent to abandon his immigrant petition to adjust status. That smacks of deception to me. If you use the K1, use it with its proper intent - to enter (once), marry, adjust status, and remain in the US as an immigrant. Don't use a K1 as a "temporary" solution to your problems, or as a stopgap until you file some other visa category. That doesn't smell right to me, and I'm sure it won't smell right to USCIS.

I haven't seen anything in my trolling on USCIS that would cause this to be an issue. As long as they were married in the 90 days after arrival, it's really up to them if they file for the AOS, or he goes home, and they file some other sort of visa.

(The best way is to file for the AOS/AP - and leave on the AP - but there is a time delay)

There are posts where people came in on a K-1, got married, for some reason or another had to leave before (AOS/AP) and had no issues applying for a different visa (CR-1). Things happen...

With that said, I would go to Denmark, marry, then file for the CR-1 down the road, when he is closer on actually able to come to the US.

The other real question is to the OP - do you intend on being with him? Or are you remaining in the US?

Perhaps if you follow him (after being married) - and you do whatever they need to be done for the DCF - you can file that way?

[Nik+Heather 121]

(snipped)

Or, continue on the K1, let him come here, visit your mother, marry, and then go back to work while you apply for the CR-1.

Overall, I agree with Nik+Heather's excellent post. I am uncomfortable only with the last part (bold).

I would strongly advise against continuing with a K1 if you in advance have intent to abandon his immigrant petition to adjust status. That smacks of deception to me. If you use the K1, use it with its proper intent - to enter (once), marry, adjust status, and remain in the US as an immigrant. Don't use a K1 as a "temporary" solution to your problems, or as a stopgap until you file some other visa category. That doesn't smell right to me, and I'm sure it won't smell right to USCIS.

It's true, I wouldn't normally recommend that, but this is one of those cases where plans changed in the middle, not one of those where they aren't sure they want to get married, but petitioned anyway - THOSE annoy the ####### out of me!! I don't think it's reasonable that because circumstances changed over a months long process that they shouldn't use it this way. It's a difficult situation all around. This is one of those times (and I rarely feel this way) that I think that if they want to take the financial hit to do this, it's their own choice.

Certainly, I think that at the K1 interview he should say that he is intending to finish out a 2 year contract internationally. Maybe they will tell him to either forget those plans or forget the K1. Let them make such a determination. And, when a second visa is applied for, an explanation of the reason why the K1 wasn't completed normally will follow.

I do agree with you that the ideal situation is to come here and stay. I just have a special place in my heart for those lucky enough to get jobs in international, sometimes exotic locations.

[missmissy 38]

There is no solution for what you want to do.

The K1 is for a single entry to get married. If he is not planning on residing in the US after marriage then he will have to apply for a visa if he wants to visit. Since he will be married to you, obtaining a visitor's visa may be very difficult as he will have strong ties within the US. If you eventually decide to unite and live in the US, you will have to submit a new spouse petition.

There is no visa/status/document that allows a nonimmigrant to come and go as they please.

So, no Advance Parole? I have NO options at all? Other people that are married - do their spouses just give up their jobs and hope for one in the U.S.?

After he enters, you'll have to get married, wait for your marriage cert, file AOS/AP and then wait for the AP to be approved before he can leave. Is there a 3+ month provision for leave in this 2 year contract? He definitely can't leave before then. Even if he could get multiple entries on AP once he's come on K1 and applied for AOS, I can't imagine that he'll fulfill any 'residency' requirement for permanent RESIDENT. Common sense says that 1. They can tell how much time he has spent outside of the US and 2. Spending enough time outside the US to carry on a full time job is the abandonment of residency.

Read this: http://www.visajourney.com/wiki/index.php/...anent_Residence

However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

That also applies to AFTER having gotten the green card.

And to answer your other question, YES, I believe that the majority of beneficiaries on this site DO expect to quit their job, sell their things, pack up the rest and move here to start from scratch. That is why we petitioners must prove that we can financially support them during this time of unemployment.

If he really wants to do this 2 year international job, better to cancel the K1, marry, and apply for a CR-1 visa. Or, continue on the K1, let him come here, visit your mother, marry, and then go back to work while you apply for the CR-1.

Overall, I agree with Nik+Heather's excellent post. I am uncomfortable only with the last part (bold).

I would strongly advise against continuing with a K1 if you in advance have intent to abandon his immigrant petition to adjust status. That smacks of deception to me. If you use the K1, use it with its proper intent - to enter (once), marry, adjust status, and remain in the US as an immigrant. Don't use a K1 as a "temporary" solution to your problems, or as a stopgap until you file some other visa category. That doesn't smell right to me, and I'm sure it won't smell right to USCIS.

I honestly don't know what the "right" thing to do is. I have no intention of trying to deceive anyone. We just want to do what we can to get married, get his visa and get on with our lives. I don't want to abandon anything at this point, it's been almost a year of waiting for us before we ever flied anything. Ideally, what I'd like to do is get married, try for expedited advanced parole and go from there. We own a house together, we have joint bank accounts, we have an actual life here and he has the ability with this new job to come back every 90 days for three weeks so I don't really feel that he would be abandoning anything. I put this out here today because I really don't know what to do and it's not like I can call up USCIS and ask them!

