Get to the US, get married, but we are considering returning to wife's country

[clintwestwood 10]

My fiancé has arrived and we are planning on marrying next week. However, we are considering returning to her home country. What are the long-term consequences of doing this? Will she gain any benefit from having married in the US? I.e. will it grant her any sort of ability to obtain US residency in the future? Can we pick back up where we left off?  Or are we completely screwed out of ever visiting the US again, in lieu of doing a CR visa from scratch somewhere down the road?

Edited April 1, 2022 by clintwestwood

[Dashinka 24,512]

She will get no immigration benefit from simply marrying a USC.  If you move back to her home country, that is fine, and if you decide at a later time to move back to the US, you can petition for her with the I130 about 18 months or so before you plan to repatriate.  If you wish to visit the US but not permanently relocate, then she will need a valid visitor visa.

 

Good Luck!

[canadian_wife 1,822]

Congratulations!  Having your fiance finally arrive must be a fantastic feeling!

 

You, as a US citizen, may leave and return at your leisure.

 

Your fiance, may leave at any time.  Her issues centre around coming back.  She is only permitted to return as a green card holder or having a valid advanced parole document (depending on what your ultimate goal is).  

 

Being married to a US citizen, in itself, does not grant her any benefits.  It simply allows her to start a process towards residency.  

There is no picking up where you left off.  The k-1 is a single entry visa. 

 

Are you looking to move to your fiance's country?  Just visit? 

 

Good luck  

 

 

[Lil bear 4,218]

6 minutes ago, clintwestwood said:

My fiancé has arrived and we are planning on marrying next week. However, we are considering returning to her home country. What are the long-term consequences of doing this? Will she gain any benefit from having married in the US? I.e. will it grant her any sort of ability to obtain US residency in the future? Can we pick back up where we left off?  Or are we completely screwed out of ever visiting the US again, in lieu of doing a CR visa from scratch somewhere down the road?

The process of K 1, enter and marry, adjust status is no longer open if she leaves before applying and getting the advance parole card. If you are planning on living overseas then do it.  She will need a visitor visa to visit … she will need evidence of strong ties to where you are living . You can start the spouse visa process at any time into the future.  Marrying in the US gives no advantage but no hinderance  

[Mike E 11,739]

28 minutes ago, clintwestwood said:

My fiancé has arrived and we are planning on marrying next week. However, we are considering returning to her home country. What are the long-term consequences of doing this?

 

Hard to say.  
 

Quote

Will she gain any benefit from having married in the US?

Given your new strategy in urgently to alter your tactics.  I.e.,   focus on getting her an SSN now, while she isn’t married and she still has 30 or more days left in her I-94.  Delay the wedding at least until she has applied for her SSN.  

 

Once she has an SSN your ability to file USA taxes whole married to a non citizen and while  living abroad is simple.  So many USA citizens in your situation get stymied by the requirement the foreign spouse have an ITIN or SSN.  

 

She should depart the USA before her I-94 expires to avoid accruing unlawful presence / visa over stay.  See 

Quote

 

I.e. will it grant her any sort of ability to obtain US residency in the future?

If you  decide to immigrate under CR-1/  IR-1 later, it is vastly  easier to get married in the USA versus her marrying a foreigner in Thailand. Then again Utah web wedding sidesteps the entire problem. 
 

The sooner you get married the more likely you two will be married 2 or more years when she enters the USA on an immigration visa. She will then avoided the hated I-751, which after recent changes to USCIS policy is arguably going to take 3 years to adjudicate in the future.  

So after she gets her SSN, get married in the USA if there are enough days left on her I-94. Otherwise  just do Utah web wedding back in Thailand.  
 

Quote

 

Can we pick back up where we left off?

You can file I-130 after you marry.  

Quote

 

Or are we completely screwed out of ever visiting the US again, in lieu of doing a CR visa from scratch somewhere down the road?

As she is a spouse of a USA citizen, especially as she is a citizen of country that is neither visa waived nor visa  exempt she has a low chance (like under 10 percent) of getting a B-2 visitor visa.  Especially given her track record of expressing immigration intent.  

[Mike E 11,739]

19 minutes ago, canadian_wife said:

 Your fiance, may leave at any time.   

Since she isn’t going to file I-485 she must leave within 90 days of her entry into the USA.  

[canadian_wife 1,822]

4 minutes ago, Mike E said:

Since she isn’t going to file I-485 she must leave within 90 days of her entry into the USA.  

 

Thanks

[JeanneAdil 6,510]

Even if u wait thru the process for the AP and green card,  she can only spend 180 (I believe) days outside the US

so,  decide where u want to live

easier to marry and have proof of a US marriage license (don't even have to have it translated into English) than to prove a foreign marriage 

 

don't forget to file US tax returns outside the country

keep a US residency (US income,  US bank account and/ or state driving license)

[Dashinka 24,512]

3 minutes ago, JeanneAdil said:

Even if u wait thru the process for the AP and green card,  she can only spend 180 (I believe) days outside the US

so,  decide where u want to live

easier to marry and have proof of a US marriage license (don't even have to have it translated into English) than to prove a foreign marriage 

 

don't forget to file US tax returns outside the country

keep a US residency (US income,  US bank account and/ or state driving license)

180 days without a re-entry permit, but up to 2 years with a re-entry permit.

