What would happen in this case?

[garya505 2]

Someone asked me this and I really don't know the answer. I woman enters the US on a K1 VISA. After the marriage but before AOS, the woman has trouble adjusting to life in the US decides to return to her country. There are no children involved. What will be the result of this, as far as USCIS or DHS are concerned?

[Nicky44 0]

Someone asked me this and I really don't know the answer. I woman enters the US on a K1 VISA. After the marriage but before AOS, the woman has trouble adjusting to life in the US decides to return to her country. There are no children involved. What will be the result of this, as far as USCIS or DHS are concerned?

I think it is called abandonment of AOS, not 100% sure.

[Shub 78]

Nothing will happen... USCIS will simply consider that she has abandoned the idea of requesting permanent residency, and if she ever wants to come back to the US to settle, she will need to apply for a K-3 or CR1.

[gwenneh 7]

Nothing will happen... USCIS will simply consider that she has abandoned the idea of requesting permanent residency, and if she ever wants to come back to the US to settle, she will need to apply for a K-3 or CR1.

Exactly. The expired K-1 may cause questions if she attempts to re-enter for visiting but does not make her ineligible for a tourist visa or future settlement visas.

[garya505 2]

That's what I was thinking. The question came from the husband of my wife's cousin. Apparently she is having some second thoughts about her decision and may decide to return to her home country. I advised him to wait on AOS until they resolve it, since there is no penalty for waiting a few months . If she decides to go, I advised him to get a divorce or annullment before she leaves.

I'm sorry to see this happen to them. They're both nice people but maybe not right for each other.

[LaL 418]

That's what I was thinking. The question came from the husband of my wife's cousin. Apparently she is having some second thoughts about her decision and may decide to return to her home country. I advised him to wait on AOS until they resolve it, since there is no penalty for waiting a few months . If she decides to go, I advised him to get a divorce or annullment before she leaves.

I'm sorry to see this happen to them. They're both nice people but maybe not right for each other.

There may be no "penalty" for waiting a few months to submit AOS, however she could be accruing overstay time which could result in a pretty hefty penalty as a result.

[jerricho 0]

That's what I was thinking. The question came from the husband of my wife's cousin. Apparently she is having some second thoughts about her decision and may decide to return to her home country. I advised him to wait on AOS until they resolve it, since there is no penalty for waiting a few months . If she decides to go, I advised him to get a divorce or annullment before she leaves.

I'm sorry to see this happen to them. They're both nice people but maybe not right for each other.

There may be no "penalty" for waiting a few months to submit AOS, however she could be accruing overstay time which could result in a pretty hefty penalty as a result.

They are already married, so staying a few months would not cause her to have an overstayas you can file aos anytime after marriage.

Edited October 30, 2007 by jerricho

[LaL 418]

That's what I was thinking. The question came from the husband of my wife's cousin. Apparently she is having some second thoughts about her decision and may decide to return to her home country. I advised him to wait on AOS until they resolve it, since there is no penalty for waiting a few months . If she decides to go, I advised him to get a divorce or annullment before she leaves.

I'm sorry to see this happen to them. They're both nice people but maybe not right for each other.

There may be no "penalty" for waiting a few months to submit AOS, however she could be accruing overstay time which could result in a pretty hefty penalty as a result.

They are already married, so staying a few months would not cause her to have an overstayas you can file aos anytime after marriage.

You're right. Read better LaL!

[eau_xplain 2]

That's what I was thinking. The question came from the husband of my wife's cousin. Apparently she is having some second thoughts about her decision and may decide to return to her home country. I advised him to wait on AOS until they resolve it, since there is no penalty for waiting a few months . If she decides to go, I advised him to get a divorce or annullment before she leaves.

I'm sorry to see this happen to them. They're both nice people but maybe not right for each other.

There may be no "penalty" for waiting a few months to submit AOS, however she could be accruing overstay time which could result in a pretty hefty penalty as a result.

They are already married, so staying a few months would not cause her to have an overstayas you can file aos anytime after marriage.

You're right. Read better LaL!

Well, if she stays over the period indicated on her I-94 and decides to go home instead of filing for AOS, then the overstay will matter depending on how long it is. Overstay is only "forgiven" if the AOS is filed while the alien spouse is in the United States.

Edited October 30, 2007 by eau_xplain

[Mags 112]

That's what I was thinking. The question came from the husband of my wife's cousin. Apparently she is having some second thoughts about her decision and may decide to return to her home country. I advised him to wait on AOS until they resolve it, since there is no penalty for waiting a few months . If she decides to go, I advised him to get a divorce or annullment before she leaves.

I'm sorry to see this happen to them. They're both nice people but maybe not right for each other.

There may be no "penalty" for waiting a few months to submit AOS, however she could be accruing overstay time which could result in a pretty hefty penalty as a result.

They are already married, so staying a few months would not cause her to have an overstayas you can file aos anytime after marriage.

You're right. Read better LaL!

Well, if she stays over the period indicated on her I-94 and decides to go home instead of filing for AOS, then the overstay will matter depending on how long it is. Overstay is only "forgiven" if the AOS is filed while the alien spouse is in the United States.

Just what I was going to say!

If she stays for a while, it works out and they then file for AOS she'll be fine. If she stays for a while, it doesn't work out and she has stayed beyond the date indicated on her I-94, then she will accrue overstay and may have problems coming back to the USA in the future should she wish to do so.

[LaL 418]

Yeah - I had to step away from immigration related suggestions today - I knew there was an issue with it all, but would up getting confused when someone *corrected* me. Hands of the keyboard when not feeling so confident