we are approved question about when we have to go and for how long

[Peter McKenna 0]

We finally got an approval email after 6 months.

Now what? It said something would come on the mail and to follow those instructions

QUESTION

If we got to the States and get married how long do we have to stay because ultimately we want to mostly be in the Dominican Repubic

thanks in advance

Peter

[TBoneTX 43,425]

Your wife-to-be would have to be a U.S. citizen in order to have complete freedom to live elsewhere. An alternative is to abandon the U.S. immigration process at any point along the way.

[Peter McKenna 0]

Thanks for the response . We hoped to go get married and the ncome back to the Dominican Republic

SO we cant do that ?

And if we left after we got married , for example after a month or 2, she couldnt go back?

[KayDeeCee 4,892]

A K-1 visa is for the purpose of getting married in the US within 90 days of entry and then filing for permanent residency(AOS-adjustment of status) to live in the US. It is a one time entry visa. When you file for AOS, you will also file the I-765(EAD-work authorization) and I-131(AP-advance parole for travel). It takes about 60-90 days to receive the EAD/AP combo card, which will allow you to work(along with an SSN) and re-enter the US when traveling abroad while waiting for the green card approval.

If you leave before having AP or the green card first, then your AOS will be abandoned. You would then need to file for a spousal visa if you wish to return to live in the US. Even with a green card, you must spend more time in the US than out of it, in order to maintain your residency.

If you have no intent to live in the US, then why are you filing for a K-1 visa?

[Peter McKenna 0]

Thanks Kaydeecee

I am in the Dominican Republic now. And I want to marry my Domincan girlfriend. She has a daughter. I would like to have the option of living in the States and maybe sending the kid to high school there.

My hope was to go to the States with her , leaving the kid here, get married , meet my family , spend a month or two there and then come back here. And either get ready to go back to live ir visit a couple times a year.

I want to get married. If I marry her here it is hard to get her a visa.

Do you think it would be better to marry her here and then get a spousal visa , or is it too late for that'?

[KayDeeCee 4,892]

But the green card is not a tourist visa and cannot be used like one. See this > http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Going with the K-1, the child could be a K-2 derivative, but that is only if you are going to live in the US. You don't want to live in the US right now, so getting a visa with immigrant intent does not seem to be what you need right now.

The DR has a USCIS field office, which means you can marry there and then use DCF(direct consular filing) to submit I-130 petitions for your wife and stepchild(if you marry when child is under 18), if you are legally residing there. > http://santodomingo.usembassy.gov/uscis_services-e.html

You would only need to file for the immigrant visas when you were ready to live in the US.

Your other option right now is to continue with the K-1, marry in the US, and then leave without filing for AOS within her allotted 90 day stay. Then file for immigrant visas for her and the stepchild later, when ready to live in the US permanently.

[butterflies0124 8]

I suggest going to visit an immigration lawyer. You are in DR so it isn't very expensive to do so. They can explain the different visas, what you can and cannot do with a green card, and advise you of what is best for your situation. They have the most knowledge of what is relevant to those in DR. If you are married there and living there it is actually much easier to get a visa. You could apply for the visa in DR and the process is much shorter. It's called Direct Consular Filing. You can do a search on this site for more details. Also look at the guides and the forums, and the department of state website so you can educate yourself well and make the best decision for you. As someone mentioned, green cards are for those that spend more time in the US than out of it, but being married to a US citizen they are sometimes told they do not qualify for a visa and must instead file for a green card, which is confusing. Like I said earlier, best to visit someone with great experience and ask lots of questions.

[Peter McKenna 0]

thank you all so much ,still confusing stuff, but this is super helpful

Having already applied for the Visa, if Idon't follow it through and get married here will that create problems for me in the future if I apply for a spousal visa?

[KayDeeCee 4,892]

No. If you want to stop the process, then just send a letter to the consulate requesting that the petition be withdrawn.

[Peter McKenna 0]

thanks again guys