K1 was approved but fiance may be assigned to work on a project out of US soon

[boogerhead 0]

My K1 was just approved and I think I must enter into US before July. I'm planning to move to US in Jun at latest. However, my fiance may be assigned to a project working in EU for a few months (can't know how long, project is always delayed to deliver, let's say 6 months for now).

So we are in a very tricky situation. What if the project can't be finished before my K1 visa expire. I know I must go there before the deadline, then I may have to be alone while waiting for green card or AP.

I want to ask what we can do regarding to this possible situation. Thanks.

[lost_at_sea 995]

When are you expecting that your fiancé may need to move abroad? I assume he is anticipating that it is temporary, and therefore not giving up his home in the USA.

You need to have used the visa before the date it expires (i.e. entered the USA) and then marry within 90 days of that entry in the USA - your partner will need to be able to do that. You might do best to plan to move over to the USA, marry and file AOS before he needs to go for his work assignment.

[boogerhead 0]

When are you expecting that your fiancé may need to move abroad? I assume he is anticipating that it is temporary, and therefore not giving up his home in the USA.

You need to have used the visa before the date it expires (i.e. entered the USA) and then marry within 90 days of that entry in the USA - your partner will need to be able to do that. You might do best to plan to move over to the USA, marry and file AOS before he needs to go for his work assignment.

Yes, it's temporary, not permanent relocation. The problem is that he will most likely move to work abroad soon, in 1-2 months, before I move there. That's why I have concern what if he can't finish the project and move back by the time I must enter in USA. Even if he comes back to USA so that we get married to ensure we use the K1 visa, however he still will need go back to finish the project,meanwhile I must stay in USA alone.

Edited January 30, 2014 by boogerhead

[lost_at_sea 995]

Yes, it's temporary, not permanent relocation. The problem is that he will most likely move to work abroad soon, in 1-2 months, before I move there. That's why I have concern what if he can't finish the project and move back by the time I must enter in USA. Even if he comes back to USA so that we get married to ensure we use the K1 visa, however he still will need go back to finish the project,meanwhile I must stay in USA alone.

Right. So, you seem to understand the situation. You need to use the visa before it expires and marry in the 90 days. There aren't really alternatives. If he can't marry you in the 90 days, you'll have to go back home. If you can't use the visa before it expires, you'll have to apply for a new one. You could just move ASAP before he has to go abroad in 1 - 2 months, marry, get AOS underway and await his return.

[SteveKarlaMayer 21]

You guys should be okay. If you move to USA and then he'll be gone to work for 1-2 months, then you still have extra 30 days to get married. Same situation happened to me. When I moved here last July, my husband had to go to Europe for his tour, what we did when he came back was processed our marriage right away. But we did applied for a marriage license before he flew to Europe so by the time he returned, everything was set already.

God bless and best of luck!

[baron555 934]

My K1 was just approved and I think I must enter into US before July. I'm planning to move to US in Jun at latest. However, my fiance may be assigned to a project working in EU for a few months (can't know how long, project is always delayed to deliver, let's say 6 months for now).

So we are in a very tricky situation. What if the project can't be finished before my K1 visa expire. I know I must go there before the deadline, then I may have to be alone while waiting for green card or AP.

I want to ask what we can do regarding to this possible situation. Thanks.

Then you'll need to be self sufficient living in the US while they are away.....unless you were planning to accompany him to his work site. Then I would suggest you abandon the K-1 and wait to accompany him....you could get married there and then file for a CR-1 visa.

[Darnell 8,480]

I say map out your options based on calendar projections/forecasting.

Non-variables for you:

1. visa expiration date - that is the last date you must enter the USA

2. 90 days to get married in USA

3. cannot leave USA till AP or greencard in hand, so must file AOS soonish. AP/EAD usually granted 90 days after the big AOS set is filed.