Travelling overseas/back home while on a K1 (merged)

[k_39 2]

Hi everyone! I have a very hypothetical question. I can't find much info about it online, but are you able to cancel or reverse a k1 visa application even though you've been accepted and living in the US at that point in time? Are you able to before marriage? After marriage? I'd like an answer for both cases. Would I be able to go home myself and would cancelling a k1 mean that my partner's chances of coming over to my home country are jepordised? I'd also like to hear a response for both of those situations. This is hypothetical, and lastly is it a complicated or long process? I'd love to know. Thanks!

Edited August 24, 2018 by Penguin_ie

[EandH0904 1,184]

If you're asking can your partner come live with you instead of both you living in the US? 

 

It's prob up to the immigration laws in the other country. 

 

I don't see why changing your mind about living in the US would change anything. Maybe if you're a  same sex couple in a country that doesn't recognize same sex marriage it would be difficult but I'm guessing your need to find out the immigration laws of the other country. 

[Loren Y 2,755]

All you have to do if you have already come thru POE and into the US on your K1 visa ( It was canceled as soon as you entered) is leave before your 90 days is up. Don't get married, and leave the US on your own free will, and it will cancel itself out. Won't effect too much whoever petitioned you to come here other than if they refile for another K1 within 2 years I think they need a waiver, or it may be if the petitioner has filed more than 2 times in 2 years, either way it won't effect you or the petitioners chances of getting a tourist visa. IF you do it after marriage it may complicate things down the line if either of you want to get remarried, so I would leave before marriage, then it is just like you were here on a very expensive tourist visa.

Edited June 13, 2018 by Loren Y

[Ontarkie 14,236]

~~moved to General Immigration, from K1 P&P - The OP's question is hypothetical about after entry on a K1~~

[k_39 2]

Is it possible to travel back home (in my case to Australia) after arriving in the US?

 

Am I able to travel back before marriage? So within the 3 months?

 

And after marriage, am I able to go back? In case of an emergency?

 

Does it jeopardize things?

 

Thanks!

 

[Lee577 0]

Hi

 

I joined up to ask a very confronting question.

 

If you were to break up with your fiancé either before you've arrived in the US or shortly after (before marriage), does this jeopardize your chances of visiting the US in the future?

 

I'd like an answer for divorce as well. Does divorce jeopardize your chances or going back to the US?

 

I live in Australia by the way.

 

Any information is appreciated. Thank you.

 

 

[FlashLG 152]

The K1 visa is a one time entry visa. Once you enter on that visa, you must marry within 90 days. If you were to leave the US before the marriage, then you would not be able to re-enter again on your K1 visa and would have to start the whole process over again.

 

Once you are married, you have to apply for Adjustment of Status (AOS), in order to become a Green Card Holder, and ideally this should be applied for before the 90 days are up. Wait times for Green Card through AOS vary, but on average are probably around 12-14 months (mine took 8 months).

 

When you apply for AOS, you can also apply for Advanced Parole (AP). AP allows you to leave the US and re-enter again whilst you are adjusting status. Unfortunately, AP is taking on average around 5-7 months from date of application to receiving the card. If you were to leave the US during the AOS period without AP, your AOS would be considered abandoned and you would not be allowed back into the US. The only way for you to get back in would be for your spouse to apply for a CR-1 spousal visa, which takes on average 12-14 months currently.

 

So in a nut shell:

- You can't leave before marriage

- You can leave after marriage, but only once you have successfully applied for AOS and AP, and have the AP card in hand (currently this takes 5-7 months)

 

In case of an emergency, you may be able to expedite the AP process at your local USCIS office. However, it has to be an extreme emergency, such as a life or death issue, and you must provide proof (e.g. if a relative is dying, you'll need to provide medical records and a letter from the doctor confirming the situation). Weddings, funerals etc do not count as emergencies.

Edited August 24, 2018 by FlashLG
clarity

[Lee577 0]

6 minutes ago, FlashLG said:

The K1 visa is a one time entry visa. Once you enter on that visa, you must marry within 90 days. If you were to leave the US before the marriage, then you would not be able to re-enter again on your K1 visa and would have to start the whole process over again.

 

Once you are married, you have to apply for Adjustment of Status (AOS), in order to become a Green Card Holder, and ideally this should be applied for before the 90 days are up. Wait times for Green Card through AOS vary, but on average are probably around 12-14 months (mine took 8 months).

 

When you apply for AOS, you can also apply for Advanced Parole (AP). AP allows you to leave the US and re-enter again whilst you are adjusting status. Unfortunately, AP is taking on average around 5-7 months from date of application to receiving the card. If you were to leave the US during the AOS period without AP, your AOS would be considered abandoned and you would not be allowed back into the US. The only way for you to get back in would be for your spouse to apply for a CR-1 spousal visa, which takes on average 12-14 months currently.

 

So in a nut shell:

- You can't leave before marriage

- You can leave after marriage, but only once you have successfully applied for AOS and AP, and have the AP card in hand (currently this takes 5-7 months)

Thank you so much. Does this also apply if you've broken up with the person? So if you go over (unmarried)? I keep hearing different things online and none of it is clear.

