AOS after K1 marriage.. How long can I wait?(merged)

[vacchins 7]

Hi everyone

I'll try to make it simple.

My fiancé has some financial issues. I already have a k1 visa and will get married in the US in august.

we're talking about postponing my AOS because we won't be able to rent a place for the next year.

we were thinking about two options:

1- get married and then I'll return to my home country (Italy) and wait for him to have enough money to start living together.

2 - get married and file for AOS. Once I get my green card, I'll go back to my home and come back to the US to visit him quite often but basically keep living in Italy so I can keep my green card until better times comes.

he lives with his parents and it's impossible for us to live at his place with them because we're a gay couple and his parents are against our marriage.

now, what happens if I go back to Italy without filing for AOS? We'd still be married, can we file for AOS even if I live in Italy after many different months or would he have to sponsor me for a K3 visa and start the process all over again?

if I come back to the US for frequent visits (without being away from the US for more than 6 months) will I face problems getting back in? I would still be his husband.

Please clarify this situation for us, we don't know what to do.

Thank you very much

Edited March 15, 2016 by vacchins

[Georgia16 2,858]

If you go home before AOS then you guys will need to start over with a CR-1 visa.

Why see if you guys can save the $1,070 for AOS after marriage and then as soon as you have your EAD you can start working...

[yuna628 9,677]

Hi everyone

I'll try to make it simple.

My fiancé has some financial issues. I already have a k1 visa and will get married in the US in august.

we're talking about postponing my AOS because we won't be able to rent a place for the next year.

we were thinking about two options:

1- get married and then I'll return to my home country (Italy) and wait for him to have enough money to start living together.

2 - get married and file for AOS. Once I get my green card, I'll go back to my home and come back to the US to visit him quite often but basically keep living in Italy so I can keep my green card until better times comes.

he lives with his parents and it's impossible for us to live at his place with them because we're a gay couple and his parents are against our marriage.

now, what happens if I go back to Italy without filing for AOS? We'd still be married, can we file for AOS even if I live in Italy after many different months or would he have to sponsor me for a K3 visa and start the process all over again?

if I come back to the US for frequent visits (without being away from the US for more than 6 months) will I face problems getting back in? I would still be his husband.

Please clarify this situation for us, we don't know what to do.

Thank you very much

I think you are going to have to sort out your financial difficulties with fiancé, the living situation, and the parental situation as soon as possible.

If you come to the US and get married on a K1, you are free to go back home to Italy. However, you may not return to the US and live with your then-spouse without then applying for a spousal visa. This process can take up to a year. You may visit while waiting for the process to complete, provided you have evidence of returning back home. Frequent visits typically are not ideal, VWP should not be abused.

Typically though, a K1 will enter the US, marry their spouse, and then file for AOS (you may also file for temporary work and travel permit at the same time and the fee for these will be waived). The K1 adjusting spouse should stay in the US with their spouse and not move back home abroad. While the temporary work and travel permit takes up to 90 days to arrive, the green card can in some situations take nearly a year of time.

I know your situation is difficult, but you two should be free and able to enjoy life together as a married couple without placing undue stress on your marriage and potential difficulties in maintaining your green card (what you suggest would most likely endanger that process). That's why I suggest your USC fiancé is going to have to sort out their living/work situation before you should proceed on anything. They will certainly need to financially sponsor you or find a joint sponsor for AOS aswell.

[Anh map 2,098]

If you two have enough money for one of you to fly and back forth from Italy to the US wouldn't that money be better used to begin your life together in the US?

Green cards are meant for living in the US, not making visits. Sort out your finances and start your life together.

[vacchins 7]

Hi guys

I'm getting married with my fiancé (USC), due to work reasons I can't leave my job in my home country, this was unexpected, I already have an approved K1 visa in hand.

What happens if I come back to the US every 6 months, to visit my husband and stay with him for some weeks and go home again?

Technically my trips to the US will be frequent and won't stay out of the US for more than 6 months.. but I would only be present in the US for some months in a year, basically touch-down trip to visit my fiancé and retain my GC... would I be facing problems getting back in?

would they think I abandoned my resident status even if I keep my bank account, fill tax returns etc and trips are shorter than 6 months?

what's the best thing I can do? would I need a re-entry permit?

Thank you very much

Edited March 15, 2016 by vacchins

[Kastrs 723]

Hi guys

I'm getting married with my fiancé (USC), due to work reasons I can't leave my job in my home country, this was unexpected, I already have an approved K1 visa in hand.

What happens if I come back to the US every 6 months, to visit my husband and stay with him for some weeks and go home again?