[missmissy 38]

(snipped)

Or, continue on the K1, let him come here, visit your mother, marry, and then go back to work while you apply for the CR-1.

Overall, I agree with Nik+Heather's excellent post. I am uncomfortable only with the last part (bold).

I would strongly advise against continuing with a K1 if you in advance have intent to abandon his immigrant petition to adjust status. That smacks of deception to me. If you use the K1, use it with its proper intent - to enter (once), marry, adjust status, and remain in the US as an immigrant. Don't use a K1 as a "temporary" solution to your problems, or as a stopgap until you file some other visa category. That doesn't smell right to me, and I'm sure it won't smell right to USCIS.

It's true, I wouldn't normally recommend that, but this is one of those cases where plans changed in the middle, not one of those where they aren't sure they want to get married, but petitioned anyway - THOSE annoy the ####### out of me!! I don't think it's reasonable that because circumstances changed over a months long process that they shouldn't use it this way. It's a difficult situation all around. This is one of those times (and I rarely feel this way) that I think that if they want to take the financial hit to do this, it's their own choice.

Certainly, I think that at the K1 interview he should say that he is intending to finish out a 2 year contract internationally. Maybe they will tell him to either forget those plans or forget the K1. Let them make such a determination. And, when a second visa is applied for, an explanation of the reason why the K1 wasn't completed normally will follow.

I do agree with you that the ideal situation is to come here and stay. I just have a special place in my heart for those lucky enough to get jobs in international, sometimes exotic locations.

Thanks. I want to be very clear about this - our plans had been to be together here in Mississippi in the house we bought together last year. We have always intended to be here, married and living together. This job came up last week and then this morning at 4:00 a.m. the call - I took the job!! After my mother dies, I will probably go and live there with him until the contract is complete. I don't think we will have any problem proving a bona fide relationship.

Africa is a little exciting, isn't it?

[missmissy 38]

Overall, I agree with Nik+Heather's excellent post. I am uncomfortable only with the last part (bold).

I would strongly advise against continuing with a K1 if you in advance have intent to abandon his immigrant petition to adjust status. That smacks of deception to me. If you use the K1, use it with its proper intent - to enter (once), marry, adjust status, and remain in the US as an immigrant. Don't use a K1 as a "temporary" solution to your problems, or as a stopgap until you file some other visa category. That doesn't smell right to me, and I'm sure it won't smell right to USCIS.

I haven't seen anything in my trolling on USCIS that would cause this to be an issue. As long as they were married in the 90 days after arrival, it's really up to them if they file for the AOS, or he goes home, and they file some other sort of visa.

(The best way is to file for the AOS/AP - and leave on the AP - but there is a time delay)

There are posts where people came in on a K-1, got married, for some reason or another had to leave before (AOS/AP) and had no issues applying for a different visa (CR-1). Things happen...

With that said, I would go to Denmark, marry, then file for the CR-1 down the road, when he is closer on actually able to come to the US.

The other real question is to the OP - do you intend on being with him? Or are you remaining in the US?

Perhaps if you follow him (after being married) - and you do whatever they need to be done for the DCF - you can file that way?

Yay Bobby!! I was hoping that you'd show up and give me your wise advice. Thank you obi wan bobby! Yes, I will join him after my mother dies and live with him there. Not sure we can DCF in Congo though....they just re-opened the Embassy there in Brazzaville after it was closed due to civil war.

[Nik+Heather 121]

Africa is a little exciting, isn't it?

Am SOOO envious. Will you keep a blog, with pictures?

Edited June 23, 2009 by Nik+Heather

[missmissy 38]

Africa is a little exciting, isn't it?

Am SOOO envious. Will you keep a blog, with pictures?

Absolutely! I kept a blog while we lived in Sweden in 2007 but our lives were sooo boring there, eating, napping, reading....you can only blog about that for so long! We are planning on honeymooning in South Africa and Egypt. I have always wanted to see the pyramids and....and....and....just so many things.

We feel like our lives are finally moving forward again. It's not exactly what we thought it would be but it is one big #### adenture and we are EXCITED!

[missmissy 38]

There is no solution for what you want to do.

The K1 is for a single entry to get married. If he is not planning on residing in the US after marriage then he will have to apply for a visa if he wants to visit. Since he will be married to you, obtaining a visitor's visa may be very difficult as he will have strong ties within the US. If you eventually decide to unite and live in the US, you will have to submit a new spouse petition.

There is no visa/status/document that allows a nonimmigrant to come and go as they please.

So, no Advance Parole? I have NO options at all? Other people that are married - do their spouses just give up their jobs and hope for one in the U.S.?

Another option is getting the K-1, entering the US and marrying, after which he can leave and go back to his job. You can file the I-130 spousal visa when he is ready to emigrate to the US permanently. (That still doesn't solve the come and go freely from the US issue, but you may have to resolve that by you going to visit him during this time....but this way he can come see you, your mother and you can get married.)

-P

Thanks, I think that is the plan now!