Sponsor applied for I-12F but got a temporary job outside USA

[jurassicpark 0]

Hello all!

I am a US citizen and petitioned the USCIS to grant my fiancee a K1 visa whom I have known for 2 years and have met her a lot of times in the 2year period. But after sending the petition, I received an excellent but temporary job offer from an institute outside USA which I will be joining for 2-3 years. What are my options? I sent the I-129F packet in late January and I will be joining my new job in Sept. Now, I am confused about what to do with this K1 petition?

1) Should I cancel it, go to her country, marry and apply for spouse immigration later?

1.1) If yes, can I apply for her permanent migration process while I am working in the foreign country?

1.2) Will withdrawing this petition affect her future immigration process?

2) Should she come to USA using K1, I marry her, not apply for AoS and leave for the new country together? And then later apply for her permanent migration from the foreign country where I will be working for a couple of years?

2.1) If yes, should I mention that my future job is outside USA when sending her I-134 for K1 processing?

3) Should she come to USA using K1, I marry her and also apply for AoS though I will be outside USA? (I can come back for the interview if needed)

3.1) In such a case will she be granted AP to come with me to the foreign country to help me settle down?

I have no idea - please help me with new options if you know. Any help appreciated.

Edited March 8, 2011 by jurassicpark

[jurassicpark 0]

Any help? Please...need immediate help...

[JimVaPhuong 4,865]

Hello all!

I am a US citizen and petitioned the USCIS to grant my fiancee a K1 visa whom I have known for 2 years and have met her a lot of times in the 2year period. But after sending the petition, I received an excellent but temporary job offer from an institute outside USA which I will be joining for 2-3 years. What are my options? I sent the I-129F packet in late January and I will be joining my new job in Sept. Now, I am confused about what to do with this K1 petition?

1) Should I cancel it, go to her country, marry and apply for spouse immigration later?

1.1) If yes, can I apply for her permanent migration process while I am working in the foreign country?

1.2) Will withdrawing this petition affect her future immigration process?

2) Should she come to USA using K1, I marry her, not apply for AoS and leave for the new country together? And then later apply for her permanent migration from the foreign country where I will be working for a couple of years?

2.1) If yes, should I mention that my future job is outside USA when sending her I-134 for K1 processing?

3) Should she come to USA using K1, I marry her and also apply for AoS though I will be outside USA? (I can come back for the interview if needed)

3.1) In such a case will she be granted AP to come with me to the foreign country to help me settle down?

I have no idea - please help me with new options if you know. Any help appreciated.

If you decide to pursue her immigration now then there are two possibilities, neither of which is particularly good. The first possibility is that she's going to remain in the US while you work abroad. This raises the obvious question of why she needs to immigrate to the US now when you will not be together. In fact, meeting the permanent resident requirements will force you to be apart. The second possibility is that she intends to join you in the foreign country where you will be working. That will make it impossible for her to maintain her permanent resident status. A permanent resident must actually reside in the United States.

Rather than think about ways to successfully navigate the immigration process now, you should probably be thinking about why you believe it's necessary for her to immigrate now when you won't be able to live together in the US for several years.

My recommendation would be to marry her now and then pursue a visa for her to stay with you in the foreign country where you will be working. This means withdrawing your I-129F petition. When you're both ready to move back to the US then you can file for an IR1 spousal visa. If you both meet the residency requirements in the foreign country where you're working then you should be able to file the petition directly with the US consulate. You'll have to reestablish your domicile in the US in order to sponsor her.

[jurassicpark 0]

My recommendation would be to marry her now and then pursue a visa for her to stay with you in the foreign country where you will be working. This means withdrawing your I-129F petition. When you're both ready to move back to the US then you can file for an IR1 spousal visa. If you both meet the residency requirements in the foreign country where you're working then you should be able to file the petition directly with the US consulate. You'll have to reestablish your domicile in the US in order to sponsor her.

Thank you so much for the sound advice. I am going to withdraw my application. She has a visitor's visa to the US (she has come here twice to meet me) and during her visa interview (around 2 yrs back) she was honest n mentioned that she is visiting the US to meet her fiancee (surprised?!? - we all were - touch wood). Can she come here, we get married, apply for the foreign visa and move together? Will that be a good idea? Oh one more thing, is withdrawing I-129F affect her visitors visa? Please do reply again. Thanks.