Technically my trips to the US will be frequent and won't stay out of the US for more than 6 months.. but I would only be present in the US for some months in a year, basically touch-down trip to visit my fiancé and retain my GC... would I be facing problems getting back in?

would they think I abandoned my resident status even if I keep my bank account, fill tax returns etc and trips are shorter than 6 months?

what's the best thing I can do? would I need a re-entry permit?

Thank you very much

Firstly, since you will be coming to the US on a K1, you will not be able to leave the US until after you receive your EAD/AP card-about 90 days after filing (after you are married). You will not be able to work during that time. In order to maintain your GC, you will need to maintain your permanent residence in the US. This is done by spending more than half the year within the US. So if you spent 6 months ex US you would need to spend 6 months in the US. The GC is not for use to travel to the US for visits.

Yes you could face problems getting back in the US.

[teeak 224]

How much time do you need to spend at work before you can leave?

Your K1 visa is valid for 6 months from the date of medical and you can possibly get an extension if you make the request to the embassy before it expires.

[Georgia16 2,858]

You got advise in your other thread you made about the same topic.

[baron555 934]

1- get married and then I'll return to my home country (Italy) and wait for him to have enough money to start living together.

Then you'll have to file for the CR-1 Spousal Visa and wait the year those take to be issued.

2 - get married and file for AOS. Once I get my green card, I'll go back to my home and come back to the US to visit him quite often but basically keep living in Italy so I can keep my green card until better times comes.

No, the GC assume permanent residence within the US, minimum is 6 months within a year's time. If you leave and stay away, then in effect you are abandoning the GC and will have to go the CR-1 route.

he lives with his parents and it's impossible for us to live at his place with them because we're a gay couple and his parents are against our marriage.

Bummer but understandable.

now, what happens if I go back to Italy without filing for AOS? We'd still be married, can we file for AOS even if I live in Italy after many different months or would he have to sponsor me for a K3 visa and start the process all over again?

No, it's CR-1 route.

if I come back to the US for frequent visits (without being away from the US for more than 6 months) will I face problems getting back in? I would still be his husband.

Not a problem. You will need the AP or GC to be able to enter back to the US.

[Ontarkie 14,234]

~~Duplicate thread merged. Please only start one thread for the same or similar topic.~~

[tamcloud 92]

From your two posts, it seems that not only does your fiancé have financial and family issues here in the U.S., but also that you are not in a position to leave your job any time soon. Basically, you want to marry, but aren't in a position to change residence at this time...correct?

In your shoes, I would (and my wife and I almost chose a similar route for slightly different reasons) go ahead and marry in the U.S.; then return home while the work/family/financial issues are sorted out. If you marry sooner, you can begin the CR-1 process sooner. You'll also have more time to sort out the other problems the two of you are facing...which really do need to be resolved before you try to move. A bonus, is with the CR-1 you can start looking for work upon arrival, rather than waiting - as you would have to if staying to adjust status on the K-1.

You'll jeopardize your GC, if you use it for "visits" while you live/work in Italy - that is not its purpose. Since you're not ready to reside in the U.S., there's no need to go through that.

[Pennycat 880]

Even if you already had your GC, coming back for a few weeks every 6 months is not enough to keep your GC. It is considered "abandoned" if you spend more than 6 out of any 12 months outside of the US. You won't even have your GC after you are married-- you'll be waiting for it, and they won't grant one under those circumstances.

If you really cannot leave your job and if you really will not be able to afford AOS, I think your best bet is to abandon K1 process (if your circumstances changed that drastically you've really got no other choice), get married and apply for CR1. Can your partner relocate to Italy while this is happening? Note-- this may have effected your VWP privileges so you may *have to* enter on the K1, marry, and then abandon the process. You may (maybe, ask other VWP program folks) need a B2 to visit. Good news on the B2 is that you can visit for 6 months at a time. Bad news is it's difficult for spouses of USCs to get B2s (too many people use them as a work-around for CR1).

[Alaska2012 462]

If your fiancé have financial issues and lives at his parents and you have a job, why doesn't he move to Italy instead?

[tamcloud 92]

If your fiancé have financial issues and lives at his parents and you have a job, why doesn't he move to Italy instead?

Same-sex marriage is not recognized in Italy. To my understanding, there is a bill up for vote that would allow civil unions with limited rights; don't know if it includes immigration provisions. But, it may be an option by the time they are ready. To date, however, if they want to marry and have it be recognized, it would have to be in the U.S.

Edited to add: Looks like the civil unions bill passed last month...

Edited March 15, 2016 by tamcloud

[vacchins 7]

Thank you everyone for your useful tips. We'll consider the cr-1 route. One last question: if I apply for a re-entry permit after I get my green card, Can I go back to Italy and come back to the US before the permit expires? Would that Allow me to retain my GC even if I go back home? I thought of doing this to avoid going thru a similar process As I did for my k1 visa (interviews, consulate appointments etc)

Thanks