A brief synopsis:

I have applied for a K1 visa - interview in April. I'm moving to the US in May, and my fiance and I have preliminary plans to perhaps move back to canada together within a year or so (may 2007). I am afriad that perhaps I may not have my greencard by then.

Is there any way for me to leave the US, and still be able to enter when we go to visit her family (on holidays)? We most likely will remain in Canada to work and live. I am just afraid I may be denied entry.

Any insight would be appreciated.

Cheers,
-Andrew

Denied entry where?

If you move back to Canada whether you have your Green Card or not, you would not be able to remain a U.S. Permanent Resident. In order to remain a PR in the U.S., you must actually have a permanent residence in the U.S. You are able to leave the U.S. to travel, etc. for up to 1 year, but you must obtain a re-entry permit (with Form I-131) before you leave the U.S.

Why would you be immigrating to the U.S. if you are planning on living in Canada? Why doesn't your fiance just immigrate to Canada?

The K-1 is a one entry only visa. If you leave without AOS it would be considered abandoning your status and you would have to start all over again if you wanted to live in the U.S.

You are about waste a large amount of money. As has been stated, there is no way that, even if you have a green card by the time you move to Canada, that you'll be able to keep it. You must retain your primary residence in the USA, pay taxes, etc. in order to keep it.

If I was you, I would abandon the whole idea and just get married somewhere and live in Canada.

G

I think she's actually asking, that if they leave the U.S. before she gets an AOS interview or Green card, will this affect her visiting the U.S. in the future as a tourist (visiting with her husband to see his family).

Will she need to go to the U.S. Embassy to obtain a vistor's visa or can she enter on VWP or it's Canadian equivalent?

I don't know the answer to this, but maybe others do?

I don't think she'd have a problem coming back simply to visit, though I'm not entirely sure.

I know that I never had any problems coming to visit after having abandoned my permanent resident status... so if she does get her green card and decides to no longer live in the states, she should still be able to visit. She just would no longer be able to *live* in the US, as others have stated.

If she leaves before going through AOS though, I am not 100% sure, but I don't see why there would be a problem. Depending on the officer at the POE though, she may be required to prove she is just visiting and not attempting to return to live.

Since we're in a similar situation, I'll put in my $.02 here.

Russ entered on a K-1 visa and we were married. We then got better job offers in the UK, so decided to move back here before filing any AOS paperwork.

We do have to be back in the US for our big wedding reception in June, so we will be making a visit at that point.

We have made many calls and e-mails pertaining to this. Since there was no overstay, he entered the country legally and was recorded as leaving, he will be treated like any other VWP user upon his next entry. That means the burden of proof falls on him to prove he intends to return to the UK, etc. Business as usual. The K-1 is no longer valid, and he can enter on the same visitors terms as he did before the K-1.