Leaving without AP

[Erin86 39]

Just now, Boiler said:

Work is probably the most obvious one, Parents is quite common on here and then of course Investment, I could go on.

Obviously there are other ways to receive it... but there's a reason I posted here specifically. 

I will make it clearer for all of you since you insist on arguing: A person who came here on a k1 visa to get married will be eligible for their green card because they got married. Without the marriage they are eligible for nothing but 90 days in the US. 

 

5 minutes ago, geowrian said:

I was born a USC, so on no basis would I have ever been eligible for a green card.

The USC spouse has the option to petition for a spouse. If approved, then then non-USC spouse has the ability to apply for a visa (or AOS, if in the US).

The marriage itself does nothing. It's the steps people take after marriage that allow something to happen.

Wow. So change "you" to "your spouse".

Exactly. After the marriage, meaning without the marriage there are no steps to take!

[payxibka 10,045]

20 minutes ago, Erin86 said:

That's incorrect. Being married gives you the right to apply for citizenship. That wouldn't have been something you would be eligible for without the marriage.

Wrong,  marriage doesn't give someone the right to apply for citizenship.   Being a permanent resident for the prescribed time does.  

[Erin86 39]

2 minutes ago, payxibka said:

Wrong,  marriage doesn't give someone the right to apply for citizenship.   Being a permanent resident for the prescribed time does.  

Are you serious??? How was the LPR status obtained after coming on a k1 if not marriage???

 

You guys are exhausting. Forget I asked anything. 

[payxibka 10,045]

Just now, Erin86 said:

Are you serious??? How was the LPR status obtained after coming on a k1 if not marriage???

 

You guys are exhausting. Forget I asked anything. 

Again,  several ways to get LPR status without marriage to a USC.  You just don't want to acknowledge it.

 

You understood the shortcomings and risks associated with the visa you chose.   Deal with it

[Nat&Amy 623]

I think the reason you got some replies pointing out that marriage itself confers no benefits is because, believe it or not, up to this day some people think they are automatically granted immigration benefits due to being the spouse of a USC (emphasis on "automatically").

 

In order to avoid misunderstandings, they were pointing out that marriage to a USC qualifies you for the process, but does not eliminate the need for it.

Edited January 8, 2020 by Nat&Amy

[Erin86 39]

2 minutes ago, payxibka said:

Again,  several ways to get LPR status without marriage to a USC.  You just don't want to acknowledge it.

 

You understood the shortcomings and risks associated with the visa you chose.   Deal with it

I came here on a k1 visa to get married, not to get any status. I acknowledge other ways to get it, never said I didn't. 

Maybe if you actually read what I'm saying instead of trying to be right you'd understand. 

I said I am married to a USC so that means my life is with my spouse and I wouldn't abandon my application.

[payxibka 10,045]

1 minute ago, Erin86 said:

 

Maybe if you actually read what I'm saying instead of trying to be right you'd understand. 

 

I did read what you wrote,  maybe you need to reread what you wrote 

[Erin86 39]

3 minutes ago, Nat&Amy said:

I think the reason you got some replies pointing out that marriage itself confers no benefits is because, believe it or not, up to this day some people think they are automatically granted immigration benefits due to being the spouse of a USC (emphasis on "automatically").

 

In order to avoid misunderstandings, they were pointing out that marriage to a USC qualifies you for the process, but does not eliminate the need for it.

The reason I got these replies is that people here love to show how much they think they know and that they know better than others.

Please see my original post. I did not ask anything about that. I asked if anyone tried and what was the outcome, no more. 

[geowrian 22,337]

Marriage to a USC provides a pathway to permanent residency, which allows for citizenship later. There are other pathways possible for other circumstances.

A pathway is not an immigration benefit itself.

 

As noted, many USCs decide to live abroad with their spouse. Sometimes people decide to that in the US. Sometimes they decide to live elsewhere.

Being married to a USC does not automatically mean you don't intend to abandon your application. As the law is written, that plays no role.

