K1 moving back to Canada after marrying but before AOS

[pocheros 101]

Okay, so here's the situation.... My husband works in a particularly specialized field and got laid off yesterday, so he's looking for new job openings. There's a few around here that would require moving within the country (not so bad), but there's also a few in Toronto. Assuming he was able to obtain a Canadian visa and we were to move to Canada, what would happen between me and USCIS? I'm a K1 that entered in September and got married shortly after, but I haven't even filed for AOS yet. By the way, it's VERY unlikely that we'll take this route. I'm just sort of curious...

I'm guessing that USCIS would not take kindly to me leaving the US after going through the hassle of a fiance visa? I know I can certainly leave the US but not re-enter it with an already used K1. Would I simply withdraw my case from USCIS, and that would make everything hunky dory- i.e. I could re-enter the US later as a visitor, and if we were to move back to the US go through the process of applying for a CR1/IR1? Would the fact that I withdrew my case from USCIS make re-entering the states or applying for a new visa extremely hard? Would I get just straight out banned from crossing the border? I'm not divorcing my husband, obviously, but I would not fulfill permanent resident requirements as I would be living in Canada primarily.

Any help or ideas would be greatly appreciated We both looove Toronto, and I'm seriously tempted by the idea of moving back home... But of course the consequences seem high, assuming we could even orchestrate such a move So it's not likely this is what we'll do, if it's even possible without some severe penalties. The hassle of going through to obtain a visa would feel kind of pointless in light of this I was hoping to live here for at least 3 years and get my dual citizenship before we even consider an international move, but life is strange.

Edited December 14, 2011 by pocheros

[Inky 1,110]

You haven't filed AOS so there is no case to " withdraw" you would simply go back home to Canada and not file anything or do anything further with USCIS after the marriage.

[SapphireDreams 71]

You can move back, to Canada, no questions asked.

You should be able to visit too in the the future. You would just need to file for a CR-1/IR-1 if you ever wanted to move back, which might be you'd be separated for a bit until it got worked out. Which, wouldn't be the end of the world.

There wouldn't be any penalties.

[Udella&Wiz 325]

There's sort of a funny gap - if you took this route, how long might it take him to get the Canadian work VISA? A month, 6 months? You don't HAVE to file your AOS but frankly you don't have a status here until you do. What if it took 6 months or more and you needed to go back home, you'd be SOL.

Anyhoo

[Darnell 8,478]

I think is some issue with counting days past the expiration date on the I-94, should you wish to return to the USA for any reason.

[SapphireDreams 71]

I think is some issue with counting days past the expiration date on the I-94, should you wish to return to the USA for any reason.

Good point. I never thought of that.

I would probably apply for AOS just to be safe. I know it' expensive, but would probably be worth it if you don't end up moving right away.

[pocheros 101]

Thanks for the help guys Yeah, the gap between when he'd receive his visa and when I'd be here without a job is what worries me too. Anyways, we're probably not gonna do this, I just wanted to double check in case. Thanks again!