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Posted

Hi Everyone

My fiance and i have filed for K-1 and she is approved so far, just has to do the interview at the consulate and get the visa. She was planning to come in July. However, I just received word that there may be a position opening up overseas that I could apply for. If the position becomes available, i would anticipate moving around November out of the country.

The question is, if it all falls into place, what are my options. If she comes here and we get married and apply for AOS and she gets conditional status could we move out of the country? or would all of this work be void.

Just wondering what everyone thinks and what the best way of going about this is. Some have suggested not getting married, having her come to stay for a while on a normal 3 month tourist visa (shes european) and then get married over there and whenever we come back i apply for I-130.

Thanks

Filed: Citizen (pnd) Country: France
Timeline
Posted

If you guys don't plan to live in the US, the K-1 route (with AOS then) becomes completely useless. The goal of the process is to get a green card, meaning your fiancée would become a permanent resident of the US. If no plan to reside in the US, you can't keep the green card.

If you get the job and decide to live in another country, get married whenever you want, where you want. She could come with a tourist visa, get married, but then leave the US before the expiration of her visa. Or get married in another country.

If one day you want to return to the US permanently, yes, you would have to start the paperwork to get a spousal visa for her.

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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