A change of heart...and country?

[daniel jay 0]

Hi All,

So, I am leaving on Wednesday on my K1 visa. Once in, I understand I have 90 days in which to get married. Recently our situation has dramatically changed and we are now considering both moving back to the UK. (yes I know, after all this time waiting for the K1!) What options do we have?

We are under the impression we can still marry within the 90 day period, but then we are thinking of flying back to the UK to be with my family just before Christmas (a few weeks before 90 day period is up) & have Dan (USC) come in on a 6 month visa and file for a spousal visa once I get a new job. Will this cause any problems at POE when going back to the UK?

Has anyone had to face this situation before? If so, how did you overcome it?

Could anyone offer any constructive advice to us at this point?

Thank you in advance

[KayDeeCee 4,896]

If you enter with the K-1, marry and wish to move back to the UK without filing for AOS, then you can. POE is Point of Entry, and there will be no problem entering, and you can leave the US whenever you wish. If the two of you ever decide to move back to the US, then you can file an I-130 petition and apply for a spousal visa at that time.

[Hollyday 122]

If you enter with the K-1, marry and wish to move back to the UK without filing for AOS, then you can. POE is Point of Entry, and there will be no problem entering, and you can leave the US whenever you wish. If the two of you ever decide to move back to the US, then you can file an I-130 petition and apply for a spousal visa at that time.

But the foreign spouse wouldn't be allowed to reenter after leaving (having entered on a K-1 and gotten married) if they don't file for AoS, right? So then it will only be the I-130 option for when they want to come back.

[KayDeeCee 4,896]

But the foreign spouse wouldn't be allowed to reenter after leaving (having entered on a K-1 and gotten married) if they don't file for AoS, right? So then it will only be the I-130 option for when they want to come back.

Yes, that is what I said, "If the two of you ever decide to move back to the US, then you can file an I-130 petition and apply for a spousal visa at that time." They do not have to file for AOS to be able to file for a spousal visa later. There is no point in them filing for AOS because they do not plan on living in the US right now. Once they enter and marry, they just need to leave before the 90 days are up on their I-94.

[Hollyday 122]

Yes, that is what I said, "If the two of you ever decide to move back to the US, then you can file an I-130 petition and apply for a spousal visa at that time." They do not have to file for AOS to be able to file for a spousal visa later. There is no point in them filing for AOS because they do not plan on living in the US right now. Once they enter and marry, they just need to leave before the 90 days are up on their I-94.

Exactly, i just wanted to bring it up for the OP's benefit because the reentry part wasn't explicitly mentioned as impossible till I-130 processing.

[SarahandBen 4]

Have you familiarised yourself with the requirements to bring your foreign spouse to the UK? Its got a lot tougher since July 2012 with minimum income requirement for previous 6 months before applying and no option for a co-sponsor etc.. Its harder to bring a spouse to the UK then for him to bring you to the US.