Leaving the US after getting married on K-1

[ryan3434 15]

Hello, I am a US citizen, and my Chinese fiance will come to the US this summer on a K-1 visa to get married. However, it seems likely now that I will be working back in China again next year, perhaps indefinitely. We are hoping that she will be able to come back to the US with me occasionally to visit family and friends. What is the best course of action at this point? I assume that she should NOT apply for a Green Card if she doesn't intend to be living in the US. But what else could we apply for that would allow her to visit the US occasionally? Is the B-2 tourist visa the best option? Is there a better option available, considering that she will be married to a US citizen? Thanks for any help. 

Edited February 2, 2022 by ryan3434
clarify

[milimelo 4,481]

Given that you’re not planning to remain in the US I don’t see a reason to do AOS. I’d still get (restricted) SSN so you can file taxes jointly. 
B2 visa seems common sense as you’re not planning to do more than visit in the future. When you’re ready to move back to the US - spousal visa. 

[Dashinka 24,508]

In this scenario, the B2 is the only option until you as the USC is moved back to the US, then you would petition for the spousal visa.

[Mike E 11,739]

I concur going through with the K-2 to get the SSN.  
 

Doubt she will be issued a B-1 as she will be married to a USA citizen 

[ryan3434 15]

6 minutes ago, Mike E said:

I concur going through with the K-2 to get the SSN.  
 

Doubt she will be issued a B-1 as she will be married to a USA citizen 

Why do you doubt that? What about B2?

[Redro 4,611]

7 minutes ago, ryan3434 said:

Why do you doubt that? What about B2?

 

One would hope your wife could convince them she doesn't want to live in the US and indicate that with proof she gave up her chance to adjust via the K1. 

But, they might also believe she abandoned the K1 for reasons in her control and is looking to circumvent the CR1/IR1 wait and process and adjust on the B1/B2. 

The majority of partners dating or married to US citizens aren't able to acquire tourist visas but hopefully your future wife will be successful. If not she won't be able to visit the States until she immigrates. 

[Mike E 11,739]

8 minutes ago, ryan3434 said:

Why do you doubt that? What about B2?

Citizens of non visa waiver countries, especially underdeveloped (and before folks chime in to nay nay I suggest they look at rankings in the human development index - https://en.m.wikipedia.org/wiki/List_of_countries_by_Human_Development_Index ) countries who are married to USA citizens usually have difficulties getting a B-2 visa.  

[ryan3434 15]

7 minutes ago, Kor2USA said:

 

One would hope your wife could convince them she doesn't want to live in the US and indicate that with proof she gave up her chance to adjust via the K1. 

But, they might also believe she abandoned the K1 for reasons in her control and is looking to circumvent the CR1/IR1 wait and process and adjust on the B1/B2. 

The majority of partners dating or married to US citizens aren't able to acquire tourist visas but hopefully your future wife will be successful. If not she won't be able to visit the States until she immigrates. 

Oh, I didn't know you can adjust on a B1/B2? How does that work?

[Redro 4,611]

4 minutes ago, ryan3434 said:

Oh, I didn't know you can adjust on a B1/B2? How does that work?

Two Words: Immigration Fraud. 

Long answer: You can't enter the US with the intention of adjusting to an immigrant visa. 

Edited February 2, 2022 by Kor2USA

[Ontarkie 14,226]

You said seems likely you. To me those words does not mean you 100% will be.  Wait to make that choice after she arrives  and you get a better answer. 

[mari04 100]

If you will leave in a year after her entry with K1, I would get married immediately, file for AoS and get gc. 

[Chancy 6,241]

*** Moved from K1 Process & Procedures to What Visa Do I Need ***

 

[SteveInBostonI130 3,454]

14 hours ago, ryan3434 said:

Hello, I am a US citizen, and my Chinese fiance will come to the US this summer on a K-1 visa to get married. However, it seems likely now that I will be working back in China again next year, perhaps indefinitely. We are hoping that she will be able to come back to the US with me occasionally to visit family and friends. What is the best course of action at this point? I assume that she should NOT apply for a Green Card if she doesn't intend to be living in the US. But what else could we apply for that would allow her to visit the US occasionally? Is the B-2 tourist visa the best option? Is there a better option available, considering that she will be married to a US citizen? Thanks for any help. 

 

Timing might be an issue.  On a K1, the fiance only has 90 days of status on the I-94.  If you are going to transfer to China in that timeframe, then it's pretty straightforward: after she enters, marry, enjoy the up to 90 days together - travel (within the US only) or just cuddle on the couch watching 2 1/2 Men and Monk reruns.  Then move to China for your job.

 

If the position is not available within those 90 days, then you have a dilemma. You can marry and not apply for adjustment of status, but then your wife should travel back to China by herself before the 90 days expire.  That way, when you join her in China you would have a better chance for a B2 visa for her - she abided by the terms of the K1 (entered the US and married within 90 days) and she did not overstay.  If you establish a life and strong ties to China, the B2 might be possible.

 

Or you can marry and adjust status.  That will give your wife a period of authorized stay while waiting for the AOS to be processed.  If you start your job before the AOS is approved or before advanced parole, you can simply leave and abandon the AOS.  With this scenario you can also subsequently apply for the B2.

 

If you marry, adjust status, and she gets her EAD/AP or her green card before your job starts, you have some options on how to proceed.  The GC will be good for 2 years and can be used to travel back and forth from China, but CBP may question you if you stay outside the US more than 6 months.  At some point you will relinquish the GC and then later apply for a B2.

 

Regardless of what path you proceed above, at around the time you are thinking or relocating permanently back to the US, apply for the spouse visa online.  Try to plan ahead and apply for it about 2 years before the planned move.

 

 

[ryan3434 15]

1 hour ago, SteveInBostonI130 said:

 

Timing might be an issue.  On a K1, the fiance only has 90 days of status on the I-94.  If you are going to transfer to China in that timeframe, then it's pretty straightforward: after she enters, marry, enjoy the up to 90 days together - travel (within the US only) or just cuddle on the couch watching 2 1/2 Men and Monk reruns.  Then move to China for your job.

 

If the position is not available within those 90 days, then you have a dilemma. You can marry and not apply for adjustment of status, but then your wife should travel back to China by herself before the 90 days expire.  That way, when you join her in China you would have a better chance for a B2 visa for her - she abided by the terms of the K1 (entered the US and married within 90 days) and she did not overstay.  If you establish a life and strong ties to China, the B2 might be possible.

 

Or you can marry and adjust status.  That will give your wife a period of authorized stay while waiting for the AOS to be processed.  If you start your job before the AOS is approved or before advanced parole, you can simply leave and abandon the AOS.  With this scenario you can also subsequently apply for the B2.

 

If you marry, adjust status, and she gets her EAD/AP or her green card before your job starts, you have some options on how to proceed.  The GC will be good for 2 years and can be used to travel back and forth from China, but CBP may question you if you stay outside the US more than 6 months.  At some point you will relinquish the GC and then later apply for a B2.

 

Regardless of what path you proceed above, at around the time you are thinking or relocating permanently back to the US, apply for the spouse visa online.  Try to plan ahead and apply for it about 2 years before the planned move.

 

 

Thanks for your great reply. So, there's nothing disingenuous or fraudulent about using the K-1 just to get married with no intention of adjusting, right?

[SalishSea 17,835]

2 hours ago, ryan3434 said:

Thanks for your great reply. So, there's nothing disingenuous or fraudulent about using the K-1 just to get married with no intention of adjusting, right?

Right.