Question about Adjustment of Status/DCF

[oxfordkentuckian 0]

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.

[Umka36 781]

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 November 18, 2013 by Umka36

[JayJayH 546]

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 November 18, 2013 by Yang-Ja

[SparklePony 238]

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.

[lost_at_sea 995]

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.

[KayDeeCee 4,893]

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 ~