Traveling After Wedding

[kinoflic 0]

Hello VJ community,

I have searched the site about this type of question, but didn't find much on this topic. I have applied for a K-1 visa for my fiancée who is in Germany. Our goal is to get married in June 2012 for which we already started making arrangements. The issue here is that she has a good job in Germany. She works as a nurse and doesn't want to quit her job, leave her apartment, ship her belonging, etc., until she is able to work in the US. Is it possible for her to go back to Germany after the wedding until we wait for the papers? Was K-1 the right choice for our situation? Is there any better way we could do this?

Any help would be much appreciated,

Thank you!

[Harpa Timsah 13,258]

No. A K-1 is a one-time entry visa. Once she arrives she needs to get married, and file for Adjustment of Status. WIth AOS she can file for temporary travel permission, called Advance Parole. If she leaves before AP is approved and in her hands, she will not be able to reenter the US until she has secured a spousal visa (another year wait). She will have a few months where she cannot work or travel, sorry. There is a lot on this topic; in fact I think just yesterday someone asked the same thing. Once she gets her Permanent residence (Greencard) she does not need the travel permission anymore to travel.

Edited January 26, 2012 by Harpa Timsah

[didopage 337]

She can come back to Germany after your wedding but the K-1 visa would have been unuseful. If she is not ready to move until she is able to work, that would have been better to get married first, and then apply for the spousal visa. With it, she would have the right to work and travel freely once she arrives to the US (while with the fiancee visa, it takes few months to receive the employment authorization once she arrives to the US).

I suggest you read this link: http://www.visajourney.com/content/compare

[GandK 168]

She can't go back until she gets advance parole which takes 2-3 months to complete. But the employment authorization also takes 2-3 months as well... So I don't see the point.

You can also follow what the others advised above, you can withdraw your K-1 petition, get married now and file for CR-1 instead and start all the waiting over 9-12 months from now.

The good thing, she can continue working in Germany as much as she wants and when she get the CR-1 visa, she will get greencard upon entry to the US and can start working right way.

So it seems to me like you have to consider the priority.

Do you want to be together as soon as possible? or is her job, apartment and shipping hassle more important to you?

[skiptex 225]

well.. if she want that..

then get married and go CR1

so whats the issue with taking a 3 month vacation (while AOS is pending) while she is here in USA with you..?? nurse jobs should be easy to get.. they ALWAYS need Nurses..

[kinoflic 0]

Thank you all so much! Those are some great responses, I just wish I asked questions here before I rushed and applied for a K-1. I probably should've consulted with a lawyer also. I didn't realize that the US government would rather have you sit on a couch then generate an income that would be spent in the US.

If I cancel K-1 petition, get married and apply for CR-1, would she be able to travel to the US as usual or would there be a restriction on her travel? Is canceling a petition a smart move?

The reason she wants to keep working is because I am in school and not generating much income at the moment, and we don't really want to live off of my parents (they will be my co-sponsors). That is why she wanted to work continuously until I am out of school and then she would take here well-deserved vacation. Also, due to the wedding preparations, it would be easier to leave the troubles of relocation for after the wedding.

Any other thoughts would be appreciated!

[Gary and Alla 3,694]

Hello VJ community,

I have searched the site about this type of question, but didn't find much on this topic. I have applied for a K-1 visa for my fiancée who is in Germany. Our goal is to get married in June 2012 for which we already started making arrangements. The issue here is that she has a good job in Germany. She works as a nurse and doesn't want to quit her job, leave her apartment, ship her belonging, etc., until she is able to work in the US. Is it possible for her to go back to Germany after the wedding until we wait for the papers? Was K-1 the right choice for our situation? Is there any better way we could do this?

Any help would be much appreciated,

Thank you!

No. The K-1 was not a good choice. You chose it because it was faster. It reallyis not a faster way to get a green card and THAT is what you wanted. Speed of processing was not a valuable benefit for you.

She can go back to Germany but then you will have to file a CR-1 for her to re-enter as your spouse. You couldhave done that to begin with.

Thank you all so much! Those are some great responses, I just wish I asked questions here before I rushed and applied for a K-1. I probably should've consulted with a lawyer also. I didn't realize that the US government would rather have you sit on a couch then generate an income that would be spent in the US.

If I cancel K-1 petition, get married and apply for CR-1, would she be able to travel to the US as usual or would there be a restriction on her travel? Is canceling a petition a smart move?

The reason she wants to keep working is because I am in school and not generating much income at the moment, and we don't really want to live off of my parents (they will be my co-sponsors). That is why she wanted to work continuously until I am out of school and then she would take here well-deserved vacation. Also, due to the wedding preparations, it would be easier to leave the troubles of relocation for after the wedding.

Any other thoughts would be appreciated!

Yes she can visit, she will need proof she will return but then, she always would.

You donot need any visa to get married,only for her to enter and remain as a permanent resident.

[Leatherneck 693]

Thank you all so much! Those are some great responses, I just wish I asked questions here before I rushed and applied for a K-1. I probably should've consulted with a lawyer also. I didn't realize that the US government would rather have you sit on a couch then generate an income that would be spent in the US.

If I cancel K-1 petition, get married and apply for CR-1, would she be able to travel to the US as usual or would there be a restriction on her travel? Is canceling a petition a smart move?

The reason she wants to keep working is because I am in school and not generating much income at the moment, and we don't really want to live off of my parents (they will be my co-sponsors). That is why she wanted to work continuously until I am out of school and then she would take here well-deserved vacation. Also, due to the wedding preparations, it would be easier to leave the troubles of relocation for after the wedding.

Any other thoughts would be appreciated!

It sounds like she is using her head and has a very good reason to hang on to her job for as long as possible.

Sure you can withdraw the I-129F petition, get married, then submit a I-130 for your new wife. But "travel to the US as usual" would no longer exist with that I-130 in the system. She would now need to show very strong ties to Germany as proof that she has does not intend to immigrate here. Whereas previous trips she was a just a tourist, now with a pending I-130, in the eyes of a CBO, she has good reason to stay and she will have to prove otherwise.

It sounds as though she would be able to offer such strong proof that she has no plans to stay in the U.S. beyond any authorized stay. She would need to bring proof such as a letter from her employer explaining she is on vacation and is expected to return to work on a certain date, rental/lease agreement for her apartment, etc...

[kinoflic 0]

Thank you for your helpful responses, Harpa Timsah, didopage, GandK, skiptex, Gary and Alla and Leatherneck!

You made me reevaluate this whole process. I think that CR-1 (I-130) sounds like a right option for us. Yes, we will lose $300 by canceling K-1, but in the long run we will actually save more money.

My plan right now is to cancel K-1, get married in June as planned, and then apply for I-130. In the meantime, we will visit each other as usual. She works for the Red Cross in one of the big hospitals in Munich. I think that her employer's letter and apartment lease papers would be enough of proof for her to visit the US.

Any other ideas would be appreciated!