Alien fiance wants to work abroad K-1

[joels341 0]

Hi all-

My alien fiance and I have been planning on doing the K-1 visa so she can come to the US and we can get married. I sent in my I-129F in January and got NOA1 on January 22nd.

Now, here's the complicated part. She has been working as a freelance French/English interpreter in France (her home country), and was begged to take the NATO exam in Brussels. She took the test just to see if she could pass (she is really likes to take tests to see examine her level of English and international knowledge).

After speaking with the officials there, she found out that if she does well on the test, she can make 6000 euros/month (about $10,000 US) working for NATO in Brussels. [Note: I currently make $55,000/year in the US]

We don't know what to do now. Should we cancel the K-1 and I go there, get married in France/Belgium, and then work abroad? If I want to bring her to the US, will I have to file a K-3 visa? Could I do it from Brussels so that we don't have to be apart during the process? If we get married in the US using the K-1 visa (as originally planned), would we be able to move to Brussels as US citizens?

I would prefer if we got married in the US under the K-1 so that we know we are on track for her to become a US citizen, but she is really excited right now about the possibility of working for NATO.

Someone from NATO said that we could get married in the US, and that she could bring me to Brussels by filling out some paperwork with NATO. Is this true? Would it complicate the K-1 process?

I don't want to prevent her from following her career, but I don't want to end up with lost US citizenship or with her being banned from US or causing her visa to be denied.

Anyone have any advice in this kind of situation?

Thanks in advance and good luck to everyone else!

Edited February 10, 2010 by joels341

[TracyTN 237]

If she's going to be working out of the US and you wouldn't be settling here after marriage, then any visa here at this point is not logical. Get married, live there, and then once you're ready to emigrate to the US, I'd look into the direct consular filing (DCF) option in Brussels.

http://www.visajourney.com/forums/index.ph...om&page=dcf

You can get married in the US on just a tourist visa so I'm not sure what the NATO rep is on about. I'm sure there'd be some hoops you'd have to hop through in order to be allowed to settle there.

You cannot 'lose' your US citizenship simply by living abroad, so I'm not sure what you mean by that. And her coming here with you on a tourist visa to get married wouldn't 'ban' her in the slightest. If you decide to go that option, just be sure to bring proof of ties to Brussels (like the job offer, any documents showing a residence, bank info, etc) so that the officer at the POE will know you're not going to marry and settle in the US.

*edited for clarity*

Edited February 10, 2010 by TracyTN

[Bobby+Umit 161]

(snip - have my coffee now)

If you go the K-1 - she would have to wait at least 3 years before trying to get USC.

If you get married there, you could bring her to the US with a CR-1, however, she would have to respect the "time" out of the US for LPR purposes.

If you get married on the K-1, AOS, then go back to Brussels, you would have to consider her LPR status (I do not know if her work would allow the LPR freedom to go outside the US for 6+ months) - and if you do go back, and lose the LPR because of the time limit, you just sunk a lot of time and money.

There is no way you would lose your USC by living in Brussels with your wife. (you still have to pay US taxes though).

If she really has her heart set on this job - then you may want to look into joining her over there - for the duration, and then if she wants to come to the US later, do the CR-1.

Edited February 10, 2010 by Bobby+Umit

[milimelo 4,682]

So your going to give up a $55K job so she can pursue her $10K job in europe? That doesn't make much economical sense. (unless you can get the same type of work over there)

If you go the K-1 - she would have to wait at least 3 years before trying to get USC.

If you get married there, you could bring her to the US with a CR-1, however, she would have to respect the "time" out of the US for LPR purposes.

If you get married on the K-1, AOS, then go back to Brussels, you would have to consider her LPR status (I do not know if her work would allow the LPR freedom to go outside the US for 6+ months) - and if you do go back, and lose the LPR because of the time limit, you just sunk a lot of time and money.

There is no way you would lose your USC by living in Brussels with your wife. (you still have to pay US taxes though).

If she really has her heart set on this job - then you may want to look into joining her over there - for the duration, and then if she wants to come to the US later, do the CR-1.

That is $10k per MONTH! I'd jump on that opportunity any time!

[john_and_marlene 162]

So your going to give up a $55K job so she can pursue her $10K job in europe? That doesn't make much economical sense.

That was 10K/month vs 55K/year

10k/month = 120K/year

[Bobby+Umit 161]

That was 10K/month vs 55K/year

10k/month = 120K/year

Yes - i see that now - not enough coffee in the system

[Lia792 5]

It kinda sounds like you need to take things slow. You didn't say what her test results are. If she does well, then you can talk about options. If she doesn't do well, then you can re-examine the US options.

