Is there a need for Adjustment of Parole if you marry here but will return to fiance's country?

[visaqueries 111]

A month ago I filed an I-129F Petition for my fiance to come to America. The original plan was for him to come to America, we would marry and reside here. Both of us were quite excited about our possibilities as we realized that the US was the place for us to live. However, this week an offer of a lifetime was presented to my fiance. He was offered the opportunity to become a partner in an award winning company (travel company based in Australia). It is his dream job and his dream company, and I want to support him in this. However, this opportunity would necessitate us living in his home country, Egypt, for a minimum of a few more years.

We've spent lots of time trying to discuss and decide what should we do now that things have changed. Should we cancel the petition or should we continue with the process? We decided to continue with the I-129F forms because there are still items to work out with the offering company, and we'd hate for it to fall through then not have an application in. My fiance says that if we were approved for the K-1 Visa, he would be able to come to the US during low season (summer in Egypt), and we could still marry here. But, that is where the bigger questions begin. I'm hoping some of you experts can help.

If we do indeed get the K-1 Visa, and he comes here, should we attempt to get an Adjustment of Parole before he leaves? Could we even get a green card if we don't spend most of our time here? How long does it usually take to process both the Parole and the green card after marriage? If we decide to marry in the US then move to Egypt afterward, will we then have increased difficulty trying to get a visa for him to either visit my family during holidays or for him to apply for and receive a different kind of visa in the future? I'm just trying to process all the changes we are making, and I want to make sure we follow the correct procedures when applying for our K-1 Visa, so I don't get into a situation where I'm married to someone the US won't allow to come here again because we did the wrong thing when we got married.

If it is important to my dilemma, I currently reside in the US while he is now in Egypt.

[KayDeeCee 4,893]

When you enter the US with a K-1, you must marry within 90 days. The foreign spouse cannot leave without filing for adjustment of status(AOS) and being granted AP(Advance Parole) or their green card. If you choose to follow the K-1 path, and he enters on the K-1, you marry within the 90 days and then you do not file for AOS or he leaves before he has AP or his green card, then the AOS is abandoned and you will need to file for a spousal visa later if you plan to move back together to the US.

Honestly, there is no reason for you to continue with the K-1 if you have no plans to live in the US. I would cancel it, and worry about filing for a K-1 or a CR-1 later down the road if you plan to reside in the US permanently then.

Edited September 1, 2012 by Jay-Kay

[VanessaTony 3,567]

When you enter the US with a K-1, you must marry within 90 days. The foreign spouse cannot leave without filing for adjustment of status(AOS) and being granted AP(Advance Parole) or their green card. If you choose to follow the K-1 path, and he enters on the K-1, you marry within the 90 days and then you do not file for AOS or he leaves before he has AP or his green card, then the AOS is abandoned and you will need to file for a spousal visa later if you plan to move back together to the US.

Honestly, there is no reason for you to continue with the K-1 if you have no plans to live in the US. I would cancel it, and worry about filing for a K-1 or a CR-1 later down the road if you plan to reside in the US permanently then.

Close but not quite.

There is NO requirement to file for AOS. As long as the OP's fiance left before his 90 days were up there wouldn't be a problem. They would of course, like you said, require a spousal petition later though. There is NO restriction of leaving, it's only on returning.

If the OP and her fiance filed the AOS, then leaving without AP (advanced parole) does abandon the process. If they left before the GC was granted there wouldn't be an overstay issue as long as AOS was filed (and received) before the 90 days were up (or a ban if AOS took a while).

[VanessaTony 3,567]

1. If we do indeed get the K-1 Visa, and he comes here, should we attempt to get an Adjustment of Parole before he leaves?

2. Could we even get a green card if we don't spend most of our time here?

3. How long does it usually take to process both the Parole and the green card after marriage?

4. If we decide to marry in the US then move to Egypt afterward, will we then have increased difficulty trying to get a visa for him to either visit my family during holidays or for him to apply for and receive a different kind of visa in the future?

I'm just trying to process all the changes we are making, and I want to make sure we follow the correct procedures when applying for our K-1 Visa, so I don't get into a situation where I'm married to someone the US won't allow to come here again because we did the wrong thing when we got married.

1. Depends. Like your reasoning for continuing with the K1 process, filing AOS would be prudent in case the job opportunity falls through. However if you know he's got the job before his 90 days are up, I would have him leave the US to avoid overstay.

2. You could GET it sure, but he probably wouldn't keep it. It's for living here, not visiting

3. About 2-3 months for AP (Advanced Parole) and 3-6 months for the GC.

4. Not because you got married in the US, no. Simply by being married to you he will have assumed immigrant intent which will make visits harder yes. Being engaged to you he has immigrant intent.

[KayDeeCee 4,893]

Close but not quite.

There is NO requirement to file for AOS. As long as the OP's fiance left before his 90 days were up there wouldn't be a problem. They would of course, like you said, require a spousal petition later though. There is NO restriction of leaving, it's only on returning.

If the OP and her fiance filed the AOS, then leaving without AP (advanced parole) does abandon the process. If they left before the GC was granted there wouldn't be an overstay issue as long as AOS was filed (and received) before the 90 days were up (or a ban if AOS took a while).

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