(K1) Leaving USA after Marriage - Return with Spouse Visa?

[sefka 0]

Hello there!

 

I'm just looking for a little clarification here.

 

I have my approved K1 visa and my wedding scheduled for the end of the month, but during this lengthy (almost 2 year) process, my fiancée and I decided we would rather live elsewhere next year.

 

Now before anyone says it... yes, the K1 visa is indeed not the correct one for my circumstances anymore, but when we applied my plan WAS to move to the states. Life happened and decisions were changed. We have spent money we didn't have to and while it sucks, I want to just move forward.

 

The big question I have is this -

 

Since I will be leaving the USA after the marriage and not proceeding with the AOS stage, can I still return to the USA in the future so long as I apply for a Spouse Visa instead?

 

Does me not proceeding with the AOS process post-K1-marriage affect me negatively in any way?

 

Thank you for your time!

Lauren

 

Edit: Apologies if this is in the wrong forum. I just felt it may fit as this question technically falls in, what would be, during the AOS process!

Edited October 19, 2022 by sefka

[OldUser 6,648]

@sefka it will take about the same amount of time (maybe few months shorter) than K1

[OldUser 6,648]

Some useful insight (2015 though)

 

[sefka 0]

1 minute ago, OldUser said:

Some useful insight (2015 though)

 

This is very helpful - thank you!

[SalishSea 17,827]

4 hours ago, sefka said:

Hello there!

 

I'm just looking for a little clarification here.

 

I have my approved K1 visa and my wedding scheduled for the end of the month, but during this lengthy (almost 2 year) process, my fiancée and I decided we would rather live elsewhere next year.

 

Now before anyone says it... yes, the K1 visa is indeed not the correct one for my circumstances anymore, but when we applied my plan WAS to move to the states. Life happened and decisions were changed. We have spent money we didn't have to and while it sucks, I want to just move forward.

 

The big question I have is this -

 

Since I will be leaving the USA after the marriage and not proceeding with the AOS stage, can I still return to the USA in the future so long as I apply for a Spouse Visa instead?

 

Does me not proceeding with the AOS process post-K1-marriage affect me negatively in any way?

 

Thank you for your time!

Lauren

 

Edit: Apologies if this is in the wrong forum. I just felt it may fit as this question technically falls in, what would be, during the AOS process!

You don't say how long you intend to reside abroad after marriage, but since processing times are always increasing, I recommend that the USC spouse files the I-130 petition for a spousal visa straight away.  It will likely take 18 mo-2 years to process, and if you want to stay away longer, you can also delay it at the NVC.  Best luck.

[Chancy 6,241]

On 10/18/2022 at 8:16 PM, sefka said:

Since I will be leaving the USA after the marriage and not proceeding with the AOS stage, can I still return to the USA in the future so long as I apply for a Spouse Visa instead?

 

Does me not proceeding with the AOS process post-K1-marriage affect me negatively in any way?

 

No issue.  @SteveInBostonI130's wife had to go through this --

 

 

[SteveInBostonI130 3,434]

Hi @sefka, there will be no issues if you get married and then leave the US.  You should leave before your I-94 expires and you will need to start the immigration process all over again starting with the I-130.

 

Everything about the K1 is for the beneficiary to arrive in the US and get married within 90 days.  Both parties typically attest twice stating this.  The expectation is that the couple will proceed with AOS, but they are not obligated to do so. 

 

We did both K1 and CR1.  Our I-130 for the CR1 was actually approved faster than others in our group.  We did declare on the form that we had an approved K1 and explained why we didn't adjust status (family emergency).

 

My recommendation is to file the I-130 now, but delay process at the NVC stage until almost your 2nd anniversary.  This will allow you to immigrate after 2 years of marriage and enter as an IR1.  Your will get the 10 yr green card and can avoid the ROC process that we are doing now.

Edited October 21, 2022 by SteveInBostonI130