After K-1 Visa approved and marriage in the US, is it okay to acquire VISA through marriage to move to Europe a couple years?

[J / A 0]

My fiance and I have been together roughly 2 1/2 years now. From September 2008 to August 2010, I was living in London teaching in England on a two year work permit. In November of 2008, my fiance transfered within her company to London so she could be with me. We lived together for 21 months. However after my work permit expired, I had to move back home to the States.

As we are planning a wedding in America (I-129F packet sent out today), I want to know whether it would be problematic if we decided to move back to England or Europe for a couple more years after the wedding. This would of course be before applying for her right to work and green card. As everything pretty much revolves around whether I get a full time teaching job next year or not (hell, it's quite difficult at the moment!!), we were hoping to initiate a plan B of moving back to England and doing supply teaching work back and more travels for a couple more years before settling in America. My only concern is, once K-1 VISA has come through and we get married out here, do we have to immediately apply for my fiance to get the right to work and 2 year green card, or are we able to do what I discussed above? We are hoping this option is possible.

Also, if we did go down this route and I got myself a VISA through her to live and work in Europe for a couple more years, would we be able to jump right back to where we left off here by our next step being apply for her right to work + 2 year green card? Or would we have to backtrack a bit and go down a route such as I-130 (even though we married in the USA)?

I'm a man of many questions tonight. Truly appreciate any help you can give!

All the best,

- JP

Edited January 4, 2011 by J.P.

[Inky 1,110]

If she leaves after marrying and not filing AOS you will start all over again with a CR-1 from the bottom. Paying fees getting documents and having an interview.

K-1 visa is a ONE TIME USE. Not generally used to come to America then marry and leave to live somewhere else. Having permanent resident status means living in the US and maintaining the status also. Not getting the green card then moving to another country for 2 years or more. That would be abandonment of the green card.

[J / A 0]

Inky, thank you for the response. So in other words, it is best to think about moving to Europe only after her restriction has been lifted? With that in mind, how many years/months does it usually take for restrictions to be lifted where she would have no problem coming and going as she pleases?

[amykathleen2005 441]

If you really want to be safe you would wait until your fiance has their citizenship which is they are eligible for 3 years following becoming a permanent resident through marriage to you. Then they would be able to travel as they please and stay away as long as they wanted without the possibility of losing their residency rights.

[Inky 1,110]

Agree with Amy, because even when the restrictions are removed, you are still required to maintain residency for a certain amount of time, too much time out is not a good thing when trying to get US citizenship. Also CBP can take away the green card if they believe she is not maintaining the residency properly.

[JimVaPhuong 4,863]

There are no "restrictions" on the green card - there are conditions. A conditional green card holder has all of the same rights and privileges as an unconditional green card holder. The condition of a conditional green card is that the immigrant remain married to the US citizen that petitioned for them. As long as they meet that condition to the satisfaction of a USCIS immigration officer then they can get that condition removed after two years, and get an unconditional green card. There are also waivers of various types they can request to either get the conditions removed before two years, or in the event the marriage ends, but that's a whole 'nother topic.

All permanent residents, whether conditional or unconditional, must reside in the United States. Permanent residency is for residents, not visitors. If a permanent resident fails to maintain their residence in the US then their green card will be revoked. A CBP officer may suspect that a permanent resident has abandoned their residency if they are abroad for more than six months, or make repeated extended trips abroad with only comparatively brief trips back to the US. They will presume that the immigrant has abandoned their residency if they remain abroad for more than one year without first obtaining a reentry permit. If an immigrant remains abroad for more than two years then they've abandoned their residency, even if they obtained a reentry permit. There's a remote chance they could get a returning resident visa if they can convince a consular officer that their extended absence was unforeseen and beyond their control.

In a nutshell, a permanent resident can never come and go as they please without risking the loss of their permanent resident status. Only a US citizen has the right to leave and reenter the US at any time without risking their status.

