K-1 Did I screw up?

[SarahSwede 55]

My fiance just got approved for his K-1 visa (yay). We now have a very tricky situation with many problems. We have a trip planned to the US in April - so the 90 days start, but our wedding isn't planned until July! Also I didn't realize that he couldn't leave the US after entering on the K-1. So I guess we have to get married in the court house in April (although we only have a week). Then our plan was to live in Sweden for 2+ years. I wasn't thinking of another options when we applied for the K-1 but now I don't know if it was the right choice. Can he even leave the US after we get married? Will he be let in in July for our actual wedding? All help will be greatly appreciated!! 

-Scared and confused Sarah 

[Dutchster 1,106]

If he enters to US on a K1 visa, leaving afterwards is not a problem. Re-entering will be a problem. Him being your spouse has no value but if he also has no Advanced Parole or greencard, CPB will not let him back in.
Also the requirement of the conditional green card is that you will not reside for a longer period of 1 year outside the US or you will have to surrender it since you have no intent to reside in the United States.

The K1 visa is meant for adjusting status after you marry within 90 days. In that time he will receive a work authorization and advanced parole if you apply for it too, so he can leave and enter the United States while his green card is in processing.

[Rc123rc 528]

Enter the US in April with the K-1. The K-1 expires immediately. You have 90 days from entry date to get married. I suggest a quick civil wedding and then you can have your planned July ceremony. Apply for AOS, EAD and AP as right after your civil marriage and get your marriage certificate. Once he receives the AP then he can travel outside the US and return. OK, so far? OK the bad news. You're going to have to rethink the whole live in Sweden thing for 2+ years. If you are serious about this then you might consider scrapping the K-1, get married overseas, live in Sweden to your hearts content. Forget about green card for the time being. 

[s + j 71]

If you're serious about living two years in Sweden...Marry in Sweden, cancel the K-1 and 10-12 months before moving back to the states, apply for a spousal visa.

Also, HI fellow swede!

Edited February 23, 2017 by s + j

[NYCruiser 423]

If he leaves after entering on the K1, he will not be able to return. IF he leaves after you marry and file for AOS, he will have considered to have abandoned his Permanent Residence. If he leave on an Advance Parole, no problem, but not for too long or that will be questioned as well. Once he gets his green card (conditional) if he leaves for a year, even less, they will question him. After a year, the Green Card will be considered abandoned

[SarahSwede 55]

Hmm okay. That's what I have been slowly figuring out. If we get married in April. And then he leaves (probably without AP - since the trip is only a week long and I assume it takes longer to process) would he be able to enter the US in July with the ESTA waiver? And then maybe we have to apply in a few years for a spouse visa?

[s + j 71]

11 minutes ago, SarahSwede said:

Hmm okay. That's what I have been slowly figuring out. If we get married in April. And then he leaves (probably without AP - since the trip is only a week long and I assume it takes longer to process) would he be able to enter the US in July with the ESTA waiver? And then maybe we have to apply in a few years for a spouse visa?

Chances are ESTA will be denied when he does have an approved K-1 visa on file, especially if already used. 

1: Get married in July instead and enter on K-1, you have six months to use it

2: Move right away to Sweden and get married there.

3: Get married in April, enter on K-1 and then go back to Sweden and stay, and in a few years apply for spousal visa

4: Don't move to sweden and apply for AOS, EAD and AP and wait until he's a citizen to move to sweden

 

POE will most likely, if he comes on a visa waiver after entering on a K-1 previously and left, that he is now coming back to stay. Front load evidence that he'll be returning back if you try going this route...but he'll probably be shipped back to Sweden

Edited February 23, 2017 by s + j

[Dutchster 1,106]

Why did you choose the K-1 visa? I would figure because you wanted him to move here?

I don't understand the fuzz you guys are getting yourself in right now. Did doubts happen? All these months waiting, money spend on this visa and application for what? I think chances are small if he re-enters on VWP, married to you and having an expired K1 visa in his passport. If they see it, they can be difficult. K-1 shows immigration intent.

[SarahSwede 55]

21 minutes ago, Dutchster said:

Why did you choose the K-1 visa? I would figure because you wanted him to move here?

I don't understand the fuzz you guys are getting yourself in right now. Did doubts happen? All these months waiting, money spend on this visa and application for what? I think chances are small if he re-enters on VWP, married to you and having an expired K1 visa in his passport. If they see it, they can be difficult. K-1 shows immigration intent.

I guess I didn't do my research well enough. I just assumed he needed the k-1 to get married in the US - which we want to do with my family in the US as it is more important to them than it is to the swedish side. Also in the beginning we were considering moving to the US sooner, but he just started a great new job that makes no sense to leave after only 5 months.

[SarahSwede 55]

29 minutes ago, s + j said:

Chances are ESTA will be denied when he does have an approved K-1 visa on file, especially if already used. 

1: Get married in July instead and enter on K-1, you have six months to use it

2: Move right away to Sweden and get married there.

3: Get married in April, enter on K-1 and then go back to Sweden and stay, and in a few years apply for spousal visa

4: Don't move to sweden and apply for AOS, EAD and AP and wait until he's a citizen to move to sweden

 

POE will most likely, if he comes on a visa waiver after entering on a K-1 previously and left, that he is now coming back to stay. Front load evidence that he'll be returning back if you try going this route...but he'll probably be shipped back to Sweden

Additionally his medical exam expires in early June. Otherwise we would just cancel the trip in April and use the K-1 to get married in July. But he needs to enter the US before the medical expires. I think our hole is just getting deeper..

[s + j 71]

6 minutes ago, SarahSwede said:

Additionally his medical exam expires in early June. Otherwise we would just cancel the trip in April and use the K-1 to get married in July. But he needs to enter the US before the medical expires. I think our hole is just getting deeper..

You have 90 days to marry..Why not come in May or so instead and wait til July, marry and then leave?

[SarahSwede 55]

57 minutes ago, s + j said:

You have 90 days to marry..Why not come in May or so instead and wait til July, marry and then leave?

I truly wish that would work, but he just started a new job. I can't imagine them keeping him if he requests 1.5 months off.

[mallafri76 1,012]

Wow, you wasted a lot of time and money on something that you're not gonna use or need. ? You could have just gotten married on the VWP. 

 

So you've decided you're not moving to the US, right? I think if you cancel/withdraw the visa due to changed plans, it won't affect his ability to travel on the VWP. You could probably double check that with the US embassy in Sweden. They're very approachable.

 

 

[SarahSwede 55]

3 minutes ago, mallafri76 said:

Wow, you wasted a lot of time and money on something that you're not gonna use or need. ? You could have just gotten married on the VWP. 

 

So you've decided you're not moving to the US, right? I think if you cancel/withdraw the visa due to changed plans, it won't affect his ability to travel on the VWP. You could probably double check that with the US embassy in Sweden. They're very approachable.

 

 

Yeah - at this point the money (while it sucks) it just something that we can't dwell on. Definitely not moving to the US for at least another 2 years. Do you know if it's possible to cancel the Visa even though it has basically been approved (the Embassy has his Visa right now)? Will cancelling the visa affect his ESTA?

[zilchfox 296]

If you're adamant on living in Sweden for 2+ years, withdraw and cancel the K-1 visa, have him come visit on the Visa Waiver Program, get married, then flee to Sweden as planned. If you want him to come live in the U.S. after the fact, you'll have to start over, but this time with the CR-1 visa.

 

No idea about ESTA, sorry.