Alternative to not filing AOS immediately after marriage

[KiloCharlie 1]

Are there options to return to home country after marriage on k1 visa? I would like to explore options to continue to work in my home country for another few months after marriage. Could we file for AOS later? What will be complication regarding EAD and AP? 

[Sparkle Sparkle 914]

4 minutes ago, KiloCharlie said:

Are there options to return to home country after marriage on k1 visa? I would like to explore options to continue to work in my home country for another few months after marriage. Could we file for AOS later? What will be complication regarding EAD and AP? 

In the real world, and not 90 day fiancé... Once you leave after marriage without AOS/AP your status is considered abandoned and the only option to come back is to file I-130.

Edited March 17, 2020 by Sparkle Sparkle

[Boiler 45,525]

You can file for a CR1, that way you will be work authorised on arrival.

[Crazy Cat 41,886]

26 minutes ago, KiloCharlie said:

Are there options to return to home country after marriage on k1 visa? I would like to explore options to continue to work in my home country for another few months after marriage. Could we file for AOS later? What will be complication regarding EAD and AP? 

You can leave the US at any time (if a flight is available), but you would have to re-enter via a CR-1/IR-1 visa......estimated time is 12-18 months (or longer).

[igoyougoduke 1,656]

29 minutes ago, KiloCharlie said:

Are there options to return to home country after marriage on k1 visa? I would like to explore options to continue to work in my home country for another few months after marriage. Could we file for AOS later? What will be complication regarding EAD and AP? 

File CR-1 from outside the US and restart the whole process is the only alternative 

[KiloCharlie 1]

If i apply and  get AP, could i go to my home country and work for six months? 

[Crazy Cat 41,886]

3 minutes ago, KiloCharlie said:

If i apply and  get AP, could i go to my home country and work for six months? 

Yes.

[geowrian 22,337]

3 minutes ago, KiloCharlie said:

If i apply and  get AP, could i go to my home country and work for six months? 

Yes* (with a caveat)

While there is no hard time limit for being abroad with valid AP, other than the 1 year expiration date, it is generally suggested not to be away too long. This is to avoid being viewed as abandoning your claim to permanent residence + having evidence of a bona fide marriage (unless your then-spouse will be traveling with you).

Note that AP can take 4-7 months to obtain, once filed. It may be more worthwhile to just look for a US-based job.

[KiloCharlie 1]

Thanks everyone for your suggestions. 

Edited March 17, 2020 by KiloCharlie

[DaveAndAnastasia 2,092]

54 minutes ago, KiloCharlie said:

If i apply and  get AP, could i go to my home country and work for six months? 

In addition to the caveats others mentioned, if your AOS interview was scheduled you'd need to come back to the US for it.

[JFH 12,190]

Would you be taking your new spouse with you overseas? It would seem strange behavior for a newly-wed to leave his spouse soon after the wedding to work overseas, whereas he could work here (if you apply for EAD and AP together when you get one approved, you get the other approved too). When asked why they chose the K-1 and not the CR-1 the most common answer given is a variation of “because we can’t bear to be apart after marriage/because we want to be together quicker” yet what you are proposing would achieve the opposite.

 

Note that taking up employment overseas is one of the factors used to determine whether you have abandoned residency here. 
 

 

[African Zealot 1,455]

I am either missing something or you’re not really understanding the issue. If you get here on K1 and marry, and file adjustment and leave, you’ve abandoned the process and the only option left would be CR1/IR1 which takes up rom18 months. Is that case what really was the point of coming on K1?

 

Alternatively If you get here on K1 and marry, and file adjustment and get AP before leaving, that would have been at least 4 maybe 5 months spent here. Would that job in your country be waiting four to five months for you? It only makes sense if it’s a business owned by you or a family member etc who would hold your position that long for you.

 

In essence there are very few circumstances under which what you’re proposing makes sense. You’re the only one who knows your circumstances so it’s your decision however be clearly aware of all the scenarios.

Edited March 17, 2020 by Ray.Bonaquist

[retheem 566]

7 hours ago, KiloCharlie said:

Are there options to return to home country after marriage on k1 visa? I would like to explore options to continue to work in my home country for another few months after marriage. Could we file for AOS later? What will be complication regarding EAD and AP? 

If you leave while on K1 visa, you will have to file the I-130 and go through the whole consular processing. Unfortunately, the math is that simple.

[Orangesapples 1,954]

10 hours ago, DaveAndAnastasia said:

In addition to the caveats others mentioned, if your AOS interview was scheduled you'd need to come back to the US for it.

Why would you do that? You'll get EAD at the same time you get your AP, so you can just try finding work in the US. Of course, the bigger problem is the glooming worldwide recession. 

[ThomasNC1988 762]

This is probably the worst way to go through this process I have ever heard of. So many variables in play so much money wasted. Check the timeline to see your local office processing times, could be that they are less than or close to AP processing times. The entering and going back to work method makes sense a lot of times for cr/ir-1, but the amount of variables involved with K-1 makes it beyond impractical.