K1 Visa - Get Married - What now?

[Raph 0]

Hi All,

First of all, thank you very much for all the info provided here on VJ, it was surely a big help on every stage of the process so far. However I am struggling to find out what to do after I got married?

Situation is as Follows: We started to apply in July 2013 and my intention was to quit my job here in Singapore move over to the US once the visa is approved. However things have changed slightly and now, if I get the K1 and after I get married in February I plan on actually going back to Singapore to finish an assignment and by the end of 2014 I should be able to move to the US together with my company.

It is not ideal to stay away from my loved ones for another year but ultimately it will make our situation a lot easier.

But my question is what to do after we got married? I read about the AOS, but do I really need it or is it more sensible to actually wait with it till I move over for good?

Also, the time in between, can I just fly over and visit my wife with a tourist visa or is the K1 allowing me to travel there for a certain period (just like a tourist visa)?

I have some more questions actually, but I guess they are belonging in a different forum. Here are they anyway (just in case you have answers for those too )

When I move over to the US do I need to get paid in the US or can I still get paid in Singapore? How does that work with taxes? And insurance?

Many many thanks

Raphael

[KayDeeCee 4,896]

The K-1 is a one time entry visa. It will become null and void once used. Why come over on a K-1 if you are not planning to stay though? A K-1 is used to marry in the US and then file for AOS to become a permanent resident, living in the US. If you come over with a K-1 and leave before filing for AOS, you cannot return and then file for AOS later. You would need to begin a new process of obtaining a spousal visa when you want to return to the US to live. Why not just marry now and then file for a spousal visa when you are ready to live in the US?

[Ilovemyman 147]

You know very well that k1 visa is for one entery, you know better that imediatelly you use the k1 you cant leave the country without aos.

If you move to usa and leave wothout gc , you wont enter again with the k1visa, k1 visa expire imediatelly you enter to usa.

[baron555 934]

The K-1 is a one time entry visa. It will become null and void once used. Why come over on a K-1 if you are not planning to stay though? A K-1 is used to marry in the US and then file for AOS to become a permanent resident, living in the US. If you come over with a K-1 and leave before filing for AOS, you cannot return and then file for AOS later. You would need to begin a new process of obtaining a spousal visa when you want to return to the US to live. Why not just marry now and then file for a spousal visa when you are ready to live in the US?

And to obtain and abide by the terms of the GC, you need to maintain permanent residence in the US. Leaving for a year after marriage using a K-1 will void all that. Best you stay out of the US until you can move here permanently. Apply for a visitors visa to visit here.

[Raph 0]

Sorry, thought I made it clear, the situation for us changed AFTER we applied for the K1. So apparently I do know better (thanks! That's why I asked...) So, the only option is to apply for AOS and get the AP?

[Darnell 8,479]

Oh, heck no, there are lots of other options besides that.

I suggest you two chase after a spousal visa when yer ready, after marriage. Forget AOS, in it's entirety.

wait a mo, let me study your non-existent timeline.

February, you say? Marry in February ? in the USA? it'll take about 135 days to get the AP card after filing the AOS paperwork, so you'd have to stay in the USA at least that long (presupposes you two file for AOS immediately after marriage) . Does that affect your 'work in Singapura' at all?

[KayDeeCee 4,896]

Sorry, thought I made it clear, the situation for us changed AFTER we applied for the K1. So apparently I do know better (thanks! That's why I asked...) So, the only option is to apply for AOS and get the AP?

You would either stay in the US and file for AOS and leave when you get AP. That takes about 2-3 months to receive after you file. Then you would need to be able to return if you should be called for an interview. You also must maintain your residency, and must be present in the US more than you abroad. It does not sound like AOS fits your situation. You would be spending $1070 for something that won't work well for you. Go ahead with your plans to get the K-1, come and get married and then skip AOS. GO back and finish your schooling, and then file for a spousal visa when you are ready to come live permanently in the US.

[kitthekat 1,317]

How far along in the process are you? Since the K1 is kind of an expensive visa, why not just enter on VWP in February, marry, then return to Singapore? I'm guessing that you either have German or Singapore citizenship, both are VWP countries. Generally you get 90 days on VWP, same as the K1 if you don't intend to AOS, and you won't have to pay the US$240 fee to the embassy, along with the medical, etc, just to have to repeat it all for the spousal visa in the future. After you're married your fiance(e) can pull the K1 and file for a spousal visa instead. That way you can wait out the time for the spousal visa while you're working in Singapore.

[Raph 0]

We are pretty far actually, had my interview already and submitted a few missing papers two weeks ago. Now I am just waiting for the reply from the embassy to book my ticket and fly over. I am off from work for three months to get everything sorted in the US that I have to. So filing for the AP and AOS might cut it a bit fine but it is still possible? Would my wife be able to send the AP via mail to me?

[Raph 0]

Timeline done!

[KayDeeCee 4,896]

You cannot leave until AP is approved and in your hands. Then, you might be called for an interview, which you will both need to attend. If you have an interview, the IO might scrutinize you more about your situation.. not living with your newlywed spouse and not living in the US. The cost of AOS is $1070, so decide if you really want to go that route before doing so. It would be cheaper to apply for a spousal visa after you are married, and skip AOS.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is basically about AOS ~