Moving out of the country after getting married on a K1 visa

[Lizz & Alvin 2]

Hello,

After much discussion with my fiance, we have decided that we would like to move back to Jamaica (if possible) after getting married in the US on his K1 visa. There are many reasons why we need him to come here first... he wants to adopt my daughter (I don't believe this is possible to do out of the country) and I will need help in the moving process (selling belongings, etc.) as I work full time, go to school full time, and I'm the sole caregiver to my daughter with no family for 500 miles. What we are visioning right now is that he will come here, we will get married and file for AOS, then work on the adoption process for my daughter, try to work on me and my daughter's citizenship for Jamaica and in the process start selling things and get ready for the move... I'm not sure how long all of this will take. Will it be possible for us to move back to Jamaica after getting married and filing AOS Or does he need to stay in the US? What parts of this process can be done outside of the US, if any, and what parts will we need to return to the US, if any? I still want to go through the complete K1 process so he can travel with us when we come back to the states with no problems. Any advice or guidance to where I can find these things out will be greatly appriciated!

Thanks!!

[baron555 934]

Hello,

After much discussion with my fiance, we have decided that we would like to move back to Jamaica (if possible) after getting married in the US on his K1 visa. There are many reasons why we need him to come here first... he wants to adopt my daughter (I don't believe this is possible to do out of the country) and I will need help in the moving process (selling belongings, etc.) as I work full time, go to school full time, and I'm the sole caregiver to my daughter with no family for 500 miles. What we are visioning right now is that he will come here, we will get married and file for AOS, then work on the adoption process for my daughter, try to work on me and my daughter's citizenship for Jamaica and in the process start selling things and get ready for the move... I'm not sure how long all of this will take. Will it be possible for us to move back to Jamaica after getting married and filing AOS Or does he need to stay in the US? What parts of this process can be done outside of the US, if any, and what parts will we need to return to the US, if any? I still want to go through the complete K1 process so he can travel with us when we come back to the states with no problems. Any advice or guidance to where I can find these things out will be greatly appriciated!

Thanks!!

To have the Green Card remain valid and to be able to do ROC after AOS, there is a minimum amount of time one must remain in the US per year. You can't do that if you're out of the country. Why not just move over there and get married? Then when you are ready to come here, do a DCF or CR-1. Your plan is not good.

[bt1 42]

Hello,

After much discussion with my fiance, we have decided that we would like to move back to Jamaica (if possible) after getting married in the US on his K1 visa. There are many reasons why we need him to come here first... he wants to adopt my daughter (I don't believe this is possible to do out of the country) and I will need help in the moving process (selling belongings, etc.) as I work full time, go to school full time, and I'm the sole caregiver to my daughter with no family for 500 miles. What we are visioning right now is that he will come here, we will get married and file for AOS, then work on the adoption process for my daughter, try to work on me and my daughter's citizenship for Jamaica and in the process start selling things and get ready for the move... I'm not sure how long all of this will take. Will it be possible for us to move back to Jamaica after getting married and filing AOS Or does he need to stay in the US? What parts of this process can be done outside of the US, if any, and what parts will we need to return to the US, if any? I still want to go through the complete K1 process so he can travel with us when we come back to the states with no problems. Any advice or guidance to where I can find these things out will be greatly appriciated!

Thanks!!

You would be wasting your time and money filing for AOS. If you leave the country and really intend to live in Jamaica, his GS would be invalid. Besides, AOS from K1 only gives you a temporary, 2-year GC from which you need to remove conditions after 2 years. If you reside outside of the US, you will not be able to ROC, so really, there is no point you going through all this.

[Dave&Roza 748]

Hello,

After much discussion with my fiance, we have decided that we would like to move back to Jamaica (if possible) after getting married in the US on his K1 visa. There are many reasons why we need him to come here first... he wants to adopt my daughter (I don't believe this is possible to do out of the country) and I will need help in the moving process (selling belongings, etc.) as I work full time, go to school full time, and I'm the sole caregiver to my daughter with no family for 500 miles. What we are visioning right now is that he will come here, we will get married and file for AOS, then work on the adoption process for my daughter, try to work on me and my daughter's citizenship for Jamaica and in the process start selling things and get ready for the move... I'm not sure how long all of this will take. Will it be possible for us to move back to Jamaica after getting married and filing AOS Or does he need to stay in the US? What parts of this process can be done outside of the US, if any, and what parts will we need to return to the US, if any? I still want to go through the complete K1 process so he can travel with us when we come back to the states with no problems. Any advice or guidance to where I can find these things out will be greatly appriciated!

