Jump to content

Gallery      Downloads      Example Forms      Processing Times      Embassy Info      Reviews: Embassy/USCIS & POE      VJ Affiliates     Members


  • Please log in to reply

K3 without a greencard at the end

#1 talzag

talzag

    Junior Member

  • Members
  • PipPip
  • Joined: 13 Aug 2011
  • Country: Israel



Posted 03 June 2012 - 07:22 AM

Hi all.

I would really appreciate your help.

My wife is an American. I'm Australian. We would like to live in the US for a year or two but I do not want to get a greencard (for various reasons).

I saw the K3 Visa option. is there a way where I can get the K3 Visa and then cancel my I-130 so I dont get a greencard at the end?

Is there any other option for us to live in the US for a year or two without me getting a greencard..?

Thanks in advance
Tal
  • 0

#2 pushbrk

pushbrk

    Straight Talk Member

  • Members

Posted 03 June 2012 - 07:33 AM

Hi all.

I would really appreciate your help.

My wife is an American. I'm Australian. We would like to live in the US for a year or two but I do not want to get a greencard (for various reasons).

I saw the K3 Visa option. is there a way where I can get the K3 Visa and then cancel my I-130 so I dont get a greencard at the end?

Is there any other option for us to live in the US for a year or two without me getting a greencard..?

Thanks in advance
Tal


Though it would be perfect for what you describe, the K3 option is no longer viable and hasn't been since 2/1/2010. Lots of discussion on that in many threads of this forum. You'll want to Google "maintaining permanent resident status US" to determine your options. Depending on your choices, you may end up loosing your status if you don't remain in the USA more than you are out but if you only want to be here a year or two it's not clear there's any downside to having and then loosing a green card.
  • 0

#3 Jay Jay

Jay Jay

    Seasoned Immigrator

  • Members

Posted 03 June 2012 - 09:34 AM

I agree, I don't know exactly what the downside would be. You can abandon the green card at a US consulate when you get back to Aus.

The only real non-immigrant visa options that would allow you to stay for two years would be H-1b and F-1.. Possibly J-1. H-1b is very difficult to get unless you have a specialized skill and an employer to sponsor you. F-1 is relatively easy for Australians to get, but would require you to take on a full course of study (very expensive), and be limited to 20 hours/week of on-campus work only. J-1 is for internships and/or cultural exchange programs.

K3 would have been perfect but doesn't exist anywhere but on paper anymore.
  • 0
LPR since 2012
Detailed timeline in About Me section

#4 Anh map

Anh map

    K1 > AOS > ROC > USC

  • Members, Organizer

Posted 03 June 2012 - 09:57 AM

Hi all.

I would really appreciate your help.

My wife is an American. I'm Australian. We would like to live in the US for a year or two but I do not want to get a greencard (for various reasons).

I saw the K3 Visa option. is there a way where I can get the K3 Visa and then cancel my I-130 so I dont get a greencard at the end?

Is there any other option for us to live in the US for a year or two without me getting a greencard..?

Thanks in advance
Tal



Do you want to be able to work while you are in the US?
  • 0

#5 Vanessa&Tony

Vanessa&Tony

    Little Miss

  • Members

Posted 03 June 2012 - 10:12 AM

I would really appreciate your help.

My wife is an American. I'm Australian. We would like to live in the US for a year or two but I do not want to get a greencard (for various reasons).

I saw the K3 Visa option. is there a way where I can get the K3 Visa and then cancel my I-130 so I dont get a greencard at the end?

Is there any other option for us to live in the US for a year or two without me getting a greencard..?

As much as you DON'T want to give the reasons for not wanting one, it might be best if you do because it might just be you don't understand something (not the first time and it's not an insult).

For example - taxes. Living in the US if you work you have to file taxes of course. If you DON'T work your spouse will still need to file as married and if he files jointly (with your info) he should get a bigger refund. You can get an ITIN (tax number) but it would be easier with a SSN.

Leaving - you simply hand the card over at the nearest consulate in Australia or wherever you're living if you don't want it any more. You're still eligible for visas (in fact it looks good that you're playing by the rules) and there's no tax exit fee associated (if that's another concern).

There are no "giving up Australian citizenship" laws involved. It doesn't make you less Aussie.

It DOES make your life with your spouse significantly easier. You can get a US licence, work if you need to, leave and return easier, there are many pros to it and I'll be honest I can't think of a single negative outside of the cost.

Edited by Vanessa&Tony, 03 June 2012 - 10:17 AM.

  • 0
Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)
Aussie Chat page - http://www.visajourn...ussie-oi-oi-oi/ (leaving this for reference purposes)
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

#6 Darnell

Darnell

    Wuhan Rocks !

  • Members

Posted 03 June 2012 - 10:16 AM

short answer - NO.

There's a longish answer, and it's tied to the process of throwing out I-129F's at NVC.
  • 0
Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.




0 user(s) are browsing this forum

0 members, 0 guests, 0 anonymous users


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.