Tricky k-1 situation

[ReillyHanna 0]

Hello,

Background info: I'm in the States and she is working in Korea but from the Philippines. We want to file for a k-1 visa and have her do everything while in Korea up to the point of needing to schedule the appointment at the Embassy in Manila. Basically, have her schedule the appoint in Korea, go back to the Philippines for one month, do the interview and hopefully fly to the States.

Okay, after that. We will get married quickly but we do NOT want to pay the AOS fee of 1000$ because we are not staying in the States passed January 2015 (or even November 2014). I'm awaiting for a contract to run out then we are both moving back to the Philippines. But, she needs to have a work permit though, so we will file that right after we get married.

My question, is it possible to file the I-765 (work permit) and have that allow her to work until early 2015? Also, can we get away with NOT filing the AOS and just allow the k-1 visa to expire? Or can we file something else so we don't have to pay that fee? She'll be in country just over 2 years then we will BOTH move to the Philippines.

And if that is the case? Can she get back in the country later (10 years down the road)? or would we have to do a k-3 visa or something?

Any help would be greatly appreciated. Thank you all very much.

Reilly/Hanna..

Edited February 8, 2013 by ReillyHanna

[Pitaya 2,576]

Hello,

Background info: I'm in the States and she is working in Korea but from the Philippines. We want to file for a k-1 visa and have her do everything while in Korea up to the point of needing to schedule the appointment at the Embassy in Manila. Basically, have her schedule the appoint in Korea, go back to the Philippines for one month, do the interview and hopefully fly to the States.

Okay, after that. We will get married quickly but we do NOT want to pay the AOS fee of 1000$ because we are not staying in the States passed January 2015 (or even November 2014). I'm awaiting for a contract to run out then we are both moving back to the Philippines. But, she needs to have a work permit though, so we will file that right after we get married.

My question, is it possible to file the I-765 (work permit) and have that allow her to work until early 2015? Also, can we get away with NOT filing the AOS and just allow the k-1 visa to expire? Or can we file something else so we don't have to pay that fee? She'll be in country just over 2 years then we will BOTH move to the Philippines.

And if that is the case? Can she get back in the country later (10 years down the road)? or would we have to do a k-3 visa or something?

Any help would be greatly appreciated. Thank you all very much.

Reilly/Hanna..

Welcome to the forum.

The K-1 visa is a one-time one-way visa. Once the beneficiary enters the US using the K-1 visa, the K-1 visa is null and void.

Good luck.

[belinda63 2,981]

You can pay for and receive a work permit without filing for AOS but it will expire with the expiration of the I-94 she receives when she enters, about 90 days after arrival. Since it takes about 60-90 days to receive the EAD it is essentially useless. If you don't file for AOS she will be out of status when the I-94 expires and she will begin accruing time towards a ban. Also she will be subject to detention and deportation since she will be out of status. If she remains in the US for more than 365 days out of status she will receive a 10 year ban from returning to the US when she leaves. You could petition her in the future to return to the US with a spousal visa petition but if she has a ban she has not served out you would have to file a hardship waiver and there is little chance it would be granted since you were both living in the Philippines together.

You probably need to re-think your plan.

[lost_at_sea 995]

Hello,

Background info: I'm in the States and she is working in Korea but from the Philippines. We want to file for a k-1 visa and have her do everything while in Korea up to the point of needing to schedule the appointment at the Embassy in Manila. Basically, have her schedule the appoint in Korea, go back to the Philippines for one month, do the interview and hopefully fly to the States.

Okay, after that. We will get married quickly but we do NOT want to pay the AOS fee of 1000$ because we are not staying in the States passed January 2015 (or even November 2014). I'm awaiting for a contract to run out then we are both moving back to the Philippines. But, she needs to have a work permit though, so we will file that right after we get married.

My question, is it possible to file the I-765 (work permit) and have that allow her to work until early 2015? Also, can we get away with NOT filing the AOS and just allow the k-1 visa to expire? Or can we file something else so we don't have to pay that fee? She'll be in country just over 2 years then we will BOTH move to the Philippines.

And if that is the case? Can she get back in the country later (10 years down the road)? or would we have to do a k-3 visa or something?

Any help would be greatly appreciated. Thank you all very much.

Reilly/Hanna..

Sounds to me like the only legit thing to do is suck it up and pay for, and complete, the AOS. You want to stay there much longer than you're allowed to on the K1 (and if you don't do AOS, she won't be able to re-enter on the K1, it's null once she enters).

