K1 Approved, but now decided to live in Fiancé country.

[Ivanm07 0]

Hey Everyone,

 

After almost 15 Months our K1 was approved. Several things have changed since I first filed in ~Feb. 2020.

 

I got my Fiancé got pregnant while I was in Ukraine with her.

I got a remote job due to covid.

I started living in Ukraine as of January 2021.

I have a temporary residence permit for Ukraine.

Unrest in the US got a lot worse and cost of living has been shooting up.

 

My Fiancé was approved a month or so ago and we'll be in the US 3rd of August. We still fully intend to get married in the US during our time there. My question though is, since we now have a daughter, the unrest & tensions there, and I've lived in the country on a US Salary, I've been reconsidering living in the US.

 

What would the process be to change that so she doesn't get in trouble with USCIS. If we're only looking at coming to the US for a few times a year like for business trips, family reunions and holidays, would she need to refile for like a tourist visa?

 

What would be the best way to go about this?

 

Thanks everyone!

 

[Just Paul 4,595]

4 minutes ago, Ivanm07 said:

My Fiancé was approved a month or so ago and we'll be in the US 3rd of August. We still fully intend to get married in the US during our time there. My question though is, since we now have a daughter, the unrest & tensions there, and I've lived in the country on a US Salary, I've been reconsidering living in the US.

 

What would the process be to change that so she doesn't get in trouble with USCIS. If we're only looking at coming to the US for a few times a year like for business trips, family reunions and holidays, would she need to refile for like a tourist visa?

 

What would be the best way to go about this?

 

Thanks everyone!

Come to the US and get married as planned.   Unless you plan on staying there is no need to AOS unless you plan to stay past the 90 days.   When you return to the Ukraine she can apply for a tourist visa but there is no guarantee that would be issued.  She would need to show strong ties to the Ukraine and being married to a USC can be a negative factor, but your living there may offset that.

[HRQX 4,145]

5 minutes ago, Ivanm07 said:

What would the process be to change that so she doesn't get in trouble with USCIS.

Just simply marry within the 90 days of US entry and she should leave before the I-94 expires. K-1 is a dual intent visa. The strict requirement is the intent to marry within the 90 days, which you said you will do.

6 minutes ago, Ivanm07 said:

would she need to refile for like a tourist visa?

Yes, she would then apply for a tourist visa. The more strong ties abroad she has the better. See INA 214(b).

[Ivanm07 0]

Thanks everyone, I guess that's what I'll  do.

 

Would it be worth Hiring an Immigration attorney to get their advice on the situation and help form a plan moving forward?

 

I don't think she'll have strong enough ties to the country since the Flat we live in is in my name, and she's on maternity leave for another 2 or so years with an international corporation.

 

If it helps though, we traveled around Europe and and has a lot of visa stamps showing she never overstayed from France, Denmark, Norway, Israel, Poland, Hungary, Malta, and others.

 

Will that help at all?

 

Thanks everyone for your help! 

[SalishSea 17,820]

9 hours ago, Ivanm07 said:

Thanks everyone, I guess that's what I'll  do.

 

Would it be worth Hiring an Immigration attorney to get their advice on the situation and help form a plan moving forward?

 

I don't think she'll have strong enough ties to the country since the Flat we live in is in my name, and she's on maternity leave for another 2 or so years with an international corporation.

 

If it helps though, we traveled around Europe and and has a lot of visa stamps showing she never overstayed from France, Denmark, Norway, Israel, Poland, Hungary, Malta, and others.

 

Will that help at all?

 

Thanks everyone for your help! 

An attorney will not make a difference.

 

What type of 'plan moving forward' are you hoping for?  If you're not going to live in the US, she cannot adjust status.  She can apply for a B visa, like anyone else, and approval is subject to INA 214, like @HRQX mentioned.