K1 visa, but don't really want a green card or citizenship

[Unknown Guest 15]

wife is here on a K1 visa. We got married. But due to other financial reasons that I don't want to delve into, she does not want to apply for AOS or citizenship (she rather keep her original citizenship). If she was to apply for just the I-131 documents allowing her to travel back and forth....will she still be able to stay in the U.S. as long as she is married to me?

[Harpa Timsah 13,258]

She cannot live in the US without a Greencard.

Her marriage to you does NOT make her legal in the US. After her I-94 expires for the K-1, she will be a visa overstay and accrue days of illegal presence.

She must apply for a Greencard, or leave the US.

She never has to get citizenship, however. A Greencard is NOT citizenship.

She cannot get AP just for being married to you.

[Jo Së 200]

She is out of status until she applies for AOS. If you do not marry within 90 days she will be here illegally and could affect future applications.

[sweet cakes 326]

wife is here on a K1 visa. We got married. But due to other financial reasons that I don't want to delve into, she does not want to apply for AOS or citizenship (she rather keep her original citizenship). If she was to apply for just the I-131 documents allowing her to travel back and forth....will she still be able to stay in the U.S. as long as she is married to me?

Your wife needs a green card to have a lawful residency in US. Otherwise, she will be here with no legal authorization to stay (aka: deportable), when her I-94 expires.

Citizenship is still a long way down the road. Earliest is 3 years from the date the intending immigrant receives the GC. It can also be later than that. So it will not be automatic that your wife will become a US citizen upon marrying you. She can also maintain just being a green-card holder (apply for the 10 year GC after the conditional GC, which is only good for 2 years) and not apply for citizenship.

Edit: yes, just what Harpa said.

Edited June 5, 2014 by sweet cakes

[belinda63 3,038]

She can either apply for a green card (AOS) or leave the US. The day her I-94 expires she will be out of status. Once out of status, If she is from a VWP country, she will never be able to use the VWP to come to the US again. If she overstays by 180 days or more she will incur a 3 year ban to re-entering the US. Marriage to you grants her no rights to live in the US.

[Darnell 8,478]

If is a financial issue to file now -

will it be a financial issue in 4 to 5 months? If no - hey ! save yer monies - file later - knowing full well she CANNOT LEAVE THE COUNTRY until she has the greencard in hand [sometimes AP is ok also]

Since she came in from China [per yer timeline] it really is best to save up the monies and file the AOS package - tis 1070$USD - you can save that in 4 to 5 months, I'm thinking....

If she leaves now or nowish - you'll have to start over and file an I-130 to chase after a CR-1 visa and that'll take about a year after filing. I hope you two don't want that.... Seriously.

Finally - I'll say - to be the best of my knowledge - a PRC person holding a USA Greencard has no financial penalties back in China - if'n she's trying to arrange her pension NOW , for example... But she will need to arrange for it - either directly at the company, the work unit, or through a buddy/relative....

Edited June 5, 2014 by Darnell

[Jeremy12095 8]

Harpa nailed it on the head man! You don't have an option not to file the AOS. It's a REQUIREMENT otherwise your now wife will be deported and it would screw up her status for the future. The citizenship is totally optional but the AOS is MANDATORY. Harpa is 100% man.. You might want to start asking family for help or have your wife leave the country on her own accord and file Green card. ( If you wife leaves the country she no longer has the K visa it will be the regular I-130 petition you would file after she left.)

[Kiwinyc 62]

She has to apply for a GC, AP is granted while Adjusting Status and only gives permission to return because there is an application for a GC pending.

Also without a EAD or GC she cannot work, cannot drive.

[Jon and Krissy 452]

wife is here on a K1 visa. We got married. But due to other financial reasons that I don't want to delve into, she does not want to apply for AOS or citizenship (she rather keep her original citizenship). If she was to apply for just the I-131 documents allowing her to travel back and forth....will she still be able to stay in the U.S. as long as she is married to me?

1) without AOS, she cannot come and go. She needs a greencard.

2) Where is she from? A lot of countries allow dual citizenship. My wife has dual citizenship.

Just do it the right way - quit trying to reinvent the wheel, but without an axle.

[Cathi 5,757]

then send her home, it;s her only choice

[David & Diana R 1,005]

wife is here on a K1 visa. We got married. But due to other financial reasons that I don't want to delve into, she does not want to apply for AOS or citizenship (she rather keep her original citizenship). If she was to apply for just the I-131 documents allowing her to travel back and forth....will she still be able to stay in the U.S. as long as she is married to me?

NO

[JohnR! 5,495]

wife is here on a K1 visa. We got married. But due to other financial reasons that I don't want to delve into, she does not want to apply for AOS or citizenship (she rather keep her original citizenship). If she was to apply for just the I-131 documents allowing her to travel back and forth....will she still be able to stay in the U.S. as long as she is married to me?

It seems she her understanding of AOS is incorrect. What you propose, that she keeps her original citizenship and retain the ability to come and go and stay in the US as long as she is married to you, is precisely what the greencard is for.

By taking up a greencard she will not become a US citizen not will she in any manner renounce her current citizenship. In addition with a greencard she can stay in the US for as long as you are married, and longer still. In addition she cam leave the country - for no more than 12 months at a time - and return with no issues.

Good luck!

[Avery Cates 1,141]

She cannot live in the US without a Greencard.

Her marriage to you does NOT make her legal in the US. After her I-94 expires for the K-1, she will be a visa overstay and accrue days of illegal presence.

She must apply for a Greencard, or leave the US.

She never has to get citizenship, however. A Greencard is NOT citizenship.

She cannot get AP just for being married to you.

We can pretty much just end the thread with this post.

[Darnell 8,478]

If is a financial issue to file now -

will it be a financial issue in 4 to 5 months? If no - hey ! save yer monies - file later - knowing full well she CANNOT LEAVE THE COUNTRY until she has the greencard in hand [sometimes AP is ok also]

Since she came in from China [per yer timeline] it really is best to save up the monies and file the AOS package - tis 1070$USD - you can save that in 4 to 5 months, I'm thinking....

If she leaves now or nowish - you'll have to start over and file an I-130 to chase after a CR-1 visa and that'll take about a year after filing. I hope you two don't want that.... Seriously.

Finally - I'll say - to be the best of my knowledge - a PRC person holding a USA Greencard has no financial penalties back in China - if'n she's trying to arrange her pension NOW , for example... But she will need to arrange for it - either directly at the company, the work unit, or through a buddy/relative....

I note in reading your prior posts from last year - that there is no financial issue involved for filing now. I suggest you FILE NOW and await the NOA-1 receipt - she MIGHT be able to use it with the university to show lawful presence - depends on what the admissions office knows about AOS'ing folk that AOS from a K-1....