Leaving US after K1

[AAcc 0]

Can anyone advice me on the following situation? My Fiance and I have been approved our K1 visa. Our plans have changed and we plan to get married and for him (petitioner) to move back to EU with straight away. Will this have any future impact if we decide to return to US at later date as married couple? Would it be similar to k1 visa process again?

[SalishSea 18,226]

37 minutes ago, AAcc said:

Can anyone advice me on the following situation? My Fiance and I have been approved our K1 visa. Our plans have changed and we plan to get married and for him (petitioner) to move back to EU with straight away. Will this have any future impact if we decide to return to US at later date as married couple? Would it be similar to k1 visa process again?

No impact, but your USC spouse will then need to petition you for a spousal visa.

 

Processing times fluctuate, especially now with the pandemic, so you will want to allow plenty of time to plan in the event that you do want to move back.  It could take 2-3 years, or more, and if the USC is living abroad, there are also domicile requirements to consider.  This is quite a ways down the line, but better to plan ahead than to be one of the folks who comes here, aghast that they won't be able to move their spouse and family over within months.

[AAcc 0]

2 hours ago, Jorgedig said:

No impact, but your USC spouse will then need to petition you for a spousal visa.

 

Processing times fluctuate, especially now with the pandemic, so you will want to allow plenty of time to plan in the event that you do want to move back.  It could take 2-3 years, or more, and if the USC is living abroad, there are also domicile requirements to consider.  This is quite a ways down the line, but better to plan ahead than to be one of the folks who comes here, aghast that they won't be able to move their spouse and family over within months.

Is it correct to say if we are married and want to return to USA before adjustment of status it involves applying for a spousal visa and having to wait for approval?  In terms of 'ease', would it be better to fulfill K1 i.e get married and do the adjustment of status etc rather than getting married and leaving and have to apply for another visa?

[SalishSea 18,226]

5 hours ago, AAcc said:

Is it correct to say if we are married and want to return to USA before adjustment of status it involves applying for a spousal visa and having to wait for approval?  In terms of 'ease', would it be better to fulfill K1 i.e get married and do the adjustment of status etc rather than getting married and leaving and have to apply for another visa?

Yes, if you leave before adjusting, you'll be starting over with a new visa.

 

You can certainly go through the process and adjust for the conditional green card, but that is not a fast process, so you'd likely be in the states waiting for over a year.

 

I believe once you have a green card, you can be out of the states for up to a year, but if your intention really is not to live here, it may not be the best plan.

[HRQX 4,145]

13 hours ago, AAcc said:

would it be better to fulfill K1 i.e get married and do the adjustment of status etc rather than getting married and leaving and have to apply for another visa?

It could take a long time for the Adjustment of Status process to complete.

17 hours ago, AAcc said:

to move back to EU with straight away.

Yes, you can marry and leave before the 90 days are up and not start the Adjustment of Status process at all:

 

Still apply for the SSN as soon as you can after entering with the K-1:

Edited September 26, 2021 by HRQX

[SteveInBostonI130 3,489]

15 hours ago, AAcc said:

 In terms of 'ease', would it be better to fulfill K1 i.e get married and do the adjustment of status etc rather than getting married and leaving and have to apply for another visa?

Only if you can wait in the US for a year or more to complete the AOS.  And after getting the GC, if you plan to reside in the US and just travel back to the EU for visits.  The visits can be long, but the main purpose of the green card is for you to reside in the US.

 

15 hours ago, AAcc said:

Is it correct to say if we are married and want to return to USA before adjustment of status it involves applying for a spousal visa and having to wait for approval?  

 

You can marry and leave the US within the 90 days allotted.  If you leave after 90 days, you will have an overstay on your record.  The spouse visa takes 1-2 years. After you marry and gather bona fide relationship evidence, have your USC spouse submit the I-130.  That can take about a year to be approved.  Then the petition goes to NVC for the next step.  At this time, if the two of you are not ready to move back to the US, you can let the petition sit at NVC.  You do have to send a letter/notification to the NVC every year to keep the petition active (NVC can cancel the petition if there is no activity for a year - just a formal note/request to keep it active will keep it "alive").

 

Then, about 6 months before you want to move to the US, complete the NVC step and wait for the interview letter.

[SteveInBostonI130 3,489]

P.S.

 

Do you already have the K1 visa?  Or is just the I-129F petition approved?  If the latter, you can save about $400-$500 by abandoning the petition now.  That is, if you really do want to live overseas.  That does mean you would need to get married in your country or elsewhere, unless you have a US tourist visa or have VWP privileges.  

[Redro 4,612]

22 hours ago, AAcc said:

Can anyone advice me on the following situation? My Fiance and I have been approved our K1 visa. Our plans have changed and we plan to get married and for him (petitioner) to move back to EU with straight away. Will this have any future impact if we decide to return to US at later date as married couple? Would it be similar to k1 visa process again?

 

18 hours ago, AAcc said:

Is it correct to say if we are married and want to return to USA before adjustment of status it involves applying for a spousal visa and having to wait for approval?  In terms of 'ease', would it be better to fulfill K1 i.e get married and do the adjustment of status etc rather than getting married and leaving and have to apply for another visa?

