Leaving the US after marriage

[Azsara 110]

Hey can anyone explain whether id be able to leave the US once we are married for 2 weeks or so with my (then-to-be!) husband for a blessing in the UK? My fiancee seems to think that I cant leave the states for like 4 months or something otherwise it will be voided? I assumed I could just leave whenever once we are married and reenter on the VWP and apply for AoS? Though whether id be allowed to enter with my husband and no ties of coming back on the VWP is questionable. Any ideas?

[belinda63 2,981]

The purpose of the K-1 visa is to marry and adjust status within the US. It is illegal to use the VWP to enter the US with the intent to immigrate. If you leave after the marriage and return on the VWP then adjust status, if you are even permitted into the US, there will be intent written all over your paperwork (not literally). There is a chance your AOS would be denied, with the VWP there is no ability to appeal the decision, you would have to leave the country, never be eligible to use the VWP to enter the US again, and would have to file for a CR-1 to return to the US.

In hindsight, you should have come to the US on the VWP, married, returned home for the blessings, then filed for the CR-1.

[Azsara 110]

Thanks for the quick reply. So just to summarise, when I enter on the K1 to marry, later this year hopefully, and get married. Would I be able to leave for the UK for two weeks to visit my family or would it be better than I stayed?

[aaron2020 11,651]

Your plan will not work.

If you leave after entering on the K-1, you will be deemed to have abandon the process if you leave without AP. You will not be allowed to use the VWP to reentering the US to continue. You would need to start over. That's 6-12 months outside the US as a married woman.

After you get marry and apply for AOS, you can apply for AP. it will take 2-3 months. You may be able to get emergency AP at a local USCIS office.

If you leave on the K-1 without AP and somehow successfully get back into the US using the VWP, you could be flagged for fraud since you clearly would have immigrant intent when entering in the VWP with a prior K-1 entry.

Don't continue with your plan. Your husband is correct. You leaving within 2 week of entering on the K-1 and reentering on the VWP is an extremely bad idea that will it you money, anxiety, and a half year of separation during your first months of marriage.

[aaron2020 11,651]

Thanks for the quick reply. So just to summarise, when I enter on the K1 to marry, later this year hopefully, and get married. Would I be able to leave for the UK for two weeks to visit my family or would it be better than I stayed?

You can leave but you would not be allowed to return on the VWP to immigrate to the US. That's illegal and immigration fraud.

If you want to return, you need AP. it will take you 2-3 months after filing for AOS to get AP.

[caly 48]

Your plan will not work.

If you leave after entering on the K-1, you will be deemed to have abandon the process if you leave without AP. You will not be allowed to use the VWP to reentering the US to continue. You would need to start over. That's 6-12 months outside the US as a married woman.

After you get marry and apply for AOS, you can apply for AP. it will take 2-3 months. You may be able to get emergency AP at a local USCIS office.

If you leave on the K-1 without AP and somehow successfully get back into the US using the VWP, you could be flagged for fraud since you clearly would have immigrant intent when entering in the VWP with a prior K-1 entry.

Don't continue with your plan. Your husband is correct. You leaving within 2 week of entering on the K-1 and reentering on the VWP is an extremely bad idea that will it you money, anxiety, and a half year of separation during your first months of marriage.

Seems to me the plan (to return to the UK for blessing) is fine as long as OP waits till the Advance Parole is approved. Just need to plan accordingly.

Edited to add: Just saw your response. Guess I wasn't quick enough!

Edited January 20, 2013 by caly

[Azsara 110]

Alright thanks guys for the feedback. Looks like best option is to stay in the US after as I really dont think a blessing in the Uk is quite worth the hassle!

[Enigma11561 336]

You can always leave. It's coming back that is the problem.Blessings can wait. Do it the right way as suggested above.