Move before AOS approval

[Cammie and Andrew 0]

My fiance and I have questions about the AP and AOS.

Assuming all goes well with his interview, he wants to move here to be with me in June 2006. Our main reason for applying for a K-1 Visa was to get him down here with me while MY visa application to move to Canada as a Skilled Worker was processed ... usually a 1.5 to 2 year process. (We would have applied for a spousal visa in Canada, but he's a student, and we couldn't do the spousal visa in Canada due to affidavit of support requirements.)

So as fate would have it ... we basically get his packet 3 and my letter from the Canadian Consulate General at the same time. However, there still is a bit more processing on my visa, and we are so tired of being apart.

My question is .. what happens if we move to Canada before his AOS is approved in order to prevent my Visa approval from expiring? Does he permanently have to use an AP to come back into the US?

Any advice regarding our situation is greatly appreciated.

Cammie

[Reba 2]

I recall another CanAm couple on another discussion site a couple of years ago who had applications in both countries going, and at one point when she (the Canadian) was coming back to the US from a visit home, somehow the subject of her husband's application to Canada came up and they revoked her visa. She was sent back to Canada and banned, it was about a year or so later the next time she saw her husband when his visa to Canada was approved.

For some reason, USCIS sees applications to other countries as evidence that your application to the US is no genuine, so they can revoke or deny your application. This is not my own experience, but it has apparently happened to other people.

If you both move to Canada before his AOS is approved, and at some point in future wish to move back to the US, he will have to re-apply for either the K3 visa, or whatever is appropriate visa at that time. If you move to Canada after his AOS is approved, his green card will only be valid for up to one year after you leave IIRC (perhaps less). Then he'd have to re-apply if you decide to move back to the US. Vacation travel may or may not be difficult during and after that time.

The only time either of you will be able to come and go and live freely in either country without having to re-apply for visas is after either or both of you have received citizenship to your spouse's country. which of course could be several years.