[Family 3,988]

1 hour ago, clintwestwood said:

Will she gain any benefit from having married in the US? I.e. will it grant her any sort of ability to obtain US residency in the future? Can we pick back up where we left off?  Or are we completely screwed out of ever visiting the US again, in lieu of doing a CR visa from scratch somewhere down the road?

As pointed out by others there are benefits to getting married in the US, even if you change strategies on where to live with her. My recommendation:

1. Get married as planned 

2. Send Letter to USCIS ( address on I-129 F approval, email to ask NVC , email to Consulate ( one of them will reach her file.) saying something like

“ Request for Record Update : Beneficiary /Petitioner married within 90 of arrival as required( informational copy of marriage attached as certified copy is delayed)

For personal and family reasons we will apply for I-130 Consular instead of Adjusting Status in the US and Xx and Xx will await consular process in Country. “

3. Once she has married within 90 days,  them on Notice , just make sure she leaves BEFORE 180 days from her entry…as she will NOT accrue unlawful presence .

4. AFTER you file I-130 and select Consular Process , then she should have no problems trying for B2 visitor ( while the I-130 is pending)

 

 

[SteveInBostonI130 3,459]

4 hours ago, Family said:

As pointed out by others there are benefits to getting married in the US, even if you change strategies on where to live with her. My recommendation:

1. Get married as planned 

2. Send Letter to USCIS ( address on I-129 F approval, email to ask NVC , email to Consulate ( one of them will reach her file.) saying something like

“ Request for Record Update : Beneficiary /Petitioner married within 90 of arrival as required( informational copy of marriage attached as certified copy is delayed)

For personal and family reasons we will apply for I-130 Consular instead of Adjusting Status in the US and Xx and Xx will await consular process in Country. “

3. Once she has married within 90 days,  them on Notice , just make sure she leaves BEFORE 180 days from her entry…as she will NOT accrue unlawful presence .

4. AFTER you file I-130 and select Consular Process , then she should have no problems trying for B2 visitor ( while the I-130 is pending)

 

 

 

Some bad advise is given here:

 

2) Not required.  At all.  When the K1 beneficiary leaves the US, their I-94 record will be updated.  This is what matters, to allow for a chance of getting a visitor's visa.

 

3) Leave before the I-94 expires.  The OP DOES accrue unlawful presence starting day 91, unless the OP has filed for AOS.  By leaving within the 90 days, the OP has the option to apply for a visitor's visa in the future.

 

4) If the OP does not overstay, they can apply for a B2 visa at any time without the need to file a I-130 first.  Approval chance will depend on strong ties to their home country, as is always the case.

 

 

[Family 3,988]

40 minutes ago, SteveInBostonI130 said:

Leave before the I-94 expires.  The OP DOES accrue unlawful presence starting day 91, unless the OP has filed for AOS.  By leaving within the 90 days, the OP has the option to apply for a visitor's visa in the future.

Thank you for highlighting the options in case OP chooses not to marry as stated. Of course you are correct in ULP accrual from day 91 ..leaving before 180 days she would not be subject to the 3 year bar…

My responses was a bit narrow , thanks for input . 
 

Unlawful Presence and Bars to Admissibility

Unlawful presence is the period of time when you are in the United States without being admitted or paroled or when you are not in a “period of stay authorized by the Secretary.” You may be barred from being admitted to the United States for:

• Three years, if you depart the United States after having accrued more than 180 days but less than one year of unlawful presence during a single stay and before removal proceedings begin;

[Crazy Cat 41,886]

5 hours ago, Family said:

As pointed out by others there are benefits to getting married in the US, even if you change strategies on where to live with her. My recommendation:

1. Get married as planned 

2. Send Letter to USCIS ( address on I-129 F approval, email to ask NVC , email to Consulate ( one of them will reach her file.) saying something like

“ Request for Record Update : Beneficiary /Petitioner married within 90 of arrival as required( informational copy of marriage attached as certified copy is delayed)

For personal and family reasons we will apply for I-130 Consular instead of Adjusting Status in the US and Xx and Xx will await consular process in Country. “

3. Once she has married within 90 days,  them on Notice , just make sure she leaves BEFORE 180 days from her entry…as she will NOT accrue unlawful presence .

4. AFTER you file I-130 and select Consular Process , then she should have no problems trying for B2 visitor ( while the I-130 is pending)

 

 

Some of this is just not true.  @SteveInBostonI130 is correct.

2.  There is no reason to do this.  The fact that the couple married will be established/required if/when a new immigrant files an I-485 package.  I see no reason to inform USCIS, NVC, or the consulate.

3.  Once the I-94 has expired, unlawful presence begins...on day 91.

3.  A pending or approved I-130 has no proven benefit in obtaining a B2.  It could be harmful.

 

@clintwestwood, marriage to a US citizen confers NO immigration or visitation benefits. The only "benefit" was during the Covid travel bans.  Spouses were exempt from the entry restrictions.  Good luck on your future marriage and travels.

Edited April 1, 2022 by Crazy Cat

[Ontarkie 14,226]

~~MOved to WOrking and Traveling, from K1 P&P - as this is no longer a K1 Visa process~~