K-1 got married in the States, but husband needs to continue work oversea

[MJL 0]

My fiance got her K-1 Visa, and we plan to go back to Oregon to get married next month. Since I am currently working in Beijing, China, I tried to apply for a job but heared nothing at all. I think after we get married, I need to go back to China to countinue work, that means we need to be separated for while. Do you think this will affect her to receive the conditional permaent residency?

[payxibka 10,044]

moving to AOS forum...

[Brother Hesekiel 2,235]

As an immigration officer, I would ask your wife this:

Do you think it would be impossible for your husband to find a job in the United States of America? Do you know how gigantic the United States of America are? Do you think your husband prefers working in China over living with you, his newly wed wife?

I guess you get the picture. I understand the need to make a living, but I'm not easily convinced that a husband who's in love and just got married chooses -- and it's a choice -- to continue working in China, instead of looking for a job in the United States and being with his wife.

Luckily, I am not an immigration officer, and I don't know how immigration officers think, but if they think in any way similar, that would be a problem.

Another component is duration, of course. If your wife gets her Green Card and you continue to stay in China for a few more months, let's say half a year and then return to the States, she should be fine. If you stay there for a year or longer, it will be difficult to make a point to USCIS that this is a real marriage as seen in this culture.

[BethandBilly 86]

I guess what the USC does for a job would have a bearing on the case, if say he was a Government employee, such as Military, DOD etc then the Immigration people might be a little more understanding. Truthfully though there may be a way to work around this, if you marry and both you and your wife go back to China, her getting the special permit to stay longer than one year out of the country may be an option.

Whatever happens you are going to have to show proof of marriage, photo's etc, are you prepared for all of that and the questioning?

[Darnell 8,478]

once she has VISA IN HAND - check the expiration date.

Suggest, instead, that you replan ALL OF YOUR FUTURE LIFE

around a calendar date ,

that's

[expiration date - 1 week]

instead of your current plan.

Just saying.

---

but to answer yer original question -

no - will not affect anything on the AOS. Pay particular attention to the I-864, though - make sure either YOU qualify as sole sponser, or you've got joint-sponser in hand.

ROC - maybe, but there are documentary evidence things to be done , to squash any silliness

Good Luck !

Edited July 16, 2010 by Darnell