At this point, I'm wondering why you're bothering with a K1 visa if your intentions are to live abroad for a few more years. You don't need any special visa to get married in the US. She could simply come on the Visa Waiver Program or with a B2 visitor's visa, you could get married, and then both return to Europe. When you're ready to return permanently to the US you can petition for a CR1 (if your marriage is less than two years) or IR1 (if you've been married two or more years). If you are a legal resident of the country you are living in at the time then you can file the petition directly with the US consulate.

[J / A 0]

At this point, I'm wondering why you're bothering with a K1 visa if your intentions are to live abroad for a few more years. You don't need any special visa to get married in the US. She could simply come on the Visa Waiver Program or with a B2 visitor's visa, you could get married, and then both return to Europe. When you're ready to return permanently to the US you can petition for a CR1 (if your marriage is less than two years) or IR1 (if you've been married two or more years). If you are a legal resident of the country you are living in at the time then you can file the petition directly with the US consulate.

Wait, hold on a second, we don't need any type of special VISA to get married in the USA?? This whole time the two of us, after much research, have been under the presumption that a K-1 VISA is necessary in order for her to have the legal right to marry in the States. If in fact that isn't case, then we could just, hypothetically, have her fly out here on a visitor, have a small ceremony and wedding without any restrictions whatsoever?

If that is in fact the case, I may be calling my bank and cancelling a check quite soon.............

Truly appreciate your time in responding. And to all, I hope I don't sound like a nieve person here. I just suppose each time I looked information up on this matter and talked to a few couples in the know, I was lead to believe a K-1 was the only way to marry here and that legally, my fiance did not have the right to marry here without such VISA.

[pushbrk 12,894]

Wait, hold on a second, we don't need any type of special VISA to get married in the USA?? This whole time the two of us, after much research, have been under the presumption that a K-1 VISA is necessary in order for her to have the legal right to marry in the States. If in fact that isn't case, then we could just, hypothetically, have her fly out here on a visitor, have a small ceremony and wedding without any restrictions whatsoever?

If that is in fact the case, I may be calling my bank and cancelling a check quite soon.............

Truly appreciate your time in responding. And to all, I hope I don't sound like a nieve person here. I just suppose each time I looked information up on this matter and talked to a few couples in the know, I was lead to believe a K-1 was the only way to marry here and that legally, my fiance did not have the right to marry here without such VISA.

The K1 fiancee visa is for marriage followed by US legal residence. For many, like those from China, the Philippines, Vietnam or Nigeria (examples) a "visitor visa" is not going to happen so the ONLY way to marry in the USA is to obtain the K1 visa first. For those from countries in the visa waiver program or Canada, visiting is pretty routine. Marriage while visiting is allowed. Entering the USA with a visitor visa or VWP with the intent to BOTH marry AND stay her permanently after the marriage takes place is visa fraud.

If you simply want to marry and then leave, go ahead but don't be announcing the reason for the visit is to get married. The CBP will then assume immigrant intent and not let the bride in for the wedding. Tell a generic truth for the purpose of visit, such as "holiday" or "visiting friend" or going to wherever in the USA you plan to visit for your honeymoon to avoid the red flag. Then, make sure she doesn't overstay her allowed visit and you're golden.

[VanessaTony 3,567]

Wait, hold on a second, we don't need any type of special VISA to get married in the USA?? This whole time the two of us, after much research, have been under the presumption that a K-1 VISA is necessary in order for her to have the legal right to marry in the States. If in fact that isn't case, then we could just, hypothetically, have her fly out here on a visitor, have a small ceremony and wedding without any restrictions whatsoever?

If that is in fact the case, I may be calling my bank and cancelling a check quite soon.............

Truly appreciate your time in responding. And to all, I hope I don't sound like a nieve person here. I just suppose each time I looked information up on this matter and talked to a few couples in the know, I was lead to believe a K-1 was the only way to marry here and that legally, my fiance did not have the right to marry here without such VISA.

