Not Working Out....Need Help

[Uhleez 0]

Hey everyone! Not sure what discussion to put this under but I've been looking for an answer everywhere on the internet and not getting much luck. So here goes:

We got out K1 Visa in February of this year and my fiance (now husband) came from Ireland and we got married in May before the 90 days ended. We have yet to file adjustment of status due to a bad personal family time and being extremely busy. We had a proper wedding two weeks ago with all of our family and friends and decided to do the adjustment after the wedding but we have both come to realize that things are not working out for us living in the US. We both met in Ireland and really miss it and have been talking about moving back. Now our problem is...how the hell do I go about doing this? We are in a funky gap between the k1 and adjustment of status. How do I go about leaving the US with my husband back to Ireland? What will happen if we go back and try to come back to visit the states with me? Also do I need to contact anyone to say that we are leaving? We didn't plan to move back but things just aren't working out here. If you have any advice, pleeeeeeeeeease help!

[Adriene H 89]

Might want to do some research starting here ...

http://www.inis.gov.ie/en/INIS/Pages/WP07000024

[AnnaLouise 5]

Honestly, I would think very carefully about moving back to Ireland.Times are tough over here. Why not go through the motions of getting your husbands green card and then decide?

[Dirk 30]

I was going to do the same thing, till I found out that my spouse must live in the US for 5 years to qualify for my Social Security funding when I die after retirement. Look at every detail prior to throwing in the towel.

[Uhleez 0]

I know Ireland is a bit of a tough place at the moment but he is quickly able to get a job back there and also in London. It's really difficult for him to adjust out here and we both realized we were happier living over there. As for the social security funding, I had no idea about that but I don't think he will be very bothered by that. I just need to make sure if we leave, he won't get some sort of ban from entering the states since he is leaving in this middle area

[del-2-5-2014 1,339]

I say hang in here for at least 5 years.

[Harpa Timsah 13,258]

Well, I can tell you about this "middle period" to help make your decision easier. After the 90 days are over on his K-1 visa, he starts accruing days of overstay. These days are irrelevant and essentially erased once the Adjustment of Status is approved, but if you are not going to go through with the AOS, there are some consequences.

If he overstays by 1 day, he can no longer use the Visa Waiver Program to visit. He will need a B-2 visa to visit.

If he overstays by 180 days or more, he starts to accrue bans that require a costly and difficult waiver to overcome.

So, how many days has he been here?

I will agree with most people here though, that patience is best. it's really hard to move to another country, and if he's been here only like a month, it is very difficult to feel settled. I would also consider getting the GC, waiting a while, and then make your decision. Also, it will take a while I imagine to get the Irish immigration stuff handled. But, it's your life, and you have to do what you think is right. Good luck with your decision.

Edited August 20, 2012 by Harpa Timsah

[Krikit 1,165]

Moving from K-1 Process to Effects of Major Changes.

[Sandra G. 5,057]

He will have a 3 years ban to reenter in the USA if he overstayed more than 180 days and less than one year.If he overstayed more than 1 year he will have the 10 years ban.To overcome the ban he needs to file an waiver.He should leave USA before before he triggers unlawful presence.