Question about K-1 visa: living abroad after marriage

[tnargnolso 0]

Hello,

My fiance and I are filing for a K-1 visa. We received the NOA2 recently and she will be undergoing her interview at the US consulate in Tokyo soon. Originally, we thought it was likely that we would live in the US after getting married, but recently it seems more likely that we will be living abroad for the next few years.

This presents an issue for us because 1) it looks unlikely that we will be able to stay in the US long enough to get an Adjustment of Status, and 2) if she got her greencard, it looks like she would have to retain residence in the US and be there regularly.

I am concerned because I don't want there to be problems down the road for her getting US residency, if we decide to live there. At this point, I think it is still fine to carry through with the K-1 visa & get married in the US, but it looks like we may have to file for a CR-1 visa later if she wants to come back to the US if she leaves before the Adjustment of Status is approved.

Does anyone have suggestions or advice for our situation? I would be grateful for any help.

Thank you!

[KayDeeCee 4,893]

You could go ahead and cancel the I-129F petition and skip the K-1 visa. It is not needed. You are not going to stay and live in the US, so why go through the medical, K-1 interview and pay the visa processing fee if you don't actually need it? You can marry in Japan or the US without a K-1 being needed. Then, when you are ready to live in the US, file for a spousal visa at that time.

Edited November 24, 2013 by Jay-Kay

[lost_at_sea 995]

Yeah, agree with Jay-Kay - as if wedding's weren't expensive enough without also paying for all that unnecessary stuff (medical, visa fee etc.). Chalk the $420 up as a loss, and save the rest of the money for something nicer.

[tnargnolso 0]

Hello there,

Thank you both for your replies. Very helpful.

I just want to make sure that canceling the K-1 visa won't make my fiancee ineligible for a greencard in the future, especially if we got married in the US (but reside in Canada) with her on a visitor visa.

If we decide to get our marriage license in the US, do you think that it is best to be up front with immigration and tell them that you want to get married in the US but will be returning to Canada? Or is it better to not say anything about getting married?

Thanks again for your suggestions!

[lost_at_sea 995]

Hello there,

Thank you both for your replies. Very helpful.

I just want to make sure that canceling the K-1 visa won't make my fiancee ineligible for a greencard in the future, especially if we got married in the US (but reside in Canada) with her on a visitor visa.

If we decide to get our marriage license in the US, do you think that it is best to be up front with immigration and tell them that you want to get married in the US but will be returning to Canada? Or is it better to not say anything about getting married?

Thanks again for your suggestions!

No - cancelling the process you're on shouldn't have any negative impact on her future petition/visa application and eventual citizenship (if you go for that).

If they ask why you're visiting, you should always tell the truth. You don't need to volunteer information that isn't being asked for. That said, it would be wise to travel with some documentation that shows that you live abroad and are returning home after the wedding etc.