K1 after 90 no marriage

[pushbrk 12,892]

How about get married if you guys love each other. File for AOS then think about where you guys want to live. If you choose Sweden it's really nice over there but he will have a harder time to travel to the States if he doesn't get his citzenship. Otherwise if you guys find a place that you both like in the States he can stay legeally here.

Let me tell you our plan for right now is. To get married over here get the AOS stay until she can get her citzenship and if we want to choose moving back to Europe then we will but we will both have duel citzenship as I'm from Poland and so she is too. However I can't move there right now as I have a really good job here but both of our plans include Europe for retirement so sooner or later we may end up there, but that is just our plan and it really depends on her if she likes the States a lot to stay here for life. My parents and brother live in England and the rest of our families are in Poland.

Adjusting status results in Legal Permanent Residence, not Citizenship. My wife will probably never become a US Citizen. LPR's (green card holders) who maintain permanent resident status in the USA have no difficulty entering the USA.

[woki1986 1]

Thank you for responding, When we first apply for the K1 visa he agree to come here and live in US. While we were waiting for the visa he found a good job that makes a lot of money, he start to have doubt about moving here. He start to tell me maybe I should move there and just stay at his house without having to worrie about rent. He start to bragging how better health care system there and I agree but that wasnt the plan you know. I have already spent all my time and money try to get the damn visa and I didnt want to waste it, so I ask him to come anyway and hope he likes the city. Plus I started a business here with a friend and is growing I cant just drop everything and move to Sweden and be a house wife ;o)

Finaly K1 got approved, he quite his job came to NYC. I have never live with him more than 6 weeks, so this was kinda like a test in away. I did learn a lot about him and myself. The first 2 months I was ready to just send him home ) we would fight about small little things like why American people are so rude, or why American have to use Fahrenheit instead of celsius, stupid stuff like that. But after 2 months things start to get better. Now, I just let the man complain and when he is tired he will stop haha... So,We only have few more days to go before the visa expire I just dont think I have to time to do go get Social Security Number, get marry, AOS...etc. ( If we had 6 months instead of 3 months I probably wont be in this situation.

Anyway, if anyone in the same situation I would like to hear from you! ) Sorry, english is not my first language but I try.

Your english is fine I went out and spent christmas with my fiance and that was almost like a trial. She had to carry on working so I stayed at home and looked after the house and the cat. It was a holiday for me and a chance to spend more proper time with my fiance and was a little look at what the future would be like.

I'm moving on my visa in June. It is going to be hard. You've got to get married in three months... and there's adjustment of status on top of that. The whole move will be stressful, too. It's a lot to ask a couple to just go from not having been around each other much to then suddenly live together. But again, if you really love each other and you want it to work, it will work out.

You just have to deal with that, though. If you want the relationship to work, it will. You'll deal with everything in your own way. By talking, probably arguing. You argued over small things, really... Just the cultural differences.

We use celcius and different words in some cases and pronounciations... there are so many things that are different. We are very different even though both countries speak english. You just have to deal with that, too.

Not all Americans are rude, either. You obviously aren't and I'll bet you many people on the boards aren't either

You just have to take time to get used to being in a completely different country...

The 3 month part does suck... The UK's is 6 months but I'd rather I went to the US, which is what I'm doing.

I don't like the fact there is no NHS in the USA, but that's one of the many things I'll have to give up.

Everything just takes time, Swede. Unfortunately you haven't got much of that left, now. You maybe should have got married when he went there, as by leaving the country again you've wasted all that time, money and caused yourself all of that heartache for very, very little. You have learned a lot about each other of course... but... at what cost?

What will you do now?

[VanessaTony 3,567]

The K-1 Visa is good for only 90 days. You have only two options: 1) Marry within that time period or 2) Don't marry and he must return to his country.

Actually you're wrong.

If you choose not to marry in the 90 days you can't AOS based on the K1 visa BUT if you marry after the 90 days you can then file for a spousal petition (the I-130 and AOS together). It costs more money of course so it kinda seems pointless but the possibility is there.

He will be out of status after the 90 days and while he could marry someone else, he could never adjust status based on that marriage because of the K1 "marry the petitioner and ONLY the petitioner". If he wanted to marry someone else he would have to leave to deactivate the K1 visa. There was a case where a guy (or girl, I can't remember) used someone to get the K1 to get to the US, and then left to marry someone else... not realising that they had no options for AOS. I only mention this so people don't read it and think "ooo that's a good way to get in to marry someone else, just wait till after the 90 days". Doesn't work that way.

Edited March 16, 2010 by Vanessa&Tony

[Seb928s 2]

Adjusting status results in Legal Permanent Residence, not Citizenship. My wife will probably never become a US Citizen. LPR's (green card holders) who maintain permanent resident status in the USA have no difficulty entering the USA.

I understand that but we have to AOS so later in a 3 years she can apply for citizenship. I also know you can travel without a problem with your green card. I did that for 21 years before I got my citizenship last June But you can't stay outside of the USA for a long period of time like with your citizenship.

[MRStee 19]

I'm confused. If you are fine as a couple but he's not happy in NYC, then you're undoing about a year's worth of effort and relationship strain and then add at least the same again if you decide he should come back by not just getting married by a JoP and waiting to AOS (however without adjusting, he can't work...)

Why stay in NYC? There is so much to the US, beyond big cities and dense populations. I honestly don't think there isn't something for everyone. In fact, it's a part of American history - the way immigrants would set out into the unknown, and stop when they got somewhere that reminded them of home! Take a day trip out to Ellis Island and look at the migration trends of different countries, and where they ended up. It's a really interesting exhibit. I realise that you probably have to work to support the 2 of you, but could he approach it as a project?

Get online and research different states, the scenery, the culture, the climate. Take a couple of long week-ends if you can, and visit a couple of different ones when airlines are offering cheap fares and explore America. Find where you like and plan to move. If you treat life like the adventure it is, you get so much more out of it. And if this guy and you genuinely feel that you are 'for life' then who better to go on that adventure with?

I do know how difficult it seems though. When my fiance and I first met and realised this was the real deal, we planned for him to move to England. He spent nearly 6 months here on a tourist visa and discovered he hated living here. The climate, the food, the distance from all things familiar. He's far more of a homebod than I am but it took him a long time to tell me just how unhappy he had been. It nearly broke us up until I said, "No biggie, we'll go there." It's not the logical way of doing things for us but it's the necessary way if we are going to be happy as individuals and therefore successful as a couple.

Good luck, whatever you decide to do!

aaaaaaaaah Sundrop always good words of wisdom