k1 visa - need to leave ASAP after the wedding

[type2error 7]

After 11 months, my K1 visa finally got approved! We are now planning a small wedding ceremony in May and I plan to apply for AOS after. However,  there are some complications as I am still doing my PhD in the UK and my uni can only approve 3 months of "leave to work away". After that, the University urges me to come back as soon as I can. My understanding is that the green card application process will def take longer than 3 months but I can apply for AP in order to leave early. My (naive) questions are: 

 

1. How long does it usually take to get the AP approved with the AOS application? I've seen quite different estimates from different websites. 

2. What are different ways to expedite the AP? I am not sure if they will expedite it for me based on the fact that I have school to finish. 

 

I can either 1) leave after we got married and do not apply for AOS or 2) apply for AOS but get the AP expedited. I would ideally prefer not to go through the marriage visa process again (option 1), as it is a long and expensive journey. But if it takes a year for an AP to get approved, I will have no choice but to leave the country without applying for AOS. I am just starting to look into this and would appreciate any advice!

[milimelo 4,477]

8 months for AP and EAD. Schooling wouldn’t be a reason to expedite. You picked the wrong visa. Get married and do immigrant visa process. 

[Redro 4,611]

30 minutes ago, type2error said:

After 11 months, my K1 visa finally got approved! We are now planning a small wedding ceremony in May and I plan to apply for AOS after. However,  there are some complications as I am still doing my PhD in the UK and my uni can only approve 3 months of "leave to work away". After that, the University urges me to come back as soon as I can. My understanding is that the green card application process will def take longer than 3 months but I can apply for AP in order to leave early. My (naive) questions are: 

 

1. How long does it usually take to get the AP approved with the AOS application? I've seen quite different estimates from different websites. 

2. What are different ways to expedite the AP? I am not sure if they will expedite it for me based on the fact that I have school to finish. 

 

I can either 1) leave after we got married and do not apply for AOS or 2) apply for AOS but get the AP expedited. I would ideally prefer not to go through the marriage visa process again (option 1), as it is a long and expensive journey. But if it takes a year for an AP to get approved, I will have no choice but to leave the country without applying for AOS. I am just starting to look into this and would appreciate any advice!

Congrats on the approval!

As you are still doing your PhD (how much longer?) it would be better to get married in the US and leave before your 90 Day stay expires. 

Maybe figure out a SSN, joint bank account and other evidence before you leave. 

You might have had the same issue with the CR1 visa though as you're supposed to apply for a re-entry permit if you want to stay outside the US for more than a year. 

I've seen some I-130 consular cases receive approval fairly quickly at the USCIS stage after they've had a successful K1 petition so your second time round might not be as long. You might realize you need to slow down your case at NVC. 

 

 

 

Edited May 4, 2022 by ROK2USA

[type2error 7]

28 minutes ago, milimelo said:

8 months for AP and EAD. Schooling wouldn’t be a reason to expedite. You picked the wrong visa. Get married and do immigrant visa process. 

Thank you! I absolutely didn't think it through when applying for K1 - I thought I couldn't apply for a tourist visa if marriage is my intent for travel. Would you recommend me not file for AOS after marriage and instead apply for a spouse visa later then? Thanks for your help!

[Dashinka 24,493]

As @ROK2USA mentioned, you might have a third option depending on how much school time you have left and if less than six months, try to accelerate it so you can use your K1 visa before it expires.  If this is not the case, Option 1 is probably your best bet and it may be closer to the same cost as the AOS.

 

Good Luck!

[Rocio0010 5,579]

Just now, type2error said:

Thank you! I absolutely didn't think it through when applying for K1 - I thought I couldn't apply for a tourist visa if marriage is my intent for travel. Would you recommend me not file for AOS after marriage and instead apply for a spouse visa later then? Thanks for your help!

Absolutely! If you need to travel, a K1 is not the right choice. Get married, leave, file for a spousal visa. 

You can absolutely marry on a B1/B2, and then leave. What is considered fraud is to come on a B1/B2, marry and have the preconceived intent to stay and adjust status. What I mean is, some people come here to visit their SO and they change their minds while being here ad get married and adjust status. That is fine. What is not fine is to come with a preconceived intent of staying.

[type2error 7]

4 minutes ago, ROK2USA said:

Congrats on the approval!

As you are still doing your PhD (how much longer?) it would be better to get married in the US and leave before your 90 Day stay expires. 

Maybe figure out a SSN, joint bank account and other evidence before you leave. 

You might have had the same issue with the CR1 visa though as you're supposed to apply for a re-entry permit if you want to stay outside the US for more than a year. 