The K1 is simply an official visa that allows a person to enter the US for the purposes of marriage (which, as I'm sure you know, you *must* do within 90 days of coming into the States on that visa), it's legally a non-immigrant visa - she can't remain legally without adjusting status, and if you leave without doing that, she'll only be able to come back on a different visa (such as a tourist one, with the restrictions that go with) or you file for the spousal visa from outside the country (which will take just as long as your K1 did + more money, it'd be like starting over) and if you remain, as another commenter said, she'll be doing so illegally and then the risk is just... well, yeah... bad.

Edited February 8, 2013 by lost_at_sea

[raf.luv.leah 5]

Maybe you look into doing the CR-1 path instead? That will allow your fiance to work as soon as she enters the USA.

Someone correct me if I'm wrong.

[Penny Lane 8,159]

The K1 is really intended for those who plan to marry and LIVE in the States. For more than a year or two.

[ReillyHanna 0]

Thank you all for the replies.

Essentially, k-1 route (completely..AOS and everything) or nothing...bummer.

I've been trying to find out if we can file for the k-1 visa while she is in Korea up to the point of needing the medical exam and interview. Then schedule the exam and interview (With her in Korea) when she CAN do it..have her go back to the Philippines, exam, interview...plane.

Is that possible? I've seen a lot of time frames of statuses but not really what I'm asking here.

[Pitaya 2,576]

Thank you all for the replies.

Essentially, k-1 route (completely..AOS and everything) or nothing...bummer.

I've been trying to find out if we can file for the k-1 visa while she is in Korea up to the point of needing the medical exam and interview. Then schedule the exam and interview (With her in Korea) when she CAN do it..have her go back to the Philippines, exam, interview...plane.

Is that possible? I've seen a lot of time frames of statuses but not really what I'm asking here.

Keep in mind the statement after question 20, page 2 of the Form I-129F, Petition for Alien Fiance(e):

NOTE: (Designation of a U.S. embassy or consulate outside the county of your fiancé(e)s last residence does not guarantee acceptance by that foreign post. Acceptance is at the discretion of the designated embassy or consulate.)

Good luck.

[ReillyHanna 0]

We want to file it to Manila Embassy. Can the interview and exam get scheduled while she is still in Korea?

[ReillyHanna 0]

We are considering other options now. Looks like we are going to do the k-1 visa and stay in the States for 4-5 years. But a question about taxes, she has kids but will not be joining us here in the states. Is there anyway we could still claim them on our taxes, or do they have to be full citizens of the States?

[belinda63 2,981]

I believe the children would have to be residents of the US in order to be claimed as dependents.

[ReillyHanna 0]

So, on the question about timing. We will probably send the initial I-129F package to the USCIS on February 15, 2013. She needs to leave Korea July 10, 2013. Is that time frame too much, too little, just enough or doesn't matter?

Meaning can we process it the now and if it get to the Manila Embassy quickly, will they hold it until she comes back to the Philippines? Or can we schedule her interview while in Korea? Or is that NOT enough time to get it seen by the Embassy before she comes back?

She is going back in July but can't be without work for a long extended period of time. Be home in Philippines tops 1-2 months.

Any replies would be greatly appreciated.

[Pitaya 2,576]

So, on the question about timing. We will probably send the initial I-129F package to the USCIS on February 15, 2013. She needs to leave Korea July 10, 2013. Is that time frame too much, too little, just enough or doesn't matter?

Meaning can we process it the now and if it get to the Manila Embassy quickly, will they hold it until she comes back to the Philippines? Or can we schedule her interview while in Korea? Or is that NOT enough time to get it seen by the Embassy before she comes back?

She is going back in July but can't be without work for a long extended period of time. Be home in Philippines tops 1-2 months.

Any replies would be greatly appreciated.

Take a look at the Visa Comparison Charts and the K-1 Visa Flow chart to get some idea of the timeframes involved:

http://www.visajourney.com/content/compare

http://www.visajourney.com/content/k1flow

Bear in mind, the entire visa process is dependent on the government's (DHS, USCIS, DoS, etc) time schedule, not yours. There are far too many variables and possible delays to be able to make any definite plans. The more complicated you try to make the process, the higher likelihood of delays in your visa journey.

For example, if you submit your I-129F petition in mid-February, without any delays, you may get your petition approved in 5-8 months. Then the visa interview process at the embassy/consulate could take another 3-4 months, barring any problems/delays/issues, etc.; then there is receipt of the visa, then AOS, then ROC. Take a look at other folk's timelines to get some idea of the real time involved in these visa processes. For example, our visa journey took us over 200 days to complete, and that was without any problems/delays/issues.

Happy trails.