Need help....married in US on k-1 visa and spouse had to return home before filing AOS

[susanm 0]

My spouse and I applied for and received the k-1 visa and were married July 26. Before he was able to file for AP or AOS, he had to return home to Australia.

We are confused on what avenue to take in order for him to legally return to the US and file his AOS?

Any help would be appreciated!

[Shauneg 762]

My spouse and I applied for and received the k-1 visa and were married July 26. Before he was able to file for AP or AOS, he had to return home to Australia.

We are confused on what avenue to take in order for him to legally return to the US and file his AOS?

Any help would be appreciated!

There is none, you must file a spousal visa.

[Lee&Ana 88]

He is out of luck and you will have to file all over again for him. He didn't have legal status just because you got married. Getting married just satisfies the requirement of the k1 visa. Without the advance parole, which is the travel permit, he isn't allowed to leave the country. If you had filed for AOS and received either the advance parole or the EAD combo card, then he would have been able to go home and come back easily.

[Unlockable 7,314]

AOS is for when the immigrate is INSIDE the US. You have to go the spousal visa route. File the I-130 as soon as possible to get the ball rolling. Should take about a year.

[susanm 0]

That is what I was afraid of. Is he allowed to visit once that is filed? Or will he not be able to enter the states until it is issued?

Seems like we have already been waiting forever

[Unlockable 7,314]

Unless he has or is able to obtain a visitor visa he won't be able to return until the spousal visa is issued to him. Hopefully it will get approved fast for you.

Good luck.

[Merrytooth 5,748]

The spouse is from Australia, I suppose he can use VWP to visit.

[susanm 0]

So could he come back over on his visitors visa and us file the paperwork for AOS then? Since it has only been less than a month?

[p-ana 933]

So could he come back over on his visitors visa and us file the paperwork for AOS then? Since it has only been less than a month?

No. That would be immigration fraud. A visitors visa is to visit.

[zzmr_qzz 24]

So could he come back over on his visitors visa and us file the paperwork for AOS then? Since it has only been less than a month?

Its weird, coz normally when K1 visa is issued, other types of US visa found in ur passport will be cancelled.

Edited August 19, 2016 by zzmr_qzz

[jan22 3,056]

So could he come back over on his visitors visa and us file the paperwork for AOS then? Since it has only been less than a month?

It is quite likely that they will deny entry when they see his last entry was on a K-1. They will question whether you have married and why he left the US. When they are told that he is returning to resume his AOS aplication, the immigration officials cannot admit him as a visitor, since he is clearly not coming for a visit -- he's coming to live.

[caliliving 606]

You already had the k1 which is an intent to marry visa.. therefore, he cannot come to the USA on a VWP and get married on that. You will have huge problems.... You need to apply for the CR1 spousal visa.. IF he is allowed to visit on VWP (and i highly doubt that) then he can VISIT and leave before his time is up.. you can start the spousal petition asap.. he is from Aus so it will probably take a year and shouldnt be that hard. obviously you had a very very good reason for him to leave, as you knew this was the consequence. You are married, so no, he can not come on a VWP and AOS. You spent all the time/money on the K1 so i assume a death in the family or something drastic was the reason for him going home.. therfroe, just start the CR1 paperwork asap and hopefully he can visit in the meantime (that would be something most countries are not entitled to) he would have to show strong ties back home ect but i think he may be ok to visit.

good luck

[MacUK 983]

So could he come back over on his visitors visa and us file the paperwork for AOS then? Since it has only been less than a month?

What date did your fiance enter the US?

Did he leave before 90 days were up?

[susanm 0]

He entered on July 20.

I know he was able to come visit on the VWP while we were waiting on the k1 visa so I assume that will be the same.

Does it take longer for the spousal visa than the k1 typically?

[Boiler 45,583]

About a year.