Thanks!!

The only thing the K-1 visa will allow him to do is travel to the US so he can marry you within 90-days of arrival. He can then help with the packing and moving and then you both leave. I would not waste my time or money on AOS as a GC is for a LPR that intends to live in the US and he does not intend to live in the US. Continue as you are, do not file for AOS and when you both decide to live in the US than file for a spousal visa. If he was from a country that allowed freer travel to the US, I woould not even recommend the K-1 visa, but he will need that in order to get into the US to help you move and get married. You are really using the K-1 visa more live a tourist visa in this situation.

Good luck,

Dave

Edited March 14, 2013 by Dave&Roza

[Penguin_ie 6,002]

Not sure how long the adoption process will take, but if you think you can manage to stay in the USA for about 4 years, that would be best- because by then he can be a US citizen and travel freely.

[Lizz & Alvin 2]

Thanks everyone for the advice. So I'm seeing now that going through with the entire K1 process is pretty much useless in the long-run. Getting married in Jamaica and moving there is the easiest and cheapest route. I am just really concerned about getting my daughter citizenship if he is not her biological father. How can this work? When I look on the Embassy of Jamaica site, it shows biological children, spouses, and adopted childeren as options, but it says nothing of step-children! I sent them an email inquiring about that, so hopefully I hear back from them soon.

[Pinkrlion 2,725]

Thanks everyone for the advice. So I'm seeing now that going through with the entire K1 process is pretty much useless in the long-run. Getting married in Jamaica and moving there is the easiest and cheapest route. I am just really concerned about getting my daughter citizenship if he is not her biological father. How can this work? When I look on the Embassy of Jamaica site, it shows biological children, spouses, and adopted childeren as options, but it says nothing of step-children! I sent them an email inquiring about that, so hopefully I hear back from them soon.

As others stated, that if your plan is to move back, immigration is a waste of money that you will need in JA. Let him try for a visitor visa, since he will stay. He can travel up when it is time to sign paperwork and ome back. Look and see if you get dual does your children get dual.

[Lizz & Alvin 2]

Thanks everyone for the advice. After much discussion with my fiance and both our families, continuous research and hitting brick walls, we have decided to go forth with our original plan. We will persue the K1, and make the transition back to Jamaica after getting his 10 year GC. We will be able to work everything out with my daughter in the mean time and hopefully save enought to make the transition back a smooth process.

thanks again!!

[vbtwo 54]

Thanks everyone for the advice. After much discussion with my fiance and both our families, continuous research and hitting brick walls, we have decided to go forth with our original plan. We will persue the K1, and make the transition back to Jamaica after getting his 10 year GC. We will be able to work everything out with my daughter in the mean time and hopefully save enought to make the transition back a smooth process.

thanks again!!

Even after you get the "permanent" GC, there is still a requirement to remain in the US for the majority of the time or you risk losing the GC.

The only way to leave for an extended period of time without seeming to abandon a GC is to first file for a reentry permit while you are still in the US. Then if you are approved you are free to leave for the entire time until the permit expires (2 years maximum).

Without a reentry permit, if you stay out of the US for more than 6 months per year, they might detain you on entry and ask lots of questions as to why you are out of the US for so long. Even if you come into the US every few months for a few days and then leave for a few months again, they might detain you on entry and ask lots of questions. If they do not like the answers they get, they can revoke your GC.

If you stay out of the US for more than a year, you are not allowed to return to the US on a GC without a reentry permit or obtaining a SB-1 Returning Resident Visa from a consulate.

Look at FAQ here:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

Here's a good article regarding this:

http://immigrationworkvisa.wordpress.com/2011/03/22/green-card-holders-who-stay-out-of-u-s-more-than-6-months-at-risk/