K1 but not applying for AOS

[fei23k 1]

Hello All,

So my wife POE was on April 3rd in Hawaii under K1, and we just got married on the 6th. Now,  we are now back to Kansas.

Due to her family situation, she cannot be permanently staying in the US for the next year or two,

We understand this situation before we get married, and I believe i should not have applied her for K1 visa because i didn't know you can still get married in USA with a travel Visa.

Anyway, so she is leaving on Sunday this week, I wonder if I have to file some kind of form before she leave the country?  

or if she leave as is, would that hurt her from returning in the future even just for visit??

Thank you so much!

 

[Ben&Zian 4,398]

5 minutes ago, fei23k said:

Hello All,

So my wife POE was on April 3rd in Hawaii under K1, and we just got married on the 6th. Now,  we are now back to Kansas.

Due to her family situation, she cannot be permanently staying in the US for the next year or two,

We understand this situation before we get married, and I believe i should not have applied her for K1 visa because i didn't know you can still get married in USA with a travel Visa.

Anyway, so she is leaving on Sunday this week, I wonder if I have to file some kind of form before she leave the country?  

or if she leave as is, would that hurt her from returning in the future even just for visit??

Thank you so much!

 

 

There is no form or anything you can get without filing for AOS. (this would be emergency AP)

 

If she does not intend to stay or be in the US for 1-2 years, then nothing much you can do. Whenever she is ready and things are settled down you can petition for her with a CR-1(spousal visa, since you married).

 

She can apply for a tourist visa from wherever she is to be at, but it might be tough seeing as she is married to a USC; but she can definately try. Or you just go visit her.

[fei23k 1]

5 minutes ago, Ben&Zian said:

 

There is no form or anything you can get without filing for AOS. (this would be emergency AP)

 

If she does not intend to stay or be in the US for 1-2 years, then nothing much you can do. Whenever she is ready and things are settled down you can petition for her with a CR-1(spousal visa, since you married).

 

She can apply for a tourist visa from wherever she is to be at, but it might be tough seeing as she is married to a USC; but she can definately try. Or you just go visit her.

Hi Ben&Zian,

Thanks for replying.

As far as CR-1, I'm fully aware that I will have to file all these Spousal Visa again when she ready to come back and stay.

I just worry that if we decided to come travel to US like going to NY just for a week or so, would that be harmful to her visa-application because she left the US after she married and not applying AOS, maybe she will be terminate/blacklist something like that?

[geowrian 22,337]

Just now, fei23k said:

Hi Ben&Zian,

Thanks for replying.

As far as CR-1, I'm fully aware that I will have to file all these Spousal Visa again when she ready to come back and stay.

I just worry that if we decided to come travel to US like going to NY just for a week or so, would that be harmful to her visa-application because she left the US after she married and not applying AOS, maybe she will be terminate/blacklist something like that?

There's no ban or anything for doing so. I would expect her to be asked about it in her CR-1/IR-1 visa interview, but she just has to explain what happened. There's no issue and she wouldn't be the first person to do this. Just make sure she leaves before the 90 days form her K-1 entry so she doesn't overstay.

[Ben&Zian 4,398]

1 minute ago, fei23k said:

Hi Ben&Zian,

Thanks for replying.

As far as CR-1, I'm fully aware that I will have to file all these Spousal Visa again when she ready to come back and stay.

I just worry that if we decided to come travel to US like going to NY just for a week or so, would that be harmful to her visa-application because she left the US after she married and not applying AOS, maybe she will be terminate/blacklist something like that?

 

No, no harm will be done. Just ensure when she leaves the US she hands in her i-94 to ensure that they are aware she is gone. Otherwise they may consider her "overstay" after the 90 day status without AOS. Then upon time to file for CR-1 or apply for tourist visa it may get complex as they don't know she is gone you know?

 

Shouldn't cause any issues though in regards to that with her leaving. Again she just has to be able to demonstrate when applying for a tourist visa in the future that even with you as her USC spouse she intends to return home and no misuse the visa for immigration purposes.

[fei23k 1]

Thank you all for the information,

this helps a lot  just one more question,

"...when she leaves the US she hands in her i-94 to ensure that they are aware she is gone."  may I ask who does she hands this to?

