Can we get married and immediately LEAVE U.S.A?

[sevansup 0]

I want to marry a girl from Slovakia in December--I am a US citizen. We want to get married here and have our honeymoon here, then go back to Slovakia for 6 months and then return again to the US to THEN go through the process to make her a permanent resident. I have looked everywhere and I can't get a straight answer on this one question:

Can we leave the country immediately after getting married? What kind of process would be required when we're ready to come back & could it be approved within the 6 months we're in Slovakia?

Thanks!

Spencer

[jkelly07 120]

it is now januay.do you mean december 2012 you want to get married, is she here on a visit b/1 b/2 need more information is she a student f-1 .

[Pitaya 2,580]

I want to marry a girl from Slovakia in December--I am a US citizen. We want to get married here and have our honeymoon here, then go back to Slovakia for 6 months and then return again to the US to THEN go through the process to make her a permanent resident. I have looked everywhere and I can't get a straight answer on this one question:

Can we leave the country immediately after getting married? What kind of process would be required when we're ready to come back & could it be approved within the 6 months we're in Slovakia?

Thanks!

Spencer

Assuming she will be here on a tourist visa. She will need to go home before her visa expires. Take a look at the Guides , that speak about the fiance and spouse visas available. Sounds like you may be interested in the CR1/IR1 visa program, in particular the timeframes. The guides have great info about the whole visa process.

Good luck,

Edited January 13, 2012 by A&B

[Dupont 0]

I would think if you don't have the intention to live in the States that she could just enter on a tourist visa, get married in America, honeymoon in America and then you could both return to her home country and live there for a while. Once you were ready to move back to the States, you could apply for a spouse visa. She would just need to make sure her tourist visa was for a long enough time to enter, get married and honeymoon.

[sevansup 0]

it is now januay.do you mean december 2012 you want to get married, is she here on a visit b/1 b/2 need more information is she a student f-1 .

This is for a K-1 fiance visa. Although I guess any visa that gets her over here would be okay to marry her under...to my knowledge. And yes, it's December this year -- 2012.

[Tim/Mav 305]

I want to marry a girl from Slovakia in December--I am a US citizen. We want to get married here and have our honeymoon here, then go back to Slovakia for 6 months and then return again to the US to THEN go through the process to make her a permanent resident. I have looked everywhere and I can't get a straight answer on this one question:

Can we leave the country immediately after getting married? What kind of process would be required when we're ready to come back & could it be approved within the 6 months we're in Slovakia?

Thanks!

Spencer

This question is alittle over my head but heres a stab in the dark and could be totally wrong.

She is currently here on some type of Visa not related to a CR-1 or K-1. I think yes you can marry here and honeymoon as long as she does not overstay that Visa she currently holds.

Then, you mention to stay in Slovakia for 6 months as Husband and Wife AND THEN Return to the US as Husband and Wife and start the process. Thats where I see a posible problem.

She will most likely not be able to re-enter as now she is married to you and does not yet qualify as USC just because of marridge. I Think you will have to go through the process like everyone else does and File a CR-1 Petition. Her status on her Visa/Passport upon re-entry will have changed.

Like I said, these are just my thoughts and maybe totally wrong.

[Dupont 0]

No, you cannot enter on a k1 and then leave the country. The k1 is for people that want to live in America. You can't leave the country until your temporary greencard comes through (I think). I know there is a waiting period of several months where you can't leave the country. And there are conditions for how long you can leave the country for. If they feel that you aren't "living" in America they will revoke your greencard. I don't know how long those period are but with a bit of internet research you can find out. There is no need to do a k1 if you don't intend to remain in America after you are married. Just apply for the spouse visa when you get to her country and then once it is granted, you can both move back to the States.

[baron555 934]

I want to marry a girl from Slovakia in December--I am a US citizen. We want to get married here and have our honeymoon here, then go back to Slovakia for 6 months and then return again to the US to THEN go through the process to make her a permanent resident. I have looked everywhere and I can't get a straight answer on this one question:

Can we leave the country immediately after getting married? What kind of process would be required when we're ready to come back & could it be approved within the 6 months we're in Slovakia?

Thanks!

Spencer

For you to do what you describe......you'd petition her (and pay the fees) for a K-1 visa, have her come here, marry and then anyone is always free to leave, no visa required to leave, then you can leave.

