Help after getting married

[Jordane17 0]

My wife (us citizen) and I (french citizen) just got married last week on a k1 visa.

Now we have to start the AOS application. The thing is, we reallized that we dont want to live in usa forever. We actually want to move to france next year. Im wondering if im gonna have any trouble to live usa during my OAS proceding. We would like to know if its the only option for me (AOS). We start to think that this k1 visa was not the best idea we have. We love each other and we want to travel the wrold together. Is there any way to canceled the appilcation? But i dont want to have any trouble to re enter the country with a different visa, tourist for exemple. Her family live in us. It is verry complicated to take a desicion right now, i dont want to be denied to come back to usa, but i dont want to live here either. Please help. Thanks

[EM_Vandaveer 2,364]

If you can bear