Can a formal k1 holder get a Visa Waiver Program?

[katbee247 0]

I'm not sure if this is the right place to ask this.. I'm sorry if it's not!              

I'm a formal k1 holder and I'm in the USA trying to figure out if I can get a waiver program so I can come visit with my husband in the future. Things changed and we do not intend to live in the US. I've looked everywhere and it doesn't seem like there's an answer. We can not afford a lawyer so please if anyone knows something and could provide us some answers I would appreciate it     

 

Thank you! 

[Ontarkie 13,915]

~~Moved to Tourist Visas, from K1 P&P - As the OP is asking about visiting and not continuing the AOS process.~~

[Suss&Camm 2,213]

8 minutes ago, katbee247 said:

I'm not sure if this is the right place to ask this.. I'm sorry if it's not!              

I'm a formal k1 holder and I'm in the USA trying to figure out if I can get a waiver program so I can come visit with my husband in the future. Things changed and we do not intend to live in the US. I've looked everywhere and it doesn't seem like there's an answer. We can not afford a lawyer so please if anyone knows something and could provide us some answers I would appreciate it     

 

Thank you! 

Formal? You mean former? So you haven't applied for AOS? If you do not continue through to citizenship, you will of course not be able to keep a GC if you have that already, but I assume you know that. If you are from a VWP country, have never violated any immigration provisions, I can't see a problem with travelling on that VWP.

[Coco8 1,039]

You information is confusing. I understand the following:

 

1- You had K1 before

2- You entered with the K1 and got married

3- Did you file for AOS? Do you have a green card? Why do you want to leave? 

4- Does your husband plan to stay in the US and you plan to live somewhere else? Or is it both of you who plan to live somewhere else? For how long?

 

 

 

[katbee247 0]

I'm sorry if I'm being confusing.

So I had a k1 and I entered the USA.

We got married and applied for AOS.

I don't have my GC yet but I understand that I can't have the GC and being out of the US.

We are moving to my home country and not planning on living in US...

We're worried that if I apply for a Visa Waiver Program to visit family and friends I'm going to be denied cause they'll think I intent on staying in US. 

[katbee247 0]

I meant to write  ** Former  

[geowrian 22,335]

1) Did you file for AOS before or after the 90 days of entry? If after, your VWP days are over (but a tourist visa is still possible).

2) It's definitely possible they will suspect immigrant intent on a somewhat-near entry attempt with a previous AOS application. Not impossible to visit again by any means, but it would be difficult IMO.

Edited November 20, 2017 by geowrian

[Coco8 1,039]

6 minutes ago, katbee247 said:

I'm sorry if I'm being confusing.

So I had a k1 and I entered the USA.

We got married and applied for AOS.

I don't have my GC yet but I understand that I can't have the GC and being out of the US.

We are moving to my home country and not planning on living in US...

We're worried that if I apply for a Visa Waiver Program to visit family and friends I'm going to be denied cause they'll think I intent on staying in US. 

Yes, being denied entry is a possibility. A lot of people went through that. 

 

If you are thinking of moving permanently to Italy, then there is no point on waiting for the green card. But if you are moving for 1 or 2 years, you can wait for the green card and when you leave, apply for a reentry permit. That way, if you move back, you can still keep your green card (remember though, that you will get a temporary 2 year GC and you need to do ROC).

 

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad.  Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States.  For more information, see the “Travel Documents” page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam.  There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders.  For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization.  If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

 

[Boiler 43,429]

As long as you have not overstayed.

[Boiler 43,429]

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