K-1 Fiance travel question after entering USA

[ilsbird83 0]

My fiance has successfully completed her interview and gotten her K-1 Visa packet few days ago. However, I am in a bit of dilemna. Of course being a US Citizen, she has to come here and get married within 90 days. I have been offered a career job overseas which I applied for months ago. I did not expect to be offered a position anytime soon, but surprisingly they have hired me and want me to report in July. Its a 3 yr contract overseas. Question is, can my fiance once she enters the USA travel overseas at all meaning visiting me while I am working there or she has to be physically present and living in the USA until she gets her residential status/green card in 2 yrs. Would appreciate a correct answer as this a matter of a career and my future married life. Cause if she cant travel overseas at all once in the USA on a K-1 for 2 yrs, then i will have to decline this offer. But i would like to see if there is anyway things can be worked around in my situation. Thank you.

[Caryh 5,206]

She needs at least her AP before traveling (60 to 120 days after filing to AOS). But if she's going to spend over 6 months out of the year out of the country, there's a good chance the green card will get yanked. You have to maintain residency in the USA. In other words she's still going to need a full time place to live in the USA. Both of you may have to travel back on short notice for a green card interview if called.

Edited May 9, 2016 by Caryh

[IcezMan_IcezLady 582]

Whether your fiance can travel with you overseas or not depends on that's country's visa availability. However, your fiance is welcome to stay in the US while you are gone but you two can marry before you leave. Make sure to set up your finances for co-mingling evidence later. Then wife can apply for visa for that country and visa you.

[Harpa Timsah 13,258]

She can travel after a bit, but the bigger picture is that family visas exist for family reunification and you will not be in the USA. Might be best to refile in a few years.

If she lives in the US without you you will have a difficult time proving a bona fide marriage. You would also become unsuitable for the I-864, and you would have to travel back to the US for an AOS interview. If you live apart I would expect you to be called for one.

It's just going to be an uphill battle if you are not living together as intended.

Instead, she could come to the US to marry then you both could go to your job overseas, then you could pursue a spousal visa later.

Edited May 9, 2016 by Harpa Timsah

[ilsbird83 0]

Thank you for all your wonderful responses. So which brings me to my next question, once she enters the USA and we get married within 90 days and i file for her Adjustment of status. How long on average does it take for her to receiver her conditional status green card. Obviously, i know she cant leave the USA until she gets her green card but my only theory is while I am working there in Dubai, UAE in this case, can she visit me for 1-2 weeks every few months until she gets her green card. And of course i will visit when i can too and my prospective employer in Dubai,UAE is giving me and my prospective wife visa and work permit if required while she visits or plans to stay there with me. I dont intend to keep her there more than 2 weeks at a time at max during her visits. Is that still not a possibility

[TBoneTX 45,910]

*** Thread is moved from the K-1 Process forum to the Working & Traveling forum, as one of several possible destination forums for this topic. ***

[aaron2020 11,651]

You are missing the big picture.

What are you going to do when it comes time for the ROC on her 2 year green card? How are you going to show a bona fide marriage with you in Dubai and your new bride in the US?

Have your wife move with you to Dubai and then apply for an immigration visa when you are ready to come back.

[Caryh 5,206]

There is no average time to issue a green card. Will she get called for an interview? Then her case progress will be determined by the local office. What service center will have her AOS, their time to process can differ greatly. Did the service center it was sent to suddenly get super busy? When my wife applied to adjust status, they were only taking about 4 months to process. But suddenly they had a big slow down in AOS processing, and many took over a year before getting green cards. Had we applied a month earlier she would have likely had her green card in 4 months. You never know what is going to happen with this process, but from what I've head, adjustment of status is moving rather slow right now and every case is different to. Look at the timelines if you want to get an estimate of what the latest filers to get approved took. But this may or may not be anywhere close to what it will take her.