Can you leave once you have filed change of status?

[Taylor&Joey 0]

Hello all. My fiance is not sure about his future work plans, and we really don't necessarily want to live in the states right after we get married. We filed a K-1 because we heard it would be much easier in the future if we went about it this way. That and we want to be able to get married in the states without risking him being rejected at entry (he does have a tourist visa but it's about to expire). So we may or may not want to leave the country after the wedding and live abroad. What does this mean for his ability to come and go from the states? Can he still file for change of status? And if he can't then how can he get in and out? Thanks for any responses!

[kzielu 1,149]

Change of status is to obtain residency. First, leaving during adjustment period without Advance Parole will be considered abandonment of the AOS process. Second, if you do not plan to live in US, doing K-1 and filing for AOS just to loose green card later on due to being out of country is waste of money. Why don't you get married in the country where you plan to live ?

Once he comes, he will be free to go and he will not be allowed back in unless he applies and gets Advanced Parole. Later, he needs to maintain his residency, otherwise will loose GC.

[Penguin_ie 5,994]

**** Moving from K1 to Travelling During US Immigration forum ***

He can leave without filing AOS, but he cannot come back then without getting another visa.

If he files AOS and doesn;t wait to receive AP, he will need a new visa.

If he waits till he gets AP, he can travel but to keep his greencard he needs to live in the USA the majority of the time.

Edited January 29, 2013 by Penguin_ie

[Taylor&Joey 0]

We want to get married where my family and his can attend. Most of his family lives in the states and of course all of mine does. We are in Italy now. Does anyone know if you can apply for a K-1 and a tourist visa at the same time? Or do we need to abandon the K-1 visa and apply for spousal once we know we want to live in the states?

[MedRoni 161]

We want to get married where my family and his can attend. Most of his family lives in the states and of course all of mine does. We are in Italy now. Does anyone know if you can apply for a K-1 and a tourist visa at the same time? Or do we need to abandon the K-1 visa and apply for spousal once we know we want to live in the states?

He could try for a visitor visa while filing a K-1 but I am pretty sure they will deny it since he is from Egypt AND has alot of family living in the US if they know you are getting married in the US. He would have to prove some pretty strong ties to his home country to show he will return and that is not very likely they will buy that. They could see it as he has too many flags showing intent to migrate.

In my opinion you would be better off going the CR-1 route when you know for sure if you are coming back, assuming you can swing all the financial and establishing residence requirements. Of course that may also mean getting married outside the US. Just some thoughts to toss around.

Either way I wish you guys the best!

Edited January 29, 2013 by MedRoni

[Dave&Roza 748]

Hello all. My fiance is not sure about his future work plans, and we really don't necessarily want to live in the states right after we get married. We filed a K-1 because we heard it would be much easier in the future if we went about it this way. That and we want to be able to get married in the states without risking him being rejected at entry (he does have a tourist visa but it's about to expire). So we may or may not want to leave the country after the wedding and live abroad. What does this mean for his ability to come and go from the states? Can he still file for change of status? And if he can't then how can he get in and out? Thanks for any responses!

Why no try and renew the tourist visa. Assuming he did not abuse it, he should be able to get a new one. I would start there first and if that is denied then you are only out the application fee and can then decided what your next step would be. Once you are granted a visa t enter teh US, you can always leave at any time. The problem will be in re-entering the US as that rquires a valid visa, the VWP, AP or a GC.

Good luck,

Dave

Edited January 29, 2013 by Dave&Roza

[Taylor&Joey 0]

Okay let me make sure I understand correctly. If we get the K-1, get married on it but he leaves without doing an adjustment of status- what type of visa would he then need to apply for to re-enter?

On the other hand, if we were to abandon the K-1, would he be that unlikely to get another tourist visa? He has had one before, he had it 4 years, came to the states 4 times, and never stayed more than 2 weeks at a time. He is a management consultant in Italy so he has a good job to return to. He also is in the process of getting Italian citizenship. However, both of his brothers live in the states (one naturalized and one with a green card) and his mother now has an immigrant visa as well.

Thank you for all your responses, I never realized how complicated this all could be!

[Asia 2,498]

Okay let me make sure I understand correctly. If we get the K-1, get married on it but he leaves without doing an adjustment of status- what type of visa would he then need to apply for to re-enter?

It depends on what he wants to do after re-entering.

If it's just a visit, he can apply for a tourist visa.

If you decide to settle in the US, you can start a spouse visa petition.

He can try applying for a tourist visa while the K-1 is proceeding.

Edited January 29, 2013 by Asia

[VanessaTony 3,567]

Okay let me make sure I understand correctly. If we get the K-1, get married on it but he leaves without doing an adjustment of status- what type of visa would he then need to apply for to re-enter?

On the other hand, if we were to abandon the K-1, would he be that unlikely to get another tourist visa? He has had one before, he had it 4 years, came to the states 4 times, and never stayed more than 2 weeks at a time. He is a management consultant in Italy so he has a good job to return to. He also is in the process of getting Italian citizenship. However, both of his brothers live in the states (one naturalized and one with a green card) and his mother now has an immigrant visa as well.

Thank you for all your responses, I never realized how complicated this all could be!

You would need a spousal visa to re-enter to live, or a visitor visa to visit. As your spouse it would be harder to get the visitor visa.

As above, it would be harder, as your spouse to get a visitor visa. Also having filed for the K1 he has shown possible immigrant intent so it could be harder.

You would be better off coming on the K1, adjusting status to get the GC and then deciding whether to stay or leave. On leaving (for good) give up the GC. This shows you don't have immigrant intent and a visitor visa would be easier.

[Taylor&Joey 0]

Okay thank you this is starting to get clearer.

Now I am just wondering if what we should do is continue with the K-1, get married in the states. Then, if we decide to live in the states change his status and stay. If we decide he has better job opportunities abroad, get residence abroad wherever his job is, and apply by Direct Consular Filing whenever we decide we would like to live in the states (at least after 6 months of residence when we are eligible for DCF). In the meantime he should be able to get a tourist visa since he walked out on the K-1 and therefore doesn't have intent to immigrate. That way we could still go back to visit for holidays. Anyone know any obstacles to this plan?