Could not stay in US on K-1 (no jobs!)

[Roxyroo 1]

Our story is this:

I have lived and worked in Colombia for the past 3 years. My fiance and I spent the month of July in the US, he on his K-1 visa. We had been cautioned repeatedly by friends and family that this was a terrible time to think about moving to the US with the economy so horrible. I would be the primary source of income in our household, as he still needs to improve his English, so we were very concerned. We maintained our contracts with our jobs in Colombia, bought return tickets, and I held on to my apt in Bogota. The month before we get to the US, a hiring freeze was announced for NY public school teachers (that's me). So with no way of living in the US, we of course returned to Colombia. It was a great experience having him see the US and meet my family, and I wouldn't change it for the world, even with the long and expensive K-1 process, but there was no way we could move there right now.

Our plan now is to get married in Colombia and try moving to the US next summer, on a spousal visa, assuming there will be jobs then. I spoke with the embassy here and they told me I am a resident of Colombia (with my work visa) and can do Direct Consular Filing and that the process would be quick (2 months) and cheaper than a K-1.

I assume that we have to do something now to explain this situation to someone and should send a letter...? Does anyone have any idea what we do now? And if there will be any problem with abandoning this K-1 and applying in the next year for a spousal visa?

Thanks a million.

[john_and_marlene 162]

You didn't abandon the K-1 ... you used it for him to enter the U.S. and he left before his I-94 expired. The K-1 is done. Feel free to do the DCF when you are ready.

[Gary and Alla 3,694]

Our story is this:

I have lived and worked in Colombia for the past 3 years. My fiance and I spent the month of July in the US, he on his K-1 visa. We had been cautioned repeatedly by friends and family that this was a terrible time to think about moving to the US with the economy so horrible. I would be the primary source of income in our household, as he still needs to improve his English, so we were very concerned. We maintained our contracts with our jobs in Colombia, bought return tickets, and I held on to my apt in Bogota. The month before we get to the US, a hiring freeze was announced for NY public school teachers (that's me). So with no way of living in the US, we of course returned to Colombia. It was a great experience having him see the US and meet my family, and I wouldn't change it for the world, even with the long and expensive K-1 process, but there was no way we could move there right now.

Our plan now is to get married in Colombia and try moving to the US next summer, on a spousal visa, assuming there will be jobs then. I spoke with the embassy here and they told me I am a resident of Colombia (with my work visa) and can do Direct Consular Filing and that the process would be quick (2 months) and cheaper than a K-1.

I assume that we have to do something now to explain this situation to someone and should send a letter...? Does anyone have any idea what we do now? And if there will be any problem with abandoning this K-1 and applying in the next year for a spousal visa?

Thanks a million.

The K-1 is not a work visa and there was no chance of him working legally until you got married and filed for AOS so I fail to see where the disappointment comes from.

At any rate, the K-1 was used and he left the country, so it will have no affect on a future visa except for you to request a waiver for a second approved petition within 2 years, I doubt this will be a problem (and not sure it applies to a DCF anyway)

[Danu 19]

You should be fine. The forms will ask you if you have filed for a visa before, you say yes, a K-1 for my husband. You may be asked about it at the interview but going with the truth, what you just stated, should be perfectly acceptable. As long as you guys left before his 90 days were up there shouldn't be any issues for you. Best of wishes for your future!

[jpetrocxme 0]

Hi,

I wish you good luck in your next try to move to the U.S.

It is a sad situation when the economy "forces" a USC and spouse to move back to the home country of the spouse.

However, being together is more important and it says good things aobut your relationship.

Personally, I wonder if the U.S. economy will ever recover or if any recovery will be sustainable.

Good Luck to you and your future.

[john_and_marlene 162]

Our story is this:

I have lived and worked in Colombia for the past 3 years. My fiance and I spent the month of July in the US, he on his K-1 visa. We had been cautioned repeatedly by friends and family that this was a terrible time to think about moving to the US with the economy so horrible. I would be the primary source of income in our household, as he still needs to improve his English, so we were very concerned. We maintained our contracts with our jobs in Colombia, bought return tickets, and I held on to my apt in Bogota. The month before we get to the US, a hiring freeze was announced for NY public school teachers (that's me). So with no way of living in the US, we of course returned to Colombia. It was a great experience having him see the US and meet my family, and I wouldn't change it for the world, even with the long and expensive K-1 process, but there was no way we could move there right now.

Our plan now is to get married in Colombia and try moving to the US next summer, on a spousal visa, assuming there will be jobs then. I spoke with the embassy here and they told me I am a resident of Colombia (with my work visa) and can do Direct Consular Filing and that the process would be quick (2 months) and cheaper than a K-1.

I assume that we have to do something now to explain this situation to someone and should send a letter...? Does anyone have any idea what we do now? And if there will be any problem with abandoning this K-1 and applying in the next year for a spousal visa?

Thanks a million.

The K-1 is not a work visa and there was no chance of him working legally until you got married and filed for AOS so I fail to see where the disappointment comes from.

At any rate, the K-1 was used and he left the country, so it will have no affect on a future visa except for you to request a waiver for a second approved petition within 2 years, I doubt this will be a problem (and not sure it applies to a DCF anyway)

A waiver will not be required since the second petition is for the same person.

[Roxyroo 1]

So we don't do anything now? No letter writing, no nothing? The K-1 is just done and when we do our DCF it will not be affected?

Thanks guys.

[Marina-Del 10]

Correct....the K-1 is a one entry visa and you used that entry. It doesn't matter whether you got married or not. As stated as long as you left before his 90 days was up (and it sounds like you did), you're done until you are ready to apply for DCF. Also as stated, you may be asked why you didn't proceed with the wedding in the states and immigrate then at the DCF interview...in which case you just say exactly what you typed here. There was a freeze for teachers, I'm a teacher, no job, no money, no life, ect. That is a perfectly reasonable answer!

Good luck!