K1 question

[cshaw101 0]

Hello. I have a question about how long my foreign fiance would have to stay in the country after we were married. Right now she is not sure if she wants to attend another year of school in the UK. We want to go through with the K1 visa process to keep our options open, but at the same time we don't want to abort the process and possibly make things more difficult in the future. We are worried that once she is over here and we are married, we might run into problems if she wants to leave the country for more school. Has anyone had a similar experience? Any advice would be greatly appreciated. Thanks.

[john_and_marlene 162]

if she leaves before AOS, you would have to start over again with a petition for spouse I-130 to return

if she leaves after getting a permanent resident card, she may have issues with abandonment of status if she chooses to attend school in a different country.

Have a consultation with an immigration attorney -- I don't know if they grant reentry permits for attending school outside the U.S.

[rosyanne 0]

She has to apply for AP so when she wants to come back... she has no problem to enter the country...

But she has to live in the country for certain amount of time in order for her to adjust her status.

[JenT 0]

She can leave the country at any time... the problem would be in trying to get back in.

After entry on a K1, you must marry within 90 days and adjust status ASAP thereafter to obtain conditional permanent residency. When you file to adjust status, you are also eligible to file for Advance Parole at the same time. AP allows the beneficiary to travel outside of and return to the US while the AOS is in progress. Not knowing your personal circumstances, you'll have to read the form yourself to see if she would qualify for AP.

http://www.uscis.gov/files/form/I-131.pdf

Your AOS will yield conditional residence status.... you can apply to lift conditions after 2 years and become a permanent resident.

Here's a link to AP for permanent residents.... I can't find anything for conditional permanent residents with respect to school related departures...

http://www.uscis.gov/files/article/B5.pdf

I'd do some research, then consult with an attorney to verify your facts.

Jen

[john_and_marlene 162]

AP is for brief trips outside the U.S. AP does not cover attending school outside the U.S.