USC moving overseas for gov't job before I come in with visa..

[FormelyCA 0]

Hi there,

My USC fiancé may be in the works of getting a job overseas with the US gov't. I have been on previous websites (tho, of course now I cannot seem to find them), which state that if this is the case, I am waived of certain restrictions placed on me leaving the country etc., during the 2 years as a conditional permanent status resident.

I am hoping I will have visa in hand by April/May.

If he gets a job overseas before April/May (with the gov't) and is not in the USA at the time of my visa approval, how does this work? I cannot enter the US and get married like we are supposed to (cause he won't be there ). Again, I know that if a USC K1visa petitioner and the beneficiary leaves the US after approval it is OK. However, I am not sure what happens if he leaves the US prior to me entering/us getting married.

I am Canadian and on the K1visa I should mention and am simply waiting for my interview date and final packet 4.

Any thoughts?

Thanks!!

[ding 1]

I imagine the USC needs to file an AR-11

LINK

And he needs to take a vacation home to marry you in the USA I'm thinking. Please, someone who knows for sure help here...

[FormelyCA 0]

Thanks for the reply,

Well it is my understanding that if he moves due to a gov't related job, a lot of the restrictions on me for claiming residence changes are simply waived. (IE - if I come down to the US, get married there, and then 3 months later he gets a gov't job in Italy and we move there, then they don't frown upon my leaving the country as they would had we just decided to move to Italy for funsies. I am talking about the 2 year conditional permanent residence status BTW)

SO.........I am wondering if the same applies if he gets this job BEFORE I am able to enter the US and BEFORE we get married here. He potentially could be leaving in the next 2 months but I do not foresee me getting my interview until May.

Any thoughts?

[pushbrk 13,803]

Thanks for the reply,

Well it is my understanding that if he moves due to a gov't related job, a lot of the restrictions on me for claiming residence changes are simply waived. (IE - if I come down to the US, get married there, and then 3 months later he gets a gov't job in Italy and we move there, then they don't frown upon my leaving the country as they would had we just decided to move to Italy for funsies. I am talking about the 2 year conditional permanent residence status BTW)

SO.........I am wondering if the same applies if he gets this job BEFORE I am able to enter the US and BEFORE we get married here. He potentially could be leaving in the next 2 months but I do not foresee me getting my interview until May.

Any thoughts?

You must enter the US within six months of visa issue. You then must marry the petitioner in the US within 90 days of entry. These are not waivable requirements. You may then obtain the necessary paperwork to leave with your spouse and reside abroad as if you were in the USA. However, you must still complete the adjustment of status process. As far as that is concerned, I know of no way to adjust status from outside the USA. It's possible that after completing the filing and biometrics, you may simply return for any interview. There may be no interview.

[FormelyCA 0]

Thanks for your reply, and just to follow up, I believe you are correct.

Just for anyone else who may ever be in this situation (doubtful but you never know!), you have to enter the US within the 6 months and marry within 90 days. If you want to leave the country for good (or for a few yrs contract work etc.), then you need to wait until you get your green card. This I am unsure of how long it takes. If someone could please state how long their's took I would love to hear (I am Canadian).

Basically, my options are for us to wait (which could take 6-12 months and he could get a job within the next month or 2), OR to say screw the K1 visa, cancel it, and then just go with him to the other country (where I could easily get work), and then we marry there, and start the K3 visa process. The plus of that, is we can do it in that country and have everything processed there (there is an embassy there) and then just come back together. No waiting apart.

Hmmm, what to do? I know we would lose money on the forms we have done so far (tho I can't recall, I think it was about $400 for the I-129???), BUT, for me to go to my interview in Montreal is just going to cost me about $400 JUST TO GET THERE (I have to take the train/plane and stay at a hotel). SO, if I said screw the K1, the 2 would cancel each other out.

Any suggestions? It isn't 100% he has this job, but both of us really want to go overseas now. And knowing this K1 thing will prolong the process by a year possibly is annoying as all heck!

Thanks!