I have her I-94 printed out for SSN already, i think i can reuse that

[Rc123rc 528]

She is going to have to try applying for a tourist Visa and meet the same requirements as everyone else but, because you are married, she may have a harder time proving ties to her country and will be denied. You may be going there or meeting in a third country for the next two years until the CR-1 is approved and she can come back permanently. 

[f f 725]

I would be tempted to say you would have an easier time than most spouses of usc in getting a visa. since you came legally but then decided to go back for family reasons. just bring evidence you will return after your trip.

 

good luck and thank you for going the legal path.

[zilchfox 296]

The moment she leaves, her K-1 visa is garbage. You can always sponsor again in the future with a CR1/IR1 visa, as you are both currently married, when she is ready to move. She won't be overstaying until around July 3rd give or take (depends on what the I-94 says), however this is typically forgiven when doing AOS. Since you are not, it's best she vacates before her final date on her I-94 so she doesn't accrue overstay, and she can give her I-94 to the CBP officers while leaving to prove she's leaving on-time. She won't be in trouble, and she technically fulfilled her obligations of her K-1 visa; enter, get married within 90 days of entering.

 

You guys should be fine

[DrEllaNJ 288]

I don't think you can "hand in your i-94" since i-94 departure data are now transmitted by the airlines (flight manifest). However, you should check her i-94 record a few days after she leaves to see if her departure got recorded. Just to be on the safe side, she should hold on to her return boarding pass (so print it instead of electronic in app) and do something official that puts her out of the US after her departure (an ATM transaction in her home country for example). If the i-94 is incorrect you can get it amended (ask around after you verify, if that's the case. No point in worrying about it now).

Edited April 17, 2017 by DrEllaNJ

[Ontarkie 14,225]

Any chance she can stay and you apply for AOS asap? She can get emergency AP and get a 2 yr re entry permit. 

 

 

[fei23k 1]

Hello all,

thank you so much for all the information, I see a lot of you has mentioned about overstaying.

Her last stay of the date would be July 3rd, as mentioned by zilchofox, and she is leaving April 17th, so this wouldn't be an issue.

and Ya, we understand that we will be filing all these paperwork for CR1 or even just the travel visa. 

I am just afraid that since we didn't file any AOS like everyone else did, she just get married here and leave, would that get her blacklisted from entering to the country again.

'cause I know if you applied AOS you cannot leave the country while waiting for your permit unless you filed a form.

But since I didn't apply AOS for her, so i don't know if I need to file any form.

From all the info you guys gave, I will just make sure to talk to the CBP before she flies out & keep it update after she leaves the country. 

 

Thank you so much

[USC1961 251]

1 hour ago, fei23k said:

Hello all,

thank you so much for all the information, I see a lot of you has mentioned about overstaying.

Her last stay of the date would be July 3rd, as mentioned by zilchofox, and she is leaving April 17th, so this wouldn't be an issue.

and Ya, we understand that we will be filing all these paperwork for CR1 or even just the travel visa. 

I am just afraid that since we didn't file any AOS like everyone else did, she just get married here and leave, would that get her blacklisted from entering to the country again.

 

No blacklist.  It's not a requirement by law to AOS if the person isn't staying.  Don't overthink this.

 

Although in situations like this I always question the validity of the relationship.  When someone chooses family over their new spouse, you have to wonder.  So be prepared for extra questioning when filing for your CR-1.      

[kenneme 2]

Hi, 

 

We did the same thing in 2009 and never had any trouble. My husband applied for and got the fiance visa, husband came to the USA and we married but then a change in circumstances meant we did not apply for adjustment of status (and we both moved overseas together). He just left the US within the 90 day visa window and there was no problem. He then applied for (and got) tourist visas to enter the US while we were living over seas for the next couple of years - they crossed out his K1, but it was still in his passport. A SMALL WARNING: when he entered the US again (on valid tourist visa) he did sometimes have some trouble, and had to explain and be sure to show them the toursit visa first - otherwise they would flip right to the K1 and then be confused about why he didn't do AOS! He was never refused entry or anything, just more questioning than I think they would have done normally - and someone at the consulate told us that was why. Also, if you are in the US and she is living overseas they might be concerned that she is an 'immigration risk' and question her when she applies for a tourist visa or when entering the US, so she should be prepared to show her intent to leave again after visiting you. 

 

Hope that helps!

Megan 

Edited April 18, 2017 by kenneme

[Boiler 45,519]

No CBP on the way out and the I94 is no longer issued so nothing to surrender.