Can K1 visa holder (just married) leave the US permanently before AOS?

[hrussell23 0]

My wife is a K1 visa holder and arrived in the US 30 days ago. We have since been married but we may soon both need to leave the US permanently due to my job situation. She has NOT yet filed for AOS.

Are there any repercussions from leaving the US without filing for AOS? Will she be able to come back into the US as a tourist in the future? Our wedding reception (not legal wedding) will be in the US in Sept and she will need to come back here for a couple weeks then. Hopefully leaving now before AOS/Green Card and giving up on it doesn't impact anything? What about the impact to any future (IR1/CR1) spouse visa applications, should we return permanently to the US?

Thank you!!

[Pitaya 2,577]

Sure, she can leave, getting back into the US maybe a different matter altogether. If your newly married spouse does not adjust status and leaves the US, USCIS will likely consider that she has abandoned her current immigration status and she will likely have to file for another visa. Since she is now married, she will have to file for a spouse visa. Since she has already shown immigration intent with the use of the K!, USCIS may scrutinize any subsequent visa applications. The circumstances and your explanation of this sudden change of events will likely have a bearing on her future visa eligibility.

Hopefully other members will post their opinions.

Good luck on your immigration journey.

Edited January 25, 2016 by Pitaya

[Fox1983 5]

I would recommend to file for the AOS and apply for the advance parole/ re entry permit , if you are lucky she will get her green card and or the advance parole before she leaves the US, that way she won't have any issues getting back to the US and as the other guy said, if she leaves now she will need to apply for a spouse visa in her home country and wait until she gets approve.

[Dashinka 24,598]

I would recommend to file for the AOS and apply for the advance parole/ re entry permit , if you are lucky she will get her green card and or the advance parole before she leaves the US, that way she won't have any issues getting back to the US and as the other guy said, if she leaves now she will need to apply for a spouse visa in her home country and wait until she gets approve.

The only issue with this route is that the AP or GC does not allow you re-entry after an indefinite period of time greater than a year. The OP inferred that the period outside the US could be fairly long. If you get a AP/GC and then leave the US as a residence for a long period, these will be most likely considered abandoned which would cause problems when trying to use them for re-entry I think the only option would be to file for a spousal visa if the OPs work brings them back to the US, however I am not an expert on any other options.

Good Luck!

[hrussell23 0]

The only issue with this route is that the AP or GC does not allow you re-entry after an indefinite period of time greater than a year. The OP inferred that the period outside the US could be fairly long. If you get a AP/GC and then leave the US as a residence for a long period, these will be most likely considered abandoned which would cause problems when trying to use them for re-entry I think the only option would be to file for a spousal visa if the OPs work brings them back to the US, however I am not an expert on any other options.

Good Luck!

Hi all - thank you for the responses.

However, as Bill & Katya mentioned, this will be a permanent move outside the US. The only time the K1 beneficiary (my wife) would travel back to the US is for vacations (2-3 weeks at a time max). I understand it is not recommended to hold a green card if you are not resident in the US and do not indent to return permanently. Not to mention the tax implications of doing that...

We would ideally like to avoid paying the AOS and all other associated fees and so on to get AOS which she would not use. IF, in the future we did move back to the US permanently we would have to file for a spouse visa.

Please let me know your thoughts and if you have any other advice!

Thank you.

[Transborderwife 4,666]

That would be the correct route. Do not aos if you're not intending to stay as a resident.

[Dashinka 24,598]

I agree with TBW, don't file the AOS in your situation. If you end up coming back to the US in the future, I think you can use the Direct Counselor route to get her back. As to visiting, you can try applying for a visitor visa, but I don't know if it would be approved.

Good Luck!