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talzag

K3 without a greencard at the end

By talzag in K-3 Spouse Visa Process & Procedures

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talzag Rookie

talzag   0

Posted
Filed: Country: Israel
 Timeline
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Hi all.

I would really appreciate your help.

My wife is an American. I'm Australian. We would like to live in the US for a year or two but I do not want to get a greencard (for various reasons).

I saw the K3 Visa option. is there a way where I can get the K3 Visa and then cancel my I-130 so I dont get a greencard at the end?

Is there any other option for us to live in the US for a year or two without me getting a greencard..?

Thanks in advance

Tal

pushbrk Grand Master

pushbrk   13,033

Posted
Filed: Other Country: China
 Timeline
Posted

Hi all.

I would really appreciate your help.

My wife is an American. I'm Australian. We would like to live in the US for a year or two but I do not want to get a greencard (for various reasons).

I saw the K3 Visa option. is there a way where I can get the K3 Visa and then cancel my I-130 so I dont get a greencard at the end?

Is there any other option for us to live in the US for a year or two without me getting a greencard..?

Thanks in advance

Tal

Though it would be perfect for what you describe, the K3 option is no longer viable and hasn't been since 2/1/2010. Lots of discussion on that in many threads of this forum. You'll want to Google "maintaining permanent resident status US" to determine your options. Depending on your choices, you may end up loosing your status if you don't remain in the USA more than you are out but if you only want to be here a year or two it's not clear there's any downside to having and then loosing a green card.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted

I agree, I don't know exactly what the downside would be. You can abandon the green card at a US consulate when you get back to Aus.

The only real non-immigrant visa options that would allow you to stay for two years would be H-1b and F-1.. Possibly J-1. H-1b is very difficult to get unless you have a specialized skill and an employer to sponsor you. F-1 is relatively easy for Australians to get, but would require you to take on a full course of study (very expensive), and be limited to 20 hours/week of on-campus work only. J-1 is for internships and/or cultural exchange programs.

K3 would have been perfect but doesn't exist anywhere but on paper anymore.

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Hi all.

I would really appreciate your help.

My wife is an American. I'm Australian. We would like to live in the US for a year or two but I do not want to get a greencard (for various reasons).

I saw the K3 Visa option. is there a way where I can get the K3 Visa and then cancel my I-130 so I dont get a greencard at the end?

Is there any other option for us to live in the US for a year or two without me getting a greencard..?

Thanks in advance

Tal

Do you want to be able to work while you are in the US?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)
I would really appreciate your help.

My wife is an American. I'm Australian. We would like to live in the US for a year or two but I do not want to get a greencard (for various reasons).

I saw the K3 Visa option. is there a way where I can get the K3 Visa and then cancel my I-130 so I dont get a greencard at the end?

Is there any other option for us to live in the US for a year or two without me getting a greencard..?

As much as you DON'T want to give the reasons for not wanting one, it might be best if you do because it might just be you don't understand something (not the first time and it's not an insult).

For example - taxes. Living in the US if you work you have to file taxes of course. If you DON'T work your spouse will still need to file as married and if he files jointly (with your info) he should get a bigger refund. You can get an ITIN (tax number) but it would be easier with a SSN.

Leaving - you simply hand the card over at the nearest consulate in Australia or wherever you're living if you don't want it any more. You're still eligible for visas (in fact it looks good that you're playing by the rules) and there's no tax exit fee associated (if that's another concern).

There are no "giving up Australian citizenship" laws involved. It doesn't make you less Aussie.

It DOES make your life with your spouse significantly easier. You can get a US licence, work if you need to, leave and return easier, there are many pros to it and I'll be honest I can't think of a single negative outside of the cost.

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

short answer - NO.

There's a longish answer, and it's tied to the process of throwing out I-129F's at NVC.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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