Leaving US after getting married with K-1

[luna_azul0609 6]

Ok I think I already know the answer to this but...

If my fiance comes to the US on a K-1 visa and we get married and then we go to his country before he becomes a resident, we would have to apply for CR-1 for him to go back to the US?

Basically it would be like going through the whole K-1 process and then the whole CR-1 process?

Is there anyway to get married in the US, but not live there until a awhile after marriage?

I know it seems like a silly question because the purpose of K-1 is to get married in the US and stay there but please advise

[sachinky 465]

If you leave the U.S. before receiving the AP, your AOS is considered to be abadoned and you would have to go through the CR-1 route again.

[Otto 83]

Is there anyway to get married in the US, but not live there until a awhile after marriage?

Can you elaborate on your plans? (In other words, how long is 'a while?')

[luna_azul0609 6]

Can you elaborate on your plans? (In other words, how long is 'a while?')

Somewhere around a year, not more than 2 years

Basically the issue is this, I would like my fiance to meet my family, and also have my family see us get married, but we are not ready to live in the US...and there's no way for my family to come to my fiance's country. Eventually, yes we would like to live in the US, but not right now...so maybe the best choice is to just reapply for K-1 visa when we are ready to move.

Edited January 16, 2010 by luna_azul0609

[f1_gurl 0]

You mean apply for K1 get your gf here in the US...get married here...wife goes back to pi then apply for a CR1??

I think what you should do is just apply for K1, get married, apply for AOS then apply for AP for your wife to get back to Pi then get married there again... thats less complicated i guess... you wife can stay in Pi for 3 weeks with AP

[JimVaPhuong 4,863]

Somewhere around a year, not more than 2 years

Basically the issue is this, I would like my fiance to meet my family, and also have my family see us get married, but we are not ready to live in the US...and there's no way for my family to come to my fiance's country. Eventually, yes we would like to live in the US, but not right now...so maybe the best choice is to just reapply for K-1 visa when we are ready to move.

This is a long shot, but you could try to get him a tourist visa to the US. This would allow you to marry in the presence of your family. Afterward, you could both return to Peru and file DCF for a CR1. You could even time your filing so that the interview will be around the time you want to return to the US.

This is a long shot because the odds of him getting a tourist visa are not very good, but it's worth a shot because it would allow you to proceed according to your plans. If it fails, then you'll either have to apply for a K1 when you're ready to move to the US, or get married in Peru and file for a CR1.

[PeruvyandGringa 25]

I don't know if you have tried to get a tourist visa from Peru yet, but it is VERY difficult. My fiance lives in Spain, but is Peruvian. We thought that since he was a legal resident of Spain would help him be able to get a tourist visa (he has lived there long enough that he could apply to be a Spanish citizen). We were wrong, he was denied in an instant (a year and a half ago). Since then, we became engaged, and I became friends with a couple who live in my city. She brought her now husband from Peru. They were together for 4 years prior to applying for the fiance visa, she went to Peru many times to visit. They tried 2 times to get a tourist visa for her fiance from Peru. He is from a VERY wealthy family in Peru, but was denied.

I do not know what the requirements are to gain a tourist visa from Peru, but it does seem it is extremely difficult, even for those with jobs to return to and money in the bank.

If you are not ready to live in the U.S. yet, can you wait to marry for a couple of years until you are ready to reside here? That seems to be an option. Also remember, that getting married in the U.S., the Peruvian family will likely not be able to attend. (The US family could go to Peru for a wedding).

[Darnell 8,478]

I guess the bigger qusetion might be - how many times do you want to pay the US government?

FWIW, I do think is some big advantage for doing DCF'd I-130 in Peru, but - ####### do I know? (silly grin)

[luna_azul0609 6]

Thank you everyone for the replies.

Yes Jim and Peruvy are correct, it is very hard to get a tourist visa from Peru. We have already received the NOA2 for our K-1, the Lima embassy even set an interview date for us already, but some things didn't go as planned so I am trying to see all of our options.

I am hoping I can extend the time before our interview so we can decide what it is we really want to do before we go ahead spending more money on this! Thanks again for the advice.

[pushbrk 12,979]

Somewhere around a year, not more than 2 years

Basically the issue is this, I would like my fiance to meet my family, and also have my family see us get married, but we are not ready to live in the US...and there's no way for my family to come to my fiance's country. Eventually, yes we would like to live in the US, but not right now...so maybe the best choice is to just reapply for K-1 visa when we are ready to move.

Those specific plans would require a CR1 visa for return to the USA. The tourist visa from Peru is certainly a long shot particularly if you already filed a fiance petition.

[Krikit 1,164]

You may want to look into obtaining a re-entry permit.... but that would entail a stay long enough to obtain conditional residency:

Link

[Filipina Lover 1]

Just get the permission to leave the country while you wait, but you still have to be back in the USA for your interview, doesn't make sense to leave and come back so soon, you might as well just wait until after the interview and then leave.

[leith@Ievgeniia 8]

if i am correct a gc takes approxmitly 4 to 5 months and your restrictions are lifted, then card i is good for 2years, are you planning to stay out of country for more than 2 years?

i would suggest to extend your stay in usa to get restrictions lifted, 5 to 6 months. save the extra 4k to do the cr1 visa and then leave and come back for interview in 2 years, and once you get 10 year card, come and go enough to show u live in usa. or not worry about it usa gc and marry and live anywhere is best for your family. and in many years down the road reapply for entry and come home.

the answer really depends on your timeline. good luck and enjoy life together!

[JimVaPhuong 4,863]

if i am correct a gc takes approxmitly 4 to 5 months and your restrictions are lifted, then card i is good for 2years, are you planning to stay out of country for more than 2 years?

i would suggest to extend your stay in usa to get restrictions lifted, 5 to 6 months. save the extra 4k to do the cr1 visa and then leave and come back for interview in 2 years, and once you get 10 year card, come and go enough to show u live in usa. or not worry about it usa gc and marry and live anywhere is best for your family. and in many years down the road reapply for entry and come home.

the answer really depends on your timeline. good luck and enjoy life together!

The green card is for people who intend to live in the US. An absence of more than 1 year would require a reentry permit to return to the US. However, anytime an LPR spends more than half their time outside the US they risk having the US government determine that they've abandoned their residency, and having their status revoked. A conditional resident can get a reentry permit, and it would probably be valid until they had to apply to remove conditions (it would never be valid for longer than this), but they might have a tough time keeping their status on return if they were outside the US nearly the entire time.

It would be better if they didn't pursue the green card until they were ready to actually live in the US permanently.

[pushbrk 12,979]

It would be better if they didn't pursue the green card until they were ready to actually live in the US permanently.

Absolutely correct.