I've seen some I-130 consular cases receive approval fairly quickly at the USCIS stage after they've had a successful K1 petition so your second time round might not be as long. You might realize you need to slow down your case at NVC. 

 

 

 

Thanks very much! I am currently a second year PhD student and have 1.5 more years to go. I have previously lived in the US for 6 years on various visas (F1, OPT, H1B), so I have SSN and all other things sorted. I plan to find a job in the US after my PhD (in 2 years), so I would have to go through the green card application at some point. My question really is whether it is feasible to get AP approved in 3-4 months - if so, my uni is ok with me staying in the US for this amount of time. And yes, a great reminder that I need to slow down my case at NVC.

[Dashinka 24,493]

Just now, type2error said:

Thanks very much! I am currently a second year PhD student and have 1.5 more years to go. I have previously lived in the US for 6 years on various visas (F1, OPT, H1B), so I have SSN and all other things sorted. I plan to find a job in the US after my PhD (in 2 years), so I would have to go through the green card application at some point. My question really is whether it is feasible to get AP approved in 3-4 months - if so, my uni is ok with me staying in the US for this amount of time. And yes, a great reminder that I need to slow down my case at NVC.

This being the case, your Option 1 of a spousal visa is the right path right now.  Overall, the cost will be similar to the AOS.  You can still use your K1 to come to the US and get married, but don't waste the $1225 for the AOS, but instead file the I130 ($535) and start the spousal visa process.

 

Good Luck!

[type2error 7]

6 minutes ago, Dashinka said:

As @ROK2USA mentioned, you might have a third option depending on how much school time you have left and if less than six months, try to accelerate it so you can use your K1 visa before it expires.  If this is not the case, Option 1 is probably your best bet and it may be closer to the same cost as the AOS.

 

Good Luck!

Thank you, Dashinka!! This is very helpful. I feel silly that I applied for K1 without realizing that I would have to stay in the US for at least 8 months. I will probably go with option 1 as you suggested.

[type2error 7]

9 minutes ago, Rocio0010 said:

Absolutely! If you need to travel, a K1 is not the right choice. Get married, leave, file for a spousal visa. 

You can absolutely marry on a B1/B2, and then leave. What is considered fraud is to come on a B1/B2, marry and have the preconceived intent to stay and adjust status. What I mean is, some people come here to visit their SO and they change their minds while being here ad get married and adjust status. That is fine. What is not fine is to come with a preconceived intent of staying.

I wish I had discovered this forum before I blindly went down the path of K1!!

[type2error 7]

5 minutes ago, Dashinka said:

This being the case, your Option 1 of a spousal visa is the right path right now.  Overall, the cost will be similar to the AOS.  You can still use your K1 to come to the US and get married, but don't waste the $1225 for the AOS, but instead file the I130 ($535) and start the spousal visa process.

 

Good Luck!

THANK YOUUU SO MUCH, Dashinka!! At the risk of sounding enormously dumb, can I ask if I130 is part of the spousal visa? Do I have to file I130 and also apply for the spousal visa?

[Family 3,988]

Absolutely agree that your best option is to marry and start consular I-130. Given your timeline you will probably be married 2 years  by the time you need the green card ( and get to skip the I-751 ). 
While your I-130 is pending you can apply for a visitor visa for ease of visiting spouse. 

[Rocio0010 5,579]

2 minutes ago, type2error said:

THANK YOUUU SO MUCH, Dashinka!! At the risk of sounding enormously dumb, can I ask if I130 is part of the spousal visa? Do I have to file I130 and also apply for the spousal visa?

Yep. The I-130 is the form that establishes the relationship between the petitioner and beneficiary.

Here's the guide to the Spouse visa

[Dashinka 24,493]

2 minutes ago, type2error said:

THANK YOUUU SO MUCH, Dashinka!! At the risk of sounding enormously dumb, can I ask if I130 is part of the spousal visa? Do I have to file I130 and also apply for the spousal visa?

Yes, the I130 is required for the spousal visa.  It is fairly simple and can be completed online once the marriage certificate is in hand.

 

2 minutes ago, Family said:

Absolutely agree that your best option is to marry and start consular I-130. Given your timeline you will probably be married 2 years  by the time you need the green card ( and get to skip the I-751 ). 
While your I-130 is pending you can apply for a visitor visa for ease of visiting spouse. 

 It does not sound like consular processing of the I130 is an option here unless the future USC spouse is planning to take up residence in the UK.

[Family 3,988]

Forgive me , I refer to “ Consular” as the regular filing not DCF. Jus the usual USCIS-NVC-Consulate route as u indicate