Hypothetically - Could an K-1 who was previous LPR enter and reapply or resume Residency?

[Enigma23 68]

So I was reading a pretty cool pdf that covers the basics of most visas and restrictions, etc. to be more knowledgeable about the overall varios visa processes and restrictions.. after reading about so many stories on VJ.

You can see it here but it's a little older:

http://wdrs.fnal.gov/visas/PermanentResidenceProcessSpousesFiancees.pdf

And I know we have all seen the scenarios regarding K-1's and wanting to adjust after entry without marriage... or to another person,etc. and I know it cannot be done.

So I got to wondering about what' if's and hypotheticals... or theoreticals...

So.....

Could a K-1 Beneficiary who was previously and an LPR that abandoned status by not returning within the 1-2 year limit where they needed to apply for re-entry permit.

Actually enter on a K-1 (Without marrying the person) or use another visa legally and then apply to resume or reapply to resume their residency because they were then actually stateside?

or is the Re-Entry permit required or a blocker,etc.

[Harpa Timsah 13,258]

Once LPR is abandoned, it cannot be reobtained just by going to the US. The person has to start over with a new visa and a new eligibility and everything (K-1 requires adjustment of status and marriage to get a GC). So no.

[jan22 3,053]

And, bottom line, what you are suggesting would be fraudulent -- applying for and obtaining a K-1 fiancée visa, when there is no intent of marrying the petitioner is out and out fraud, since you have to sign a statement indicating your intent to marry said person within 90 days of entering the US. There are times, of course, when people legitimately change their minds, but knowing up front there is no intention of doing so is a real no-no (as well as illegal).

Nor is it likely to work. By applying for a non-immigrant visa (the K-1), if there had been any previous question as to whether you had retained any claim to resident status, you are essentially declaring to USCIS that you acknowledge that you abandoned your former residency. Once it's abandoned, you have to start over.

Edited May 21, 2014 by jan22

[belinda63 3,038]

Harpa is correct. Once abandoned you start over from square one.

[Enigma23 68]

That's pretty much the conclusion I came to. It's funny the stuff I let my brain focus on... it doesn't even matter but see stuff here all the time made me ask...

@jan22 - I'm the USC. I just wondered if there was a loophole for LPR's like the one for Cubans.. if you can touch the soil you can stay.. lol

No fraudulent intent intended. The pdf says you have to be in the US to apply... which got me thinking what visas allowed entry after abandoning LPR (if not a re-entry permit)... My brain gets bored and likes to occupy itself with scenarios and possibilities..... lol

[jan22 3,053]

That's pretty much the conclusion I came to. It's funny the stuff I let my brain focus on... it doesn't even matter but see stuff here all the time made me ask...

@jan22 - I'm the USC. I just wondered if there was a loophole for LPR's like the one for Cubans.. if you can touch the soil you can stay.. lol

No fraudulent intent intended. The pdf says you have to be in the US to apply... which got me thinking what visas allowed entry after abandoning LPR (if not a re-entry permit)... My brain gets bored and likes to occupy itself with scenarios and possibilities..... lol

Didn't mean to imply you had fraudulent intent -- just that the action you described would be fraudulent....no inference/offense intended.

[Enigma23 68]

Didn't mean to imply you had fraudulent intent -- just that the action you described would be fraudulent....no inference/offense intended.

hey Jan22!! Nope! No worries.. None taken... Just wanted to clarify because the term "you" was used.. just clarifying for safety sake.

[TBoneTX 45,288]

*** Thread moved from K-1 Process forum to General Immigration Discussion forum -- topic is hypothetical. ***

[SusieQQQ 11,586]

Just FYI - you can only apply for a re-entry permit if you are in the US, before you leave. If you have already left and stayed out long enough to be deemed to have abandoned residence, you need to apply for a returning residents visa. http://travel.state.gov/content/visas/english/immigrate/types/returning-residents.html#1

They don't just hand these out of course - you basically have to prove that you stayed out that long for reasons beyond your control.

Edited May 24, 2014 by SusieQQQ

[Enigma23 68]

Just FYI - you can only apply for a re-entry permit if you are in the US, before you leave. If you have already left and stayed out long enough to be deemed to have abandoned residence, you need to apply for a returning residents visa. http://travel.state.gov/content/visas/english/immigrate/types/returning-residents.html#1

They don't just hand these out of course - you basically have to prove that you stayed out that long for reasons beyond your control.

Aaaahhhh Okay! This makes the rest more clear... Thank you!

So it's asked for before you leave.. not just if you somehow make it to us soil.. lol

Gotcha! Thanks!