As Americans, we are educated to believe that we have the best country and the best life. If your fiancee can more than double your salary, it looks like you might have to discuss moving to Europe. Not only that, but there are many recent topics of US immigration where people coming to the US or even the American citizen are out of work right now. People should think twice about moving to the US right now with the struggling economy and terrorist threats. Not only that, but I think anybody who is going to marry someone from a different culture and country should spend time in that environment to see how their loved one interacts with their native surroundings. It should not be an immediate decision to live in the US without considering the other options.

I don't see any reason why you would lose US citizenship, or that she would get denied her visa, or that she would get banned from the US. You should read up on those topics to realize how hard it would be to obtain that type of ban or lose your citizenship.

Read the guides if you want to understand how the different visas work, and which ones you can apply for at different times. If she is not going to live permanently in the US, there is no reason to go through the hell of a K-1 or CR-1 until she is ready to do so. And you should not suppose that living in the US is the right choice for everybody.

[marie132 0]

It kinda sounds like you need to take things slow. You didn't say what her test results are. If she does well, then you can talk about options. If she doesn't do well, then you can re-examine the US options.

As Americans, we are educated to believe that we have the best country and the best life. If your fiancee can more than double your salary, it looks like you might have to discuss moving to Europe. Not only that, but there are many recent topics of US immigration where people coming to the US or even the American citizen are out of work right now. People should think twice about moving to the US right now with the struggling economy and terrorist threats. Not only that, but I think anybody who is going to marry someone from a different culture and country should spend time in that environment to see how their loved one interacts with their native surroundings. It should not be an immediate decision to live in the US without considering the other options.

I don't see any reason why you would lose US citizenship, or that she would get denied her visa, or that she would get banned from the US. You should read up on those topics to realize how hard it would be to obtain that type of ban or lose your citizenship.

Read the guides if you want to understand how the different visas work, and which ones you can apply for at different times. If she is not going to live permanently in the US, there is no reason to go through the hell of a K-1 or CR-1 until she is ready to do so. And you should not suppose that living in the US is the right choice for everybody.

Hi everyone,

I'm Marie, Joel's fiancée. Here is what he meant with the K-1 question:

Right now, NATO seems to want to hire me really badly, so I'm preparing psychologically just in case and looking at all my options...

I would make about 8K USD a month, that's about $100K /year, vs Joel's 55K/year.

And so I am thinking maybe it's worth it to take the job since it would be a 3 year contract. But I have one question:

After we get married in the US (as originally planned), can we still go to Belgium without me losing my benefits as the holder of a K-1 visa (e.g green card, status adjustment etc)? If we want to go back to the US after Belgium, will Joel have to file a K-3 visa, and if so, could he do it from Brussels so that we don't have to be apart during the process?

We worry that if we move soon after the wedding I might not be able to get US citizenship / might see my visa be denied.

So to put it simply, what happens if we get married in the US under the K-1, then leave for 3 years to work in Brussels?

Thanks!!!

[john_and_marlene 162]

Hi everyone,

I'm Marie, Joel's fiancée. Here is what he meant with the K-1 question:

Right now, NATO seems to want to hire me really badly, so I'm preparing psychologically just in case and looking at all my options...

I would make about 8K USD a month, that's about $100K /year, vs Joel's 55K/year.

And so I am thinking maybe it's worth it to take the job since it would be a 3 year contract. But I have one question:

After we get married in the US (as originally planned), can we still go to Belgium without me losing my benefits as the holder of a K-1 visa (e.g green card, status adjustment etc)? If we want to go back to the US after Belgium, will Joel have to file a K-3 visa, and if so, could he do it from Brussels so that we don't have to be apart during the process?

We worry that if we move soon after the wedding I might not be able to get US citizenship / might see my visa be denied.

So to put it simply, what happens if we get married in the US under the K-1, then leave for 3 years to work in Brussels?

Thanks!!!

The only benefits derived from the K-1 are:

1. A single entry to the U.S. for 90 days in order to get married to the petitioner.

2. Ability to file for adjustment of status based on the K-1 entry and marriage within the 90 days without having to file I-130. This assumes you file for adjustment without leaving the U.S. until you either you have Advance Parole for short visits outside the U.S. or get the green card.

Here is where your plan suffers:

1. If you want to be a permanent resident (green card) you will have to apply for and get the adjustment of status.

2. There will be a significant amount of time before your permanent residence is granted.

3. Once granted, to retain your resident status, you have to reside in the U.S. unless your employer outside the U.S. is the U.S. government or certain U.S. companies involved in commerce creation. If you are working and domiciled outside the U.S. with those exceptions, you will abandon your permanent residence.

Edited February 10, 2010 by john_and_marlene

[john_and_marlene 162]

So to put it simply, what happens if we get married in the US under the K-1, then leave for 3 years to work in Brussels?

You will not get a green card

You will not have resident status

You will not accrue time toward citizenship

You will be required to get a new immigrant visa when you are ready to immigrate to the U.S.

