What if I marry in US with K1 and then leave US without apply adjustment?

[wenxhua 0]

Dear All,

I got approved with K1, and planning to get married in US in April this year (wedding has been arranged).

However, I can not stay in US between April to June this year(so even the advance parole wont help).

I would like to know if it is ok to leave US without applying the adjustment of status? and probably apply the Green card next year. If so, what types of visa do I need to get back to US (with my US citizen husband)?

Also, if i am applying B1/B2 after the above arrangement (for business traveling, will this hurt my success in getting the nonimmigrant visa?

Thank you so much for your kind answers,

[Justine+David 218]

Have you considered pushing off the wedding until you're done? When was the K1 issued? It has a 6 month validity...

[Penguin_ie 5,997]

You can apply for a spousal visa (CR-1) next year, and while you might get a few questions about your K1 use, you should be ok, but as you know, visas take time and money! B2 could be difficult as with a USC husband, they will assume you have immigrant intent.

As Justine and David said, it might be better to delay the wedding until you can at least stay long enough for the AOS.

[SunDrop 59]

Dear All,

I got approved with K1, and planning to get married in US in April this year (wedding has been arranged).

However, I can not stay in US between April to June this year(so even the advance parole wont help).

I would like to know if it is ok to leave US without applying the adjustment of status? and probably apply the Green card next year. If so, what types of visa do I need to get back to US (with my US citizen husband)?

Also, if i am applying B1/B2 after the above arrangement (for business traveling, will this hurt my success in getting the nonimmigrant visa?

Thank you so much for your kind answers,

The short answer is no, it isn't.

A K1 is a single entry visa. This means that once you're in and married, you have to wait for your AP to come through before you can leave the country.

In theory, you could enter on your K1, leave after marriage and then start all over with the visa process as a K3/ CR1. I don't know how the abandoned K1 would affect any subsequent application.

When does your K1 expire? You have 6 months validity from it's date of issuance. So if it was just issued, you could wait until just before it expires in June but you'd have to re-arrange your wedding.

Also, with your K1 now in your passport, you cannot choose to get a B2 and not use the K1 until a later trip.

Why can you not stay after your marriage? You might be able to enter on your K1, get married and get an infopass appointment if you file your AOS immediately and get a quicker AP, but it will possibly depend on the circumstances (if a family member is ill or you need to return to finish school, etc.)

[wenxhua 0]

Dear All,

I have paid everything for the wedding date in April already, non refundable. And my K1 will expire in May.

I cant stay due to my job. I think the quickest time of advance parole is 2.5 months, right? or it could be faster? or it requires some kinds of urgency conditions?

I am struggling, since I need to reenter US in August for business again.

Thanks for all your help.

[leith@Ievgeniia 8]

apply for removial of conditions and gc the day after marrage, fedex it to them and call for info pass after package is recieved and given number

and then just talk and explain your situation and find out.

that is all i can offer

[rika60607 215]

If your work situation is convincing AND you had B1/B2 before, you could apply for business visa (or use a current business visa) to enter the US. Get married, leave, apply for CR-1.

You will have to convince the consular officer AND POE officer that you must leave the US after the wedding.

This is not likely to work, but not impossible either.

Dear All,

I have paid everything for the wedding date in April already, non refundable. And my K1 will expire in May.

I cant stay due to my job. I think the quickest time of advance parole is 2.5 months, right? or it could be faster? or it requires some kinds of urgency conditions?

I am struggling, since I need to reenter US in August for business again.

Thanks for all your help.

[christeen 966]

However, another fly in the ointment... If you enter on K1, then get married, you do not have permission to work, which would make the reason of going back to a job before AOS an issue would it not??

It might be a possibility to abandon the K1 at this time, enter on a tourist visa for the wedding... Since you have to enter in August as well, I would hold off on applying for the CR1 until after that trip, then you can apply for the CR1 when you are actually ready to live in the US, otherwise I smell trouble all the way around...

[Darnell 8,479]

I second christeen's approach. Which Embassy/Consulate is yours, btw?