Post marriage alternative to green card to stay in country

[rob1302 0]

My fiancee (U.S) and I (Canada) have been working our way through the K1 visa process. Once I get the visa and enter the U.S our plan is to marry asap and then stay in the country for 7-8 months. Afterwards we were planning on living abroad and my fiancee was going to do some studying and grad school (also abroad) for a couple years as well. So we would most likely be out of the U.S for 3 years.

I know the process after marriage is to apply for a green card since I can only stay in the country for 90 days under the K1 visa. However the green card is for people intending to stay and live in the U.S.

Seeing that staying isn't our immediate plan, is there any other way for me to stay in the U.S. for the following 7-8 months without applying and getting a green card since I would end up losing it if we left for 3ish years.

Cheers

[caliliving 606]

it is going to take about 4 months AFTER you apply for AOS to get the gc.. then you will leave after 2 months of having it and be abroad for 3 years and you will have to spend the money and reapply for the GC as having a GC is to stay and live in america... what you are doing does not make sense... why would you want to uproot yourself in america and try to find a job in america (and you won't have a work permit for 3 months) so then you are jobless in america for 3 months and then you have to find a job... you should stay in canada and it is easy for canadians to visit the USA>. you can visit up to 6 months a year.. so you should maybe quit your job 3 months before you want to go abroad and then when you come back 3 years later apply for the GC then.

what you are doing is a waste of time and money.

[aleful 1,905]

hi9493

so why are you applying for the K1? as said it makes no sense, it's a waste of time and money, you will be undocumented once the i94 expires

it's better to come on a visitors visa and get married, you can stay up to 6 months legally

[rob1302 0]

I currently have some passive income so I most likely wouldn't be getting a job for those 7-8 months.

I know getting a green card and then losing it a couple months later makes no sense hence why I was asking if there was any other option to be able to stay without applying for one.

I'm unlikely to be able to visit for an extended period of time under the B2 visitor visa since I was denied entry to the u.s 7 months ago because the immigration officer found that I was spending too much time in the u.s and I had to withdraw my application for admission

[caliliving 606]

Lol this is why you need to give all the details. Their is always more to a story...well you need to then stay in Canada and go abroad with her. She can visit you in the meantime...when you decide to come back to America apply for the cr1 then.

[MASH 172]

I currently have some passive income so I most likely wouldn't be getting a job for those 7-8 months.

I know getting a green card and then losing it a couple months later makes no sense hence why I was asking if there was any other option to be able to stay without applying for one.

I'm unlikely to be able to visit for an extended period of time under the B2 visitor visa since I was denied entry to the u.s 7 months ago because the immigration officer found that I was spending too much time in the u.s and I had to withdraw my application for admission

Just curious why you got a visitors visa when Canadians can stay in the states for 6 months, just show some ties to Canada and they will let you pass

[Cathi 5,783]

k-1 makes absolutely no sense if you will not be living here. A green card is for living in the US, not visiting every once in a while

[Unidentified 2,930]

it is going to take about 4 months AFTER you apply for AOS to get the gc.. then you will leave after 2 months of having it and be abroad for 3 years and you will have to spend the money and reapply for the GC as having a GC is to stay and live in america... what you are doing does not make sense... why would you want to uproot yourself in america and try to find a job in america (and you won't have a work permit for 3 months) so then you are jobless in america for 3 months and then you have to find a job... you should stay in canada and it is easy for canadians to visit the USA>. you can visit up to 6 months a year.. so you should maybe quit your job 3 months before you want to go abroad and then when you come back 3 years later apply for the GC then.

what you are doing is a waste of time and money.

4 months to GC is very optimistic. Many wait closer to a year.

OP you wasted your money by filing for the K1. Sure you can come over on a K1 and get married.... Then unless you file for AOS there's no legal status, no right to work...

[chaoticlogic 27]

My question as well is why you went the K1 route? Your current plans contradict the purpose of receiving a K1. What were your plans before filing for the K1?

[robrl 0]

deleted

Edited March 12, 2016 by robrl

[rob1302 0]

When we first started doing the K1 process several months ago our plan was to live and stay in the U.S. permanently (or at least for 3+ years).

I understand with our current plan the K1 seems to make no sense, but we had no idea when we started, I'm not worried about the little bit of money we lost with the first fee we paid as we didn't know that we would be doing this. We started talking and discussing the possibility of going elsewhere for her grad school studies after they had already received the I-129F petition.

I've realized that doing all the applications and things needed for a Green Card would be expensive just to lose it a couple months after receiving it (if I would even get it that quickly) and that's why I don't want to go that route.

Anyways thanks for all the information

[Unidentified 2,930]

Keep in mind that if you don't leave within the 90 days of your arrival you're technically in the country illegally.

[rob1302 0]

Keep in mind that if you don't leave within the 90 days of your arrival you're technically in the country illegally.

I'm aware of that but thank you for making sure

At this point I don't think we're going to continue with the K1 process unless we decide not to live elsewhere, but I had to check and make sure there wasn't another way other than the green card.

[Jonando 3]

My fiancee (U.S) and I (Canada) have been working our way through the K1 visa process. Once I get the visa and enter the U.S our plan is to marry asap and then stay in the country for 7-8 months. Afterwards we were planning on living abroad and my fiancee was going to do some studying and grad school (also abroad) for a couple years as well. So we would most likely be out of the U.S for 3 years.

I know the process after marriage is to apply for a green card since I can only stay in the country for 90 days under the K1 visa. However the green card is for people intending to stay and live in the U.S.

Seeing that staying isn't our immediate plan, is there any other way for me to stay in the U.S. for the following 7-8 months without applying and getting a green card since I would end up losing it if we left for 3ish years.

Cheers

Maybe look into a tourist Visa...my husband's brother came from Mexico and stayed for 6 months in USA...hope that helps

[NikLR 13,232]

Maybe look into a tourist Visa...my husband's brother came from Mexico and stayed for 6 months in USA...hope that helps

OP was denied entry last time they tried to visit.