[Free Man 119]

The Fiancé visa is a little bit complicated, it's shows ’’Immigrant intent''. Now to address your questions:

1.      Any future non-immigrant visa application will raise lot of questions; however, you have to convince the IO that you have no intention of staying.

2.      As an Australian, I think you can visit the US for 90 days without VISA, again, at the point of entry, the officer will surely see you history and that will trigger lot of questions.

3.      Finally, if you come to the US with K1 visa, you can ONLY ,ONLY ONLY adjust your status  via the petitioner of the K1 visa.  In other words, you can only marry him/her and file for your Green card.

NO IDEA ABOUT DIVORCE.

 

[k_39 2]

5 minutes ago, LE_57 said:

Thank you so much. Does this also apply if you've broken up with the person? So if you go over (unmarried)? I keep hearing different things online and none of it is clear.

I'd like to know this too!

[FlashLG 152]

12 minutes ago, LE_57 said:

Thank you so much. Does this also apply if you've broken up with the person? So if you go over (unmarried)? I keep hearing different things online and none of it is clear.

I'm not quite sure what you mean?

 

If you are entering the US on a K1 visa, it should be with the intention of marrying your fiance. If you have 'broken up', then you shouldn't be using the K1 visa to enter the US. Doing so would be an abuse of the visa, and I imagine would be classed as visa fraud.

 

If you enter the US on a K1 with the intention of getting married, but then don't end up getting married (breaking up), then once 90 days is up you are out of status. You won't be able to adjust status, as your eligibility to adjust from a K1 visa is dependent on you being married. 

Without a marriage you don't satisfy the criteria. Once the 90 days is up you would also be deportable, and in theory could be deported at any time. Plus if you were to voluntarily leave the US, you wouldn't be allowed back in on the K1 and would need a different visa.

Edited August 24, 2018 by FlashLG
.

[Alabamak1 688]

8 minutes ago, Ras Ous said:

The Fiancé visa is a little bit complicated, it's shows ’’Immigrant intent''. Now to address your questions:

1.      Any future non-immigrant visa application will raise lot of questions; however, you have to convince the IO that you have no intention of staying.

2.      As an Australian, I think you can visit the US for 90 days without VISA, again, at the point of entry, the officer will surely see you history and that will trigger lot of questions.

3.      Finally, if you come to the US with K1 visa, you can ONLY ,ONLY ONLY adjust your status  via the petitioner of the K1 visa.  In other words, you can only marry him/her and file for your Green card.

NO IDEA ABOUT DIVORCE.

 

I second this. 

[Lee577 0]

7 minutes ago, FlashLG said:

I'm not quite sure what you mean?

 

If you are entering the US on a K1 visa, it should be with the intention of marrying your fiance. If you have 'broken up', then you shouldn't be using the K1 visa to enter the US. Doing so would be an abuse of the visa, and I imagine would be classed as visa fraud.

 

If you enter the US on a K1 with the intention of getting married, but then don't end up getting married (breaking up), then once 90 days is up you are out of status. You won't be able to adjust status, as your eligibility to adjust from a K1 visa is dependent on you being married. 

Without a marriage you don't satisfy the criteria. Once the 90 days is up you would also be deportable, and in theory could be deported at any time. Plus if you were to voluntarily leave the US, you wouldn't be allowed back in on the K1 and would need a different visa.

what if you have broken up before marriage? will you be denied entry into the USA again? (for a holiday, for eg)

[geowrian 22,337]

In either circumstance, it may raise scrutiny for a while. It is by no means is a nail in the coffin, but it would negatively impact your case....by using the K-1 visa, you are implying that you are ready to abandon your ties home and live in the US. To show that you have strong ties to return home after that would be a tough sell.

 

If you are Australian (not just live there), you likely can use the VWP (via an ESTA) to visit. Just do not overstay the 90 days as that would make you permanent ineligible for an ESTA. At that point you would need a tourist visa.

Any overstay will negatively impact your ability to obtain a tourist visa (but again is not a killer either...there are many people who have had success, but it's not easy either).

Edited August 24, 2018 by geowrian

[Lee577 0]

13 minutes ago, Ras Ous said:

The Fiancé visa is a little bit complicated, it's shows ’’Immigrant intent''. Now to address your questions:

1.      Any future non-immigrant visa application will raise lot of questions; however, you have to convince the IO that you have no intention of staying.

2.      As an Australian, I think you can visit the US for 90 days without VISA, again, at the point of entry, the officer will surely see you history and that will trigger lot of questions.

3.      Finally, if you come to the US with K1 visa, you can ONLY ,ONLY ONLY adjust your status  via the petitioner of the K1 visa.  In other words, you can only marry him/her and file for your Green card.

NO IDEA ABOUT DIVORCE.

 

Thanks, this is very helpful.

 

in the future will I have trouble entering the US if I withdraw my K1 visa?