Jump to content

Question about Adjustment of Status/DCF


6 posts in this topic

Recommended Posts

Filed: Timeline

My fiancee and I are about to submit the K1, but our situation is a bit unique. I'm an American citizen, but I'm doing my PhD in the UK at the moment, which has made things a bit odd in applying. In any case, we plan on getting married in the US, but then leaving within a few days to attend a reception for her family and friends in Singapore and then back to the UK for the last year of my PhD. So my question is this: do we just not apply for adjustment of status after we get married and head out? Are you allowed to not apply for AOS? Or is direct consular filing a better option if we'll be living in the UK for a year or so after the wedding? I appreciate any help.

Link to comment
Share on other sites

Filed: Timeline

Can't your fiancee travel to the US (using tourist visa), and then you two can get married. After that, leave the US for the reception and continue your PhD program. When you two are ready to settle in the US, file the paperwork for the spousal visa/DCF. It's a lot quicker and financially makes more sense, unless I am missing something.

Edited by Umka36
Link to comment
Share on other sites

The K-1 visa is specifically designed for couples who want to get married in the US and then stay in the US. If you don't adjust status, and then leave, you will have to begin from scratch with DCF (if available) or take the I-130/CR-1 visa route.

If you plan to get married in the US, and then leave, the only appropriate visa for her is a B-2 tourist visa, or, if she qualifies she can travel visa-free under the visa waiver program (if she's a UK or Singaporean citizen with no criminal or negative immigration history, she won't need a visa). If she is not a citizen of the UK or Singapore, you can check this list for all VWP countries: https://help.cbp.gov/app/answers/detail/a_id/1550/session/L2F2LzEvdGltZS8xMzg0ODE3MTIxL3NpZC9GcG9WeUhGbA%3D%3D

Fill out the Electronic System of Travel Authorization (ESTA) here: https://esta.cbp.dhs.gov/esta/

It costs $14, it's instant, and she can use it to enter for the next two years, up to 90 days at a time.

Edited by Yang-Ja
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Portugal

Entering the US on a K1 visa to get married, then leaving after a few days is not a good choice because she won't be able to re-enter the US without a spousal visa. I agree with what others have suggested, to enter on a tourist visa/ESTA, marry, then apply later for a spousal visa.

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 


The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview


The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony




Link to comment
Share on other sites

You'd probably do best to file DCF when you're ready to move back to the USA. Filing the I-129f for K1 for the purposes of marrying and then leaving the USA immediately after would be a waste of time (since the K1 is good for one entry only, and AoS has to be done or you have to start over). You can marry in the USA as a tourist, so long as you intend to go home again after.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived


* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico

The K-1 is not right for your situation since you are not planning to stay in the US after you marry there.

~ Moved from K-1 Process to What Visa Do I Need? - OP still deciding on which immigration route is best for them ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...