 

I still wonder on what basis somebody planned to return to the US if they left w/o AP. At the time of departure, they would have no (legal) means to return.

[Nat&Amy 623]

1 minute ago, Erin86 said:

The reason I got these replies is that people here love to show how much they think they know and that they know better than others.

Please see my original post. I did not ask anything about that. I asked if anyone tried and what was the outcome, no more. 

I understand, and I did read your original post. Replies normally deviate from the central question, and I believe this thread will be locked soon.

 

It would be wise to prepare docs for an emergency AP if waiting for AP or GC is not viable. I too came to the US on a K1 visa and only realized that I would have been better off with a spousal visa when it was too late... AoS is, as you pointed out, a very inconvenient part of the whole thing, and sadly the restrictions exist because after the i94 expires, we are here without status. Who knows, maybe in the future the process will be revisited, maybe the K1 will be "retired". For now, all we can do is play by the rules 🤷

[Erin86 39]

3 minutes ago, geowrian said:

Marriage to a USC provides a pathway to permanent residency, which allows for citizenship later. There are other pathways possible for other circumstances.

A pathway is not an immigration benefit itself.

 

As noted, many USCs decide to live abroad with their spouse. Sometimes people decide to that in the US. Sometimes they decide to live elsewhere.

Being married to a USC does not automatically mean you don't intend to abandon your application. As the law is written, that plays no role.

 

I still wonder on what basis somebody planned to return to the US if they left w/o AP. At the time of departure, they would have no (legal) means to return.

Did I not post this under AOS for k1 (and k3) forum? Again, coming as a k1, someone's path is through marriage. If that doesn't work out and they are doing it for the green card, they will find other ways and they probably didn't want to get married in the first place.

If I hadn't married my spouse I would have gone back to my home country. I plan to stay here and so I applied for AOS. Without the marriage I would have no status and would have to find other ways suchas study or work or whatever....

Many many many people around the world try to find ways to come here and work/study/live. Most are not eligible and there are only certain categories that make someone eligible. That category through the k1 visa is marriage.

[Erin86 39]

6 minutes ago, Nat&Amy said:

I understand, and I did read your original post. Replies normally deviate from the central question, and I believe this thread will be locked soon.

 

It would be wise to prepare docs for an emergency AP if waiting for AP or GC is not viable. I too came to the US on a K1 visa and only realized that I would have been better off with a spousal visa when it was too late... AoS is, as you pointed out, a very inconvenient part of the whole thing, and sadly the restrictions exist because after the i94 expires, we are here without status. Who knows, maybe in the future the process will be revisited, maybe the K1 will be "retired". For now, all we can do is play by the rules 🤷

I was aware of other options but we did not get married for this purpose. This is a byproduct of us wanting to be together. K1 is what worked for us in our circumstances.

And I am playing by the rules, I am by myself without anyone here, waiting for USCIS to grant me permission to leave so I coule re-enter. All I did was ask about others' experience.

[SalishSea 17,836]

47 minutes ago, Erin86 said:

How was the LPR status obtained after coming on a k1 if not marriage???

 

There are many routes to LPR status, as you've heard here.  

 

The point is a marriage between a USC and an alien spouse does not confer ANY privileges in and of itself.  That is why even spouses of USCs need visas to move here.  If the marriage alone conferred a benefit, you wouldn't be in the situation of potentially not being readmitted for leaving without advanced parole.

[Sweetdreaming 397]

I think we're flogging a dead horse here, I can see both points. Yes legally marriage has no direct immigration benefit, however at the same time it's the major and only avenue for a person to proceed with immigration via k1 and the marriage is the entire and sole reason they even have a claim to immigrate. 

Edited January 8, 2020 by skjourney

[Erin86 39]

17 minutes ago, skjourney said:

I think we're flogging a dead horse here, I can see both points. Yes legally marriage has no direct immigration benefit, however at the same time it's the major and only avenue for a person to proceed with immigration via k1 and the marriage is the entire and sole reason they even have a claim to immigrate. 

Thank you