Now when you two are ready to come to the US, you'd petition her with a CR-1 or DCF visa, pay the fees and wait the visa processing timeline(longer than a K-1 wait) and then come to the US as a happy couple.

If you two don't want to wait another year for the CR-1 or DCF visa, then you'd msrry here and then process AOS and then move out.

[Gary and Alla 3,696]

I want to marry a girl from Slovakia in December--I am a US citizen. We want to get married here and have our honeymoon here, then go back to Slovakia for 6 months and then return again to the US to THEN go through the process to make her a permanent resident. I have looked everywhere and I can't get a straight answer on this one question:

Can we leave the country immediately after getting married? What kind of process would be required when we're ready to come back & could it be approved within the 6 months we're in Slovakia?

Thanks!

Spencer

Yes you can, she just cannot return. You would have to start a new I-130 petition in order for her to come back. It currently takes 10-12 months to process.

You could also wait until after you have lived there for 6 months (you must be legally present in the country) and file for a DCF which goes much faster. That would probably be your best bet to time it as close to 6 months as possible

No, you cannot enter on a k1 and then leave the country. The k1 is for people that want to live in America. You can't leave the country until your temporary greencard comes through (I think). I know there is a waiting period of several months where you can't leave the country. And there are conditions for how long you can leave the country for. If they feel that you aren't "living" in America they will revoke your greencard. I don't know how long those period are but with a bit of internet research you can find out. There is no need to do a k1 if you don't intend to remain in America after you are married. Just apply for the spouse visa when you get to her country and then once it is granted, you can both move back to the States.

You can LEAVE any time, but with a K-1 you cannot enter, get married, leave and RETURN. Leaving is never a problem.

[Gary and Alla 3,696]

I would think if you don't have the intention to live in the States that she could just enter on a tourist visa, get married in America, honeymoon in America and then you could both return to her home country and live there for a while. Once you were ready to move back to the States, you could apply for a spouse visa. She would just need to make sure her tourist visa was for a long enough time to enter, get married and honeymoon.

This is also true, if she has some other way to enter the US initially, either VWP or tourist visa, you can get married and then leave the country. Process your spouse visa to come back.

[Ryan H 3,932]

If you two don't want to wait another year for the CR-1 or DCF visa,

DCF is not a visa type, it's a process of filing an immigrant visa petition by a US Citizen living in a foreign country that has a USCIS field office.

You could also wait until after you have lived there for 6 months (you must be legally present in the country) and file for a DCF which goes much faster. That would probably be your best bet to time it as close to 6 months as possible

Slovakia is not on this list of USCIS overseas field offices so DCF will not be an option.

[aaron2020 11,652]

Hi Spencer,

Your fiancee is currently outside the US, and she does not have any visa to enter the US. Is this correct? I will assume it is for the rest of this post.

Here is a possible option without having to go the CR-1 route;

1. Enter on K-1.
   
2. Get marry.
   
3. File I-485 & Advance Parole (AP)*. AP is free to file if you file with the I-485 to adjust her status.
   
4. Stay in US until AP is approved. AP is valid for up to one year. Take the time while she is in the US to get whatever else she needs done done - SSN if possible, add her to your medical insurance, etc.
   
5. Travel to Slovakia.
   
6. VERY IMPORTANT - Make sure that someone is checking your mail. You do not want to miss anything from USCIS. Have someone fax or email the letters to you. Reschedule her interview & other meetings. Delay them until you get back to the US.
   
7. Return to the US together after your trip. She enters on her AP.
   
8. Complete the I-485 Adjustment of Status process --> Gets her a conditional two year green card.
   

* AP has two meanings on this forum - Advance Parole (AP) permits a person to reenter the US if the person has a pending immigration application such as an I-485 to adjust status. Administrative Processing (AP) which is an extended background check when a person applies for a visa.

----------

The advantage of this method is that you file for one visa, the K-1. You file for AOS & AP like anyone else. You must wait for her to receive AP. The best part is that you will not be separated after you get marry.

If you choose to go the K-1 and then CR-1 route, there is a good chance that you may be separated because of the time to get a CR-1 visa.