If you decide to move to the EU after AOS (which can take up to 1 year) you will create U.S tax obligations for yourself (you'll have to file U.S taxes every year) and you won't be able to stay out of the States for too long (maybe visit once a year) . Also, if you reside outside of the States for too long, it might be viewed as abandoning residency.  You'd have to reapply for a visa or show proof you didn't intend to abandon residency. 

It would probably be easier to abandon the K1 and get married in the EU or abandon the K1 and get married in the States on an ESTA and then move to Europe. 

[AAcc 0]

23 hours ago, SteveInBostonI130 said:

P.S.

 

Do you already have the K1 visa?  Or is just the I-129F petition approved?  If the latter, you can save about $400-$500 by abandoning the petition now.  That is, if you really do want to live overseas.  That does mean you would need to get married in your country or elsewhere, unless you have a US tourist visa or have VWP privileges.  

Yes we have been approved the k1 visa, just waiting for it to arrive in the mail. I do have tourist visa privileges. If we stayed in US after marriage it would be for 2-3 years, which would probably gives us more freedom between two countries?

[SteveInBostonI130 3,489]

12 minutes ago, AAcc said:

Yes we have been approved the k1 visa, just waiting for it to arrive in the mail. I do have tourist visa privileges. If we stayed in US after marriage it would be for 2-3 years, which would probably gives us more freedom between two countries?

 

That should give you enough time to complete the AOS and get your greencard.

 

You have a choice on how to proceed.  Stay and adjust, or leave and apply for a spouse visa later. 

 

My wife and I did the K1 - marriage - leave - CR1 route.  She came on a K1 but had to return due to family issues, so we didn't try to adjust status.  Instead we went for CR1 and she returned a year and a half later.   In your case, leaving and doing the spouse visa later may be better because you would not have to deal with re-entry permit and worry about maintaining residency in the US.  Also, you would not have to pay US taxes since you would not be a US resident.  And, if you apply for the spouse visa 2 years or more after marriage, you will not have to worry about removal of conditions (which you will need to do if you AOS and try to maintain US residency).  

 

Also, cost wise it is actually about the same going for AOS versus CR1/IR1.  $1225 for Adjustment Of Status;  $535 (I-130) + $120 (Affidavit of Support fee) + $320 (IV fee) $220 (USCIS Immigration Fee) + $varies (Medical).  $1225 vs $1200+$medical.  And no ROC fee if you get the spouse visa 2 years after marriage (IR1).

 

 

[AAcc 0]

7 hours ago, SteveInBostonI130 said:

 

That should give you enough time to complete the AOS and get your greencard.

 

You have a choice on how to proceed.  Stay and adjust, or leave and apply for a spouse visa later. 

 

My wife and I did the K1 - marriage - leave - CR1 route.  She came on a K1 but had to return due to family issues, so we didn't try to adjust status.  Instead we went for CR1 and she returned a year and a half later.   In your case, leaving and doing the spouse visa later may be better because you would not have to deal with re-entry permit and worry about maintaining residency in the US.  Also, you would not have to pay US taxes since you would not be a US resident.  And, if you apply for the spouse visa 2 years or more after marriage, you will not have to worry about removal of conditions (which you will need to do if you AOS and try to maintain US residency).  

 

Also, cost wise it is actually about the same going for AOS versus CR1/IR1.  $1225 for Adjustment Of Status;  $535 (I-130) + $120 (Affidavit of Support fee) + $320 (IV fee) $220 (USCIS Immigration Fee) + $varies (Medical).  $1225 vs $1200+$medical.  And no ROC fee if you get the spouse visa 2 years after marriage (IR1).

 

 

Yes we are at crossroads with trying to decide which path to go down. The main reason for staying and waiting would be for my Fiance to finish his degree in US and in the mean time AOS etc. Rather than moving to EU and finishing degree there. Is the CR1 route similar to the K1 process? We aren't keen on having to go through that again but atleast we would be together whilst waiting. I do have an overstay (1day) on my record (been approved for b1/b2 and k1 visa after overstay) and wouldn't not like that be a factor for CR1 denial, if denial is a possibility?

[SteveInBostonI130 3,489]

7 minutes ago, AAcc said:

Is the CR1 route similar to the K1 process?

 

I do have an overstay (1day) on my record (been approved for b1/b2 and k1 visa after overstay) and wouldn't not like that be a factor for CR1 denial, if denial is a possibility?

Yes, the CR1/IR1 is very similar. The main difference is when the petition is approved and sent to NVC, there are steps you have to take:. Pay fees, submit the addidavit of support, submit immigration visa application (DS-260 plus supporting documents).  This is done online.  And the I-130 can be submitted online as well.

 

Denial is not a possibility unless something happens between now and when the visa interview takes place that makes you ineligible (lying on the DS-260, committing crimes of moral turpitude, congress changes immigration laws, etc.). 1 day overstay is not much of an issue, as you found out with the subsequent tourist visa and fiance visa approvals.