Moving back to home country after K-1 Visa

[lym 0]

Hi all,

I'm hoping for some advice. My husband and I applied for and received a K-1 visa last month (he was my fiancé at the time). We came to the United States and got married right away. We haven't started any AOS paperwork or anything else. We've had a change in plans and are (both) moving back to his home country in three weeks. So we're not planning to do any immigration paperwork.

The problem - we want to be able to come back and visit in the future. He's been denied tourist visas before and I'm assuming that he'll be even more likely to be denied now that he's married to me, a U.S. citizen.

So do we have any other options for being able to come back (just to visit) in the future?

Is there anyway to delay our paperwork so we could come back on the same K-1 visa? I'm assuming not, especially with just three weeks.

We've thought about trying for a spousal visa, but the fiance visa was a long, draining process and going through that again sounds horrible.

I'd appreciate any advice... I'm feeling kind of hopeless We're honestly content to live in my husband's country, but the thought of leaving my parents and family without knowing when/how we'll get back to visit is heartbreaking.

Thanks in advance.

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

"I" would continue on the AOS.

[TnJ 131]

You can only use the K-1 one time. It is a one time entry visa. It became null the day he entered the POE. Why not continue with AOS and have legal residency within the US as well as travel privileges? The spousal visa would be pointless in that it is intended for AOS as well. Rather than attempting to gain a visa every time you wanted to visit the US, I would find it easier to just go through the AOS process and move on with whatever plans you have

[C-ma'am 684]

You can only use the K-1 one time. It is a one time entry visa. It became null the day he entered the POE. Why not continue with AOS and have legal residency within the US as well as travel privileges? The spousal visa would be pointless in that it is intended for AOS as well. Rather than attempting to gain a visa every time you wanted to visit the US, I would find it easier to just go through the AOS process and move on with whatever plans you have

[Gary and Alla 3,694]

You can only use the K-1 one time. It is a one time entry visa. It became null the day he entered the POE. Why not continue with AOS and have legal residency within the US as well as travel privileges? The spousal visa would be pointless in that it is intended for AOS as well. Rather than attempting to gain a visa every time you wanted to visit the US, I would find it easier to just go through the AOS process and move on with whatever plans you have

So far the OP has no sound advice.

Doing an AOS gets you a green card but you cannot maintain residency unless you live in the USA. Period. You would not even be living here. The green card does you no good.

You will need to apply for tourist visas until suich time you decide to return and then at that time you can do a DCF for a new immigrant visa/green card. Being married to you will have NO affect on his ability to get tourist visas. The only thing that will matter is his ability to show he will return to his home country. Having been here once (with a K-1) and having returned is good proof, excellent proof actually. Also having a WIFE who lives in his home country is and (presumeably) with her own ties to the country (job, children, etc.) I would say his chances of getting a tourist visa are much higher than before.

At any rate, that is your only option. You cannot keep a green card if you do not reside in the USA. Even if you return every 6 months or less (someone will toss out that gem of wisdom) you would still need to show you are maintaining US residency (address, drivers license, draft registration, tax returns, bank accounts etc) Our son did it to attend school in Russia. A green card is not a pass to come and go as you please and live in some other country.

OR

Stay here until he obtains citizenship and then go live anywhere you want and return whenever you want

[Deputy Purple 1,294]

Being married to you will have NO affect on his ability to get tourist visas. The only thing that will matter is his ability to show he will return to his home country. Having been here once (with a K-1) and having returned is good proof, excellent proof actually. Also having a WIFE who lives in his home country is and (presumeably) with her own ties to the country (job, children, etc.) I would say his chances of getting a tourist visa are much higher than before.

With all due respect, I don't agree with the bolded portion of the quote...

Being married to a US Citizen gives the Alien Spouse a path to AOS once admitted and since the CO is required to assume immigrant intent at tourist visa interviews that would raise the bar for him. Further, at POE if he discloses that he's traveling into the US with his citizen wife that could prompt more scrutiny for the same reason.

