Problem staying in USA for Adjustment of Status

[jproctor70 0]

Looking for some advice please. Please help.

My fiancee and I applied for the K1 fiancee visa. I am a United States Citizen living in Medellin Colombia. My fiancee lives with me in Medellin. We have the initial approval of the I129f form so the next step is an interview with the consulate in Bogota. I do not have a residence in the USA anymore as I live in Medellin but we want to marry in the United States and will do so immediately upon arrival as per the visa requirements. However, the adjustment of status is an issue. We do not have a residence in the USA and we do not want to wait 6 months in the USA for the Adjustment of Status. My fiancee has 2 girls in school and we do not want to uproot them for 6 months. Here are my questions:

1. Can we get married in the states and get approval to come back to Colombia and then just go back to the local office when we need to speak with Immigration again for the Adjustment of Status/Green card etc? I know there is a form to allow multi-visits but will it be granted?

2. What is the problem of not having a USA residence for this process? Evenutally we will want to live in the United States but not now. I have a job that allows me to work from home. But one day, I may not be able to do that.

3. Is it best just to cancel the original K1 petition and go for a K3 Marriage visa. the K3 marriage visa allows adjustment of status immediately I believe and no need to stay in the United States.

4. My fiancee and I live together in Medellin and we have the Hecho de Marital Union in Colombia. I am here in Colombia on the TP-10 Visa because we live together in a marital union. Will that paperwork be sufficient for proving we are married in Colombia or is there additional forms needed to prove we are married in Colombia?

James

[Kat&Jon 86]

1. Can we get married in the states and get approval to come back to Colombia and then just go back to the local office when we need to speak with Immigration again for the Adjustment of Status/Green card etc? I know there is a form to allow multi-visits but will it be granted?

From my understanding of the guides AOS must be filed within the US and a common residence is part of the evidence they require and the residence MUST be within the US so I do not believe this is an option. Plus if your Fiance's AP is approved there is no guarantee they will be let back in especially if you have to leave multiple times. It may increase the risk (that is just my guess though)

2. What is the problem of not having a USA residence for this process? Evenutally we will want to live in the United States but not now. I have a job that allows me to work from home. But one day, I may not be able to do that.

The AOS process requires proof of residence in the US so that you do not abandon your green card. I am afraid it would be a waste of the AOS fee which is substantial if you were not in the US at the time.

3. Is it best just to cancel the original K1 petition and go for a K3 Marriage visa. the K3 marriage visa allows adjustment of status immediately I believe and no need to stay in the United States.

From reading your situation I firmly believe that the marriage visa route is your best option! This allows all of you to return to the US when you are ready and since it takes about a year to complete it seems to fit relatively well into your timeline.

4. My fiancee and I live together in Medellin and we have the Hecho de Marital Union in Colombia. I am here in Colombia on the TP-10 Visa because we live together in a marital union. Will that paperwork be sufficient for proving we are married in Colombia or is there additional forms needed to prove we are married in Colombia?

Again, from my experience if it is considered married in that country then it would be considered married in the US but I would trust an opinion from one of our many people from Columbia to answer. You may want to ask that specific question (if not answered in this thread) in a thread started in the Columbia region thread. I am sure that will get you a quick and accurate answer.

If you remain in Columbia when you go to filing it seems like you would file for Direct Consular Filing as well that way you can remain in Columbia the whole time of the process until you are ready and able to move back to the US. I am however not well versed in this because I know that Direct Consular Filing is not something that Jon and Myself will be doing since I will be filing from the US.

Hope this helps a bit!

Edited October 21, 2015 by Kat&Jon

[baron555 934]

1. Can we get married in the states

Yes

and get approval to come back to Colombia

Don't need any approval to leave the US, only need an AP of GC to return.

and then just go back to the local office when we need to speak with Immigration again for the Adjustment of Status/Green card etc? I know there is a form to allow multi-visits but will it be granted?

No, the GC is for permanent residence in the US. If you are not planning on residing in the US, then why bother with the K-1? You can get married in Colombia now....then in the future if you want to reside in the US, you will petition for your spouse with the CR-1 visa.

2. What is the problem of not having a USA residence for this process?

Answered above.

Evenutally we will want to live in the United States but not now. I have a job that allows me to work from home. But one day, I may not be able to do that.

Answered above.

3. Is it best just to cancel the original K1 petition and go for a K3 Marriage visa. the K3 marriage visa allows adjustment of status immediately I believe and no need to stay in the United States.

Yes to cancel the K-1 and no to the K-3 (which have been replaced by the CR-1 but the way) because you have no plans to reside in the US at the present. Apply for the CR-1 when you guys are about one year's time away from moving to the US.

4. My fiancee and I live together in Medellin and we have the Hecho de Marital Union in Colombia. I am here in Colombia on the TP-10 Visa because we live together in a marital union. Will that paperwork be sufficient for proving we are married in Colombia or is there additional forms needed to prove we are married in Colombia?

If you're already married, then the K1 was never an option for you.

[Kat&Jon 86]

If it helps to clarify I did look up the AOS Instructions for form I-485 that you use when filing AOS after entering the US, and on page 6 near the bottom in big bold letters it states the following:

You must have a U.S. Address to file this form.