Edited January 13, 2012 by aaron2020

[Julie y Pat 67]

What Aaron just described is the proper way to go but there is no way to know how long things will take. If you file for a K1 very soon, there is a good chance your fiancee will have visa in hand, and be able to be in the US for your December wedding. If you have everything ready to file for AOS and Advanced Parole, you can send that in before you leave on your honeymoon. So you won't be able to leave immediately after being married and going on honeymoon, but immediately after receiving AP document. It could come soon after filing, and it could come a week before the green card. Best case scenario, you file very soon, K1 visa in hand by sept or oct. Courthouse wedding in the next few days, and send out AOS and AP applications, in the few days after that. Good chance she will AP document and/or green card before you're ready to leave after your honeymoon. I read somewhere on this site a while back, that if your petition or application is received on either an odd or even date of the month, it may take longer to process, or something to that extent. The risk is inversely proportional to the flexibility of your plans.

After rereading the other posts, I see that Dupont described another option. If your fiancee came on a tourist visa, you would be able to leave right after the honeymoon, and hopefully getting a spousal visa petition filed. But it doesn't seem like the process would be complete in six months. It would probably take longer, but the good thing would be that your wife would be a LPR when she arrived with you in the US, and you wouldn't have the hassle of AOS. The difficult part of this type of plan could be getting a tourist visa. I'm not sure how tough the consulate in Slovakia is, but she may have to show strong ties to Slovakia that would compel her to return. Your plans of living in Slovakia after the wedding should demonstrate strong ties. She's not likely to file AOS and stay in the US, while you go to Slovakia for six months without her. Maybe you have to apply for some type of spousal visa to live in Slovakia for six months with her. Copies of this type of paperwork could bolster her ties Slovakia. And living together in Slovakia should give you plenty of evidence of a bonafide relationship at her CR1 interview at the consulate.

Whatever route you go, you likely have a yes and no to the two questions you asked, could you leave right after getting married?, and could it be approved in six months?

[aaron2020 11,652]

What Aaron just described is the proper way to go but there is no way to know how long things will take. If you file for a K1 very soon, there is a good chance your fiancee will have visa in hand, and be able to be in the US for your December wedding. If you have everything ready to file for AOS and Advanced Parole, you can send that in before you leave on your honeymoon. So you won't be able to leave immediately after being married and going on honeymoon, but immediately after receiving AP document. It could come soon after filing, and it could come a week before the green card. Best case scenario, you file very soon, K1 visa in hand by sept or oct. Courthouse wedding in the next few days, and send out AOS and AP applications, in the few days after that. Good chance she will AP document and/or green card before you're ready to leave after your honeymoon. I read somewhere on this site a while back, that if your petition or application is received on either an odd or even date of the month, it may take longer to process, or something to that extent. The risk is inversely proportional to the flexibility of your plans.

After rereading the other posts, I see that Dupont described another option. If your fiancee came on a tourist visa, you would be able to leave right after the honeymoon, and hopefully getting a spousal visa petition filed. But it doesn't seem like the process would be complete in six months. It would probably take longer, but the good thing would be that your wife would be a LPR when she arrived with you in the US, and you wouldn't have the hassle of AOS. The difficult part of this type of plan could be getting a tourist visa. I'm not sure how tough the consulate in Slovakia is, but she may have to show strong ties to Slovakia that would compel her to return. Your plans of living in Slovakia after the wedding should demonstrate strong ties. She's not likely to file AOS and stay in the US, while you go to Slovakia for six months without her. Maybe you have to apply for some type of spousal visa to live in Slovakia for six months with her. Copies of this type of paperwork could bolster her ties Slovakia. And living together in Slovakia should give you plenty of evidence of a bonafide relationship at her CR1 interview at the consulate.

Whatever route you go, you likely have a yes and no to the two questions you asked, could you leave right after getting married?, and could it be approved in six months?

It's a ####### shot as to whether the CR-1 visa would be granted in 6 months. It could happen in 6 months, but don't count on it.

I think you have the beginning of a great idea by marrying at the courthouse. She can enter the US in October and they can get marry at the courthouse. File for her green card and AP. Have the wedding in December. Two to three months should be sufficient for her to get AP. If she is lucky, she could have her green card before she leaves.

[Julie y Pat 67]

NOA2's seem to be taking around six months these days. OP should start reading up on the K1 and be ready to file soon. I've seen posts "Whoohoo, NOA2 in 28 days!", and others that say "8 months and no NOA2, who do I call?"