There has been mention of several cases where parents of US Citizens (also having a path to AOS) were previously denied tourist visas so they eventually just went for greencards, entered the US and returned to their home country after a short while only to surrender their greencard at the local US Embassy and were later successful in obtaining a tourist visa as the greencard surrender was a clear indication of no immigrant intent.

Maybe the OP's husband could remain long enough to AOS and then surrender the greencard after they return to his country (maybe not immediately in case they change their minds about living in the US after several months).

[TnJ 131]

OR

Stay here until he obtains citizenship and then go live anywhere you want and return whenever you want

The information you shared was good to know. I learned something new about being a green card holder. However, I like your second option quoted here as it is what "I would find easier" in our case anyway. Good to know there are options for OP though.

Edited September 10, 2012 by ToddnJessa

[Henry&Rebecca 39]

I'd appreciate any advice... I'm feeling kind of hopeless We're honestly content to live in my husband's country, but the thought of leaving my parents and family without knowing when/how we'll get back to visit is heartbreaking.

Thanks in advance.

To be honest, I don't understand this sentiment all too much. Are you saying that it would be impossible for you, the US citizen wife, to visit your own parents every once in a while if your husband doesn't tag along as well? Marriage is not a contract to be joined at the hip. Surely spending a couple weeks once a year away from your husband, so you can visit your parents, is not the end of the world, is it?

If "I" were in this situation, and the decision was indeed made for us to not live in the US, I'd just take my chances and if tourist visas were denied later on I'd just say "oh well! I guess you're gonna have to visit your parents alone".

In any case, something about what Bob4Anna said (about surrendering a greencard) strikes me on a good note as well. But then why the need for a greencard to do that? Just use the fact that your husband was in the US on a K-1, all set to AOS and he didn't, as proof of no intent to immigrate. If I were the CO reviewing the case, I'd be convinced of such an argument. But then each CO is different, so YMMV.

Good luck with whatever you choose to do

Edited September 10, 2012 by Henry&Rebecca

[lym 0]

Thanks for all the advice! I'm glad to hear that some think a tourist visa may be easier for us now. I really hope so. And very interesting about the person that surrendered a green card for a tourist visa - an idea to keep in mind when we're feeling out of options! I guess we'll just work on pursuing a tourist visa as soon as we get back to his country and go from there...

To be honest, I don't understand this sentiment all too much. Are you saying that it would be impossible for you, the US citizen wife, to visit your own parents every once in a while if your husband doesn't tag along as well? Marriage is not a contract to be joined at the hip. Surely spending a couple weeks once a year away from your husband, so you can visit your parents, is not the end of the world, is it?

If "I" were in this situation, and the decision was indeed made for us to not live in the US, I'd just take my chances and if tourist visas were denied later on I'd just say "oh well! I guess you're gonna have to visit your parents alone".

My parents and my husband love each other very much and are now just as much family as myself and my parents. They consider him their son. It's not about me not wanting to visit them alone, it's about them wanting to see each other too! Especially if we wanted to visit for Christmas or other holiday where it's nice for family to be TOGETHER.

[lym 0]

Oh and I appreciated the confirmation that we couldn't just get a green card and then come and go as we please - that was my impression. It sounds like it isn't even a matter of how much time you spend in the States as much as your residential ties (home, job, etc...)

Again - thanks!

As for the suggestion that we just stay and get citizenship - doesn't that take like 10 years?? Or am I mistaken? I know for some people it makes sense to go right for citizenship, but for us it turned out to be unrealistic to spend 10 years in the States right now.

[Asia 2,499]

As for the suggestion that we just stay and get citizenship - doesn't that take like 10 years?? Or am I mistaken? I know for some people it makes sense to go right for citizenship, but for us it turned out to be unrealistic to spend 10 years in the States right now.

You can get citizenship via through marriage after 3 years of meing married.

[lym 0]

You can get citizenship via through marriage after 3 years of meing married.

Wow. Guess I learned something new today!!!!

That's great! Still not something we'd do RIGHT NOW! But maybe a few years down the road... Yay!