So it definitely looks like your best bet is go the route of the spouse visa which is now the CR-1. (No idea why the changed the name of it)

[jxn 86]

Is AoS even the best option for what OP wants? Why not have your fiancée apply for a B-2 tourist visa, get married in the U.S., and go back to Colombia until you're ready to apply for a CR-1/IR-1 visa.

It sounds like you all want to keep living in Colombia for the time being.

[TBoneTX 46,151]

*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- topic involves AoS. ***

[jproctor70 0]

Eventually we might want to live in the USA. Just right now I have apartment in Medellin and as long as I can work from home, I can stay in Colombia. However, part of this too is I want to claim her and her children on my taxes so we have to go through the process of being able to get her a Social Security number or equivelent. I just want the flexibility of being able to go back and forth to the states with her. Maybe CR-1 makes sense.

Tourist visa would be great for her but the problem is the embassy does not typically approve a tourist visa for a single woman in Colombia that does not have a job. Yes she has ties to Colombia (children and parents) but it is a country very difficult to get a tourist visa.

[Unidentified 2,930]

Eventually we might want to live in the USA. Just right now I have apartment in Medellin and as long as I can work from home, I can stay in Colombia. However, part of this too is I want to claim her and her children on my taxes so we have to go through the process of being able to get her a Social Security number or equivelent. I just want the flexibility of being able to go back and forth to the states with her. Maybe CR-1 makes sense.

Tourist visa would be great for her but the problem is the embassy does not typically approve a tourist visa for a single woman in Colombia that does not have a job. Yes she has ties to Colombia (children and parents) but it is a country very difficult to get a tourist visa.

In your first post you mentioned the two of you live in "marital union". If you're already married in Columbia you're just wasting time and money on the K1.

[jproctor70 0]

We do have a marital union de hecho which basically means that we live together. It is basically a statement saying we live together. I am not sure if the US Embassy would say it is the same thing as a marriage. All we had to do was take some paperwork to a notary in Medellin.

[baron555 934]

We do have a marital union de hecho which basically means that we live together. It is basically a statement saying we live together. I am not sure if the US Embassy would say it is the same thing as a marriage. All we had to do was take some paperwork to a notary in Medellin.

I"d email the Embassy and ask.. It's a big deal whether you are legally married or not.

[Unidentified 2,930]

We do have a marital union de hecho which basically means that we live together. It is basically a statement saying we live together. I am not sure if the US Embassy would say it is the same thing as a marriage. All we had to do was take some paperwork to a notary in Medellin.

I would look into whether or not that actually makes you married or not. I'm not familiar with your country specifically but I know that a lot of people get married on paper just so they can live together and by doing so they actually get legally married and some don't even seem to realize it.

[belinda63 3,047]

If you have not intent of living in the US there is no reason for the K-1 or the CR-1 as a green card means you reside in the US. Get married wherever you want and file for an ITIN for her and the children. There is no point on spending the money on an immigrant visa or the K-1/AOS if she is just going to lose her green card for not residing in the US. Of course her chances of obtaining a tourist visa are low but you can apply.

[Pennycat 880]

From what I can tell it sounds like you want some conflicting things. You want to:

1. Become legally married soon

2. But do it in the US

3. Not have to live in the US until you are ready to do so

4. Be able to come and go at will

The issue with all of this mostly begins and ends with the fact that you won't be living in the US. Not only will you not be able to adjust status without maintain residence, but once you DO adjust status, you cannot KEEP that status (as a conditional legal permanent resident aka 2 year green card holder) without maintaining residence. Over a year and it's considered abandoned and then you have to start with the CR-1 or IR-1 visa. Even over a month, they will ask her at customs and if they think she hasn't maintained residence, they can deny entry and consider green card abandoned. So, in the future, even after AOS, you won't be able to not have a permanent residence in the US. I also think (and I'm not sure) that in order to remove conditions from the legal permanent residency, (to get the permanent green card), you can't have spent more than 1 year total outside of the US.

So basically, a K1 is useless to your purposes (except for the having a wedding in the US part which we'll get to in a moment). What you should do is get married soonish and apply for a CR-1 visa about a year before you're ready to make a permanent (or at least mostly permanent for the next 5 or so years until she's eligible for citizenship) move to the US. How does that get you a wedding in the US with your friends and family (I assume this is the issue).... it doesn't. Unless she can get a tourist visa.

Or... if you really are dead-set on it (and I'm not 100% on the legality of this you'd need to triple check)... You could do K1, get married, not apply for AOS, move back to Colombia and apply for a CR-1 when you're ready (a year or so before that permanent move). This means that all of the money spent on the K1 (~$800) will be lost. However, some people spend $800 on an ice sculpture at their weddings, so if that's something that's that important to you, far be it from me to tell you how to spend your money.

[AB loves AG 54]

I just want the flexibility of being able to go back and forth to the states with her.

Based on this statement, a tourist visa is the one that applies. A K1 or CR1 is for living in the US, which doesn't sound like your intent.

[Pennycat 880]

Based on this statement, a tourist visa is the one that applies. A K1 or CR1 is for living in the US, which doesn't sound like your intent.

True. Commenting to add that if OP gets married in Colombia and can prove his own (and his family's as a group) close ties in Colombia, she is much more likely to get a tourist visa than she is as a single woman. There was someone on here just the other day from Egypt I believe that had this work out for them. So they can get legally married in Colombia, and have a ceremony and party in the US on a tourist visa, and save the CR-1 visa for when they're actually ready to reside in the US.