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Rebecca3

Leaving US after marriage

By Rebecca3 in K-1 Fiance(e) Visa Process & Procedures

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Rebecca3 Newbie

Rebecca3   0

Posted
Filed: Other Country: France
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Posted

Will be filling out a K-1 visa for a summer 2015 wedding. My fiancee cannot afford to remain in the U.S. after the wedding and will be leaving for Europe for a year to work. After we marry, I will begin filling out the other forms I-130? so he can return and work in the U.S. Does he need to fill out some kind of travel form because he will leave the U.S. after the wedding? Thank you.

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted (edited)

If you're going the k-1 route he cannot leave the country without his greencard in hand or advanced parole without risk of not being let back in. This could take months. If you are going to go this route id suggest he visit, you marry and he returns home while you file a cr-1

Edited by Transborderwife
JohnR! Grand Master

JohnR!   5,495

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Filed: Country: Monaco
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Posted

If he won't be able to stay in the US after the wedding then I'd say don't bother with the K-1. Get married while he is here on a visa our VWP and wait to file for CR/IR once he is ready to return to the US for good to reside. If you file for K-1 and he leaves after the wedding, you will have to start the process all over again for a CR/IR visa anyway.

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Boiler Grand Master

Boiler   45,638

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Filed: K-1 Visa Country: Wales
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Posted

K1 not needed. VWP is fine.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

MmmBlondie Collaborator

MmmBlondie   8

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

If he leaves after marriage but before AOS it could be seen as abandonment and he may not be be allowed back in the country or at the very least it would take longer. Have him visit on the VWP, get married, let him leave for work and file for a CR-1 spousal visa. They take a bit longer than a K1 so by the time he's done he should have his visa and ready to come back to the US permanently.

Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

I agree with Boiler- if the fiance is just coming for a few weeks for the wedding and meeting the family, it would be easier and cheaper to come on the Visa Waiver Program, get married and leave. That is perfectly legal, as long as he leaves within the 90 days given on that.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

If your fiance is a citizen of France with a French passport, he does not need a tourist visa to visit the USA. He can travel over to visit you and get married (but CANNOT live there or work) for a maximum of 90 days just on his passport, all he needs is ESTA, an electronic form: https://esta.cbp.dhs.gov/esta/

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Adrian-Gloria Enthusiast

Adrian-Gloria   43

Posted
Filed: K-1 Visa Country: Guatemala
 Timeline
Posted

I agree with Boiler- if the fiance is just coming for a few weeks for the wedding and meeting the family, it would be easier and cheaper to come on the Visa Waiver Program, get married and leave. That is perfectly legal, as long as he leaves within the 90 days given on that.

I agree 100% .

2014-05-08 Sent I-129f
2014-05-12 I-129f received
2014-05-15 Received NOA1 email
2014-05-19 Received NOA1 hardcopy
2014-09-10 NOA2 Approved
2014-09-30 Package Left from NVC
2014-10-06 Received by Embassy
2014-10-31 Interview, Approved.
2014-11-03 Picked up visa.
2014-12-25 POE Ft. Lauderdale

2015-01-02 Wedding

---AOS---

2015-01-09 Filed I-485, I-131 and I-765

2015-01-12 AOS package received

2015-01-14 Email received: Case accepted and routed

2015-01-15 Check cashed

2015-01-20 Received NOAs in the mail

2015-02-07 Received Biometrics letter in the mail

2015-02-19 Biometrics Appt in Raleigh office.

2015-03-13 EAD and AP approved

2015-03-19 EAD and AP sent

2015-03-21 Received EAD/AP combo card

2015-03-26 Received 2nd Biometrics appointment for Charlotte office

2015-04-08 2nd Biometrics

2015-06-15 Received NPIW dated 06-11

2015-08-01 Green Card Approved

2015-08-03 Welcome Letter Mailed

2015-08-07 Welcome Letter Received

2015-08-22 Card Mailed

2015-08-26 Card Received

2015-11-20 Enlisted in the USMC

2016-02-16 Shipping date to bootcamp

baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

Will be filling out a K-1 visa for a summer 2015 wedding. My fiancee cannot afford to remain in the U.S. after the wedding and will be leaving for Europe for a year to work.

Then the K-1 is not for you. The beneficiary needs to maintain a presence within the US and leaving after the wedding doesn't cut it.

Come over on VWP, get married and they leave within the prescribed time.

After we marry, I will begin filling out the other forms I-130? so he can return and work in the U.S.

That's the CR-1 Spousal Visa. Read those Guides.

Does he need to fill out some kind of travel form because he will leave the U.S. after the wedding?

No, nothing ever needed to leave.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

 
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