[Lia792 5]

Ah ok, now I understand the issue. You lose the full benefit of the K-1 if you leave before doing AOS and getting your green card. Plus, someone who has a green card must spend at least 6 months out of the year in the US or more depending on customs, unless you have a special permit. I don't remember what it is called, but I think that it is for a year.

What people are trying to say is that a K-1 visa is not convenient for you right now if you are going to take this work visa. If you have such a wonderful opportunity when the US is in a dire crisis, then most people would suggest you take it, then file DCF from Brussels? wherever you are, since he would probably have some type of residency at that point.

Please read the guides...

A K-1 visa holder abandons the visa if they leave the country before AOS. It is up to you guys if you really want to get married in the US or not, but you would completely lose the visa if you left the country. The K-1 timeline is something like this:

apply for visa...interview...6 month window to enter the US...enter US....90 days to get married from POE (entrance)...then you have to adjust status sometime after that...adjustment of status...conditional green card granted...2 years later you renew for a 10-year... one year later you can apply for citizenship if you are still married to the USC.

If at any point before citizenship you spend more time outside the US than in the US or at the discretion of customs officials if they feel you don't live in the US, they can revoke your green card (permanent residency.)

A K-1 is a non-immigrant visa that is adjusted to be an immigrant visa. If you don't want to live in the US yet, you save yourself hundreds of dollars at least by waiting to file until you are ready to live in the US.

The only thing I would warn you about is the US has a thing about people who are married to USCs but aren't immigrants or in relationships with USCs and they tend to make it very hard for you to spend time with your SOs family because they cannot believe that anyone would not want to live in the US.

[elmcitymaven 9,712]

Marie, if your heart is truly set on this job and you and your fiance intend to settle for a few years in Brussels, do not waste your time and money on a K1. I know he's already filed the I-129F, but if you wish to have your wedding in the US, you may do so on the VWP so long as you return to your home country before your I-94W (the green form you fill out to use the VWP) expires. This is usually 90 days. As others above have said, bring plenty of proof you intend to return. My husband and I were living together in the UK before we were married but came to the US for our wedding -- no problem with this as we made it clear we were returning to London.

If you two want to move to the US when your contract is up (or sooner), as long as your husband has been a legal resident of Belgium for six months, you will be able to file for a CR1 visa via Direct Consular Filing (known on here as DCF). This is usually a very quick process -- not sure how long it takes for Belgium, but it can be significantly faster than if you filed it via the US. Filing for a CR1 would also make you work-authorised upon entry to the US, and you would be a permanent resident. And you and Joel can stay together through the process.

If you filed for the K1 and then moved back to Belgium, you would essentially be flushing all the fees you just paid down the drain. You would not be eligible to apply for Adjustment of Status, so you would not get a green card. When you two moved back, you would have to start all over again with a new visa (the CR1 -- forget the K3, they're practically obsolete and have pretty much NO advantages).

My advice would be, if you take the job, to write off the expense of the I-129F.

Edit with a question:

The only thing I would warn you about is the US has a thing about people who are married to USCs but aren't immigrants or in relationships with USCs and they tend to make it very hard for you to spend time with your SOs family because they cannot believe that anyone would not want to live in the US.

What do you mean by this? I was married for 10 years to a non-USC, and we lived abroad that whole time. We never had any problem with him coming with me to visit my family for holidays. Nor was he ever asked to show any proof that he was returning to the UK with me. They asked him the purpose of his visit, and he'd say "To visit my in-laws with my wife."

Edited February 10, 2010 by elmcitymaven

[Lia792 5]

Here's the guide I suggest you read. Read the K-1, CR-1 and DCF parts.

http://www.visajourney.com/forums/index.ph...mp;page=compare

[Lorenzoid 12]

If my wife were to be offered a $100,000/yr job in Brussels today, we would abandon the AOS process and move there in a heartbeat, and then in a few years maybe think about returning to the U.S.--starting over with the immigration process (DCF in that case, I would imagine), etc. We both prefer Brussels to Atlanta ten times over!

SO WHAT if your efforts to immigrate via the K-1 route were all for nought and you simply abandon that route after you get married and have to start over from scratch in a few years. You get to live in Europe's Best Kept Secret and have enough income to really take advantage of living there.

We are envious.

[Lia792 5]

If my wife were to be offered a $100,000/yr job in Brussels today, we would abandon the AOS process and move there in a heartbeat, and then in a few years maybe think about returning to the U.S.--starting over with the immigration process (DCF in that case, I would imagine), etc. We both prefer Brussels to Atlanta ten times over!

SO WHAT if your efforts to immigrate via the K-1 route were all for nought and you simply abandon that route after you get married and have to start over from scratch in a few years. You get to live in Europe's Best Kept Secret and have enough income to really take advantage of living there.

We are envious.

Exactly what I was trying to say!