K1 but not applying for AOS

[fei23k 1]

On 4/17/2017 at 7:05 PM, kenneme said:

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 

 

that's really detail. This helps a lot. I will keep that in mind when we come back for traveling.

 

thank you so much!!