ANYONE can marry in the US, there is no special visa required.

A fiancee visa is a non-immigrant visa, (unlike a K3 or CR-1) but it's a "path" to AOS in that unlike AOSing from a visitor visa you don't need to file and pay for the I-130, you simply pay the fee for AOS (currently $1070). Some countries can't easily get visitor visas, and the VWP doesn't exist, this is where the K1 visa is good for those people, to come here and get married and then apply for their GC's. There is also a course for appeal if AOS is denied (where other visas there is no appeal).

Having her fly there and marry isn't a problem. HOWEVER she will require a visitors visa to enter (unless she's from a VWP country then she just needs to register with ESTA). She will also need to bring strong ties to her home country to show she isn't planning on remaining in the US.

Edited January 4, 2011 by Vanessa&Tony

[JimVaPhuong 4,863]

Wait, hold on a second, we don't need any type of special VISA to get married in the USA?? This whole time the two of us, after much research, have been under the presumption that a K-1 VISA is necessary in order for her to have the legal right to marry in the States. If in fact that isn't case, then we could just, hypothetically, have her fly out here on a visitor, have a small ceremony and wedding without any restrictions whatsoever?

If that is in fact the case, I may be calling my bank and cancelling a check quite soon.............

Truly appreciate your time in responding. And to all, I hope I don't sound like a nieve person here. I just suppose each time I looked information up on this matter and talked to a few couples in the know, I was lead to believe a K-1 was the only way to marry here and that legally, my fiance did not have the right to marry here without such VISA.

Yep. You don't need permission from the US government to get married. You only need permission from the US government to immigrate to the US. If she's not ready to immigrate then just have her come and get married, and then both of you can go to Europe or wherever for your honeymoon.

As pushbrk and Vanessa have mentioned, CBP can get their panties in a twist if an alien enters with a non-immigrant visa and states they intend to marry a US citizen while they're here. The thing is that an immediate relative of a US citizen would be eligible to apply for a green card without leaving the US, and the US government doesn't like people using non-immigrant visas to shortcut the normal immigrant visa processing system. If CBP suspects a preconceived intent to immigrate then they'll deny the alien entry to the US.

Remember - it's all about intent to immigrate and not intent to marry. It's not illegal to come to the US with a non-immigrant visa with the intention of getting married. It IS illegal to come to the US with a non-immigrant visa with the intention of immigrating.

I would never suggest that you lie to the CBP officer. If the question is asked then she should answer it honestly. People have been granted admission even after admitting that they plan to marry while in the US because they've been able to adequately convince the CBP officer that they will leave before their authorized stay expires, and won't apply for a green card. This is why CBP and DoS recommend you bring evidence of strong ties to your home country that would compel you to return, such as a job or property or children or something else that you wouldn't readily abandon for a green card. If she's denied entry then you could either marry abroad or pursue a K1 visa.

[Justine+David 218]

cancel your check if you're sure! USCIS does NOT give out refunds even if you changed your mind!

[J / A 0]

You all have been truly great and helpful in this matter. Luckily I contacted the post office early enough and I filed a recall of mail. My package will get to Dallas, but before being delivered will be put back in the post and sent back to me. But to be safe I will also cancel the check. This will at least give my fiance and I a bit more time to think about what we want to do (ie- move back to Europe for a couple years, etc) and also give us time to compile more evidence of us having met in the last two years, which was pretty bleak in the original package I sent out yesterday.

Again, thank you all. You've been a huge help throughout the whole process. Now if anybody could point me in the right direction of obtaining an EEA Family VISA to move to the UK on my fiance's rights (she's a German currently living and working in England), that would be a huge help for me! That is our first choice option at the moment. As this is a K1 section, feel free to privately message me info if you have any on this.

Edited January 5, 2011 by J.P.

[Justine+David 218]

check out uk-yankee.com as that is the "opposite" direction