adjustment of status ?

[modmodgirl 2]

I apologize if this is in the incorrect section.

My future husband is coming here to get married to me as soon as he receives his K1 visa.

I know we have to get an adjustment of status... my new worry is that he needs to keep his job for a few more

months in Paris. He has a secure job there and can come to the US to get married, but then he needs to go back within a couple of weeks, so he can get ready for moving here.

How does this work... If he needs his adjustment of status but has to leave soon after to tie up his loose ends there.

Any suggestions? Thanks so much!

[Anh map 2,098]

K1 is a single entry visa. He should be prepared to be here in the US when he enters using the K1.

Along with the Adjustment of Status there is a request for Advance Parole which would allow reentry into the US.

Sounds like you two should do some more reading in the Guides section to be sure that you don't trip yourselves up.

Best of luck.

[JimVaPhuong 4,863]

I apologize if this is in the incorrect section.

My future husband is coming here to get married to me as soon as he receives his K1 visa.

I know we have to get an adjustment of status... my new worry is that he needs to keep his job for a few more

months in Paris. He has a secure job there and can come to the US to get married, but then he needs to go back within a couple of weeks, so he can get ready for moving here.

How does this work... If he needs his adjustment of status but has to leave soon after to tie up his loose ends there.

Any suggestions? Thanks so much!

Not possible. The K1 is a single entry visa. The absolute fastest way possible would be for you to marry him the day he steps off the plane in the US, and then file for AOS, EAD, and AP as soon as you've got a certified marriage certificate in your hand. About two months later, give or take, he'll get the EAD and AP. The AP will allow him to reenter the US while his AOS application is pending.

[KayDeeCee 4,893]

Like the others have said, your plan will not work. However, the K-1 visa doesn't expire for 6 months, so he could finish up his work in Paris before using the K-1 to enter the US and marry you.

[Farsider 7]

Like the others have said, your plan will not work. However, the K-1 visa doesn't expire for 6 months, so he could finish up his work in Paris before using the K-1 to enter the US and marry you.

OP wrote: "...my new worry is that he needs to keep his job for a few more

months in Paris."

This is good advice (above) from Jay-Kay. A few more months of waiting might seem like an eternity... but it's not. You will be much better off just waiting until your fiance wraps things up in Paris and then comes over on his K-1.

[modmodgirl 2]

I really appreciate the responses... you are wonderful people who respond to so many questions. This place rocks!

Here is my "dilemma" and one that we ( my partner and I ) tried to figure out. K1 vs. K3....

Another idea was for me to go to France, marry there, then re-apply for a K3 spouse visa for him to come here? Would that be less complicated?

I am so frustrated by this process because it assumes that everyone can easily pack up and move and in this economic climate, it's difficult.

He has to stay in Paris for another few months to save money, get his things in order, etc. from his current job, and I should have done further research in understanding that the K1 doesn't give you instant access to getting your green card.

Thank you and blessings.

[JimVaPhuong 4,863]

I really appreciate the responses... you are wonderful people who respond to so many questions. This place rocks!

Here is my "dilemma" and one that we ( my partner and I ) tried to figure out. K1 vs. K3....

Another idea was for me to go to France, marry there, then re-apply for a K3 spouse visa for him to come here? Would that be less complicated?

I am so frustrated by this process because it assumes that everyone can easily pack up and move and in this economic climate, it's difficult.

He has to stay in Paris for another few months to save money, get his things in order, etc. from his current job, and I should have done further research in understanding that the K1 doesn't give you instant access to getting your green card.

Thank you and blessings.

K3's are rarely issued anymore. They were introduced as a stop-gap measure at a time when spousal visas took a lot longer than fiance visas. To apply for a K3 you must file both an I-130 and an I-129F petition. If the National Visa Center receives both approved petitions at the same time, which they will in 99% of the cases, they will administratively close the I-129F and only send the I-130 to the consulate. This means your husband would be applying for a CR1 visa rather than a K3. The upside of this is that a CR1 is an immigrant visa - your husband would receive his green card automatically within a few weeks of arriving in the US.

Anyway, your fiance is probably less than two months from getting his K1 visa, according to your timeline. Why would you want to start over now just because of the timing of the green card, especially if finances are an issue? If you get married tomorrow then you'll be waiting another 8 to 12 months before he gets a CR1 visa, plus you'll have wasted the money you've already spent on the K1, in addition the added expenses of traveling to France and filing a new petition.

Let him get his K1 visa and then stay in France as long as he needs to finish up his work. The visa is valid for six months, unless his medical expires sooner than that.

How much time does he need to wrap things up?

[bigdog 376]

k1 is a single entry visa, read up on the issues in VJ, it will help.

[modmodgirl 2]

K3's are rarely issued anymore. They were introduced as a stop-gap measure at a time when spousal visas took a lot longer than fiance visas. To apply for a K3 you must file both an I-130 and an I-129F petition. If the National Visa Center receives both approved petitions at the same time, which they will in 99% of the cases, they will administratively close the I-129F and only send the I-130 to the consulate. This means your husband would be applying for a CR1 visa rather than a K3. The upside of this is that a CR1 is an immigrant visa - your husband would receive his green card automatically within a few weeks of arriving in the US.

Anyway, your fiance is probably less than two months from getting his K1 visa, according to your timeline. Why would you want to start over now just because of the timing of the green card, especially if finances are an issue? If you get married tomorrow then you'll be waiting another 8 to 12 months before he gets a CR1 visa, plus you'll have wasted the money you've already spent on the K1, in addition the added expenses of traveling to France and filing a new petition.

Let him get his K1 visa and then stay in France as long as he needs to finish up his work. The visa is valid for six months, unless his medical expires sooner than that.

How much time does he need to wrap things up?

Thank you so much for the help I agree to stick to the K1 much less expensive in the long-run.

I read that it's 6 months that the K1 visa is valid, If he comes the last month of that 6 month period, do we still have 90 days after that to get married?

[JimVaPhuong 4,863]

Thank you so much for the help I agree to stick to the K1 much less expensive in the long-run.

I read that it's 6 months that the K1 visa is valid, If he comes the last month of that 6 month period, do we still have 90 days after that to get married?

Yes. The visa is valid for six months, and is only good for entry into the US. After that, the visa is cancelled. He'll fill out an I-94 form on the plane and hand this to the immigration officer when he arrives. The immigration officer will tear off and keep the top half of the I-94, and stamp the bottom half with an expiration date which is 90 days later and then staple it into his passport. Just get married before the I-94 expires.

[modmodgirl 2]

Thank you so much for the help I agree to stick to the K1 much less expensive in the long-run.

I read that it's 6 months that the K1 visa is valid, If he comes the last month of that 6 month period, do we still have 90 days after that to get married?

Thanks so much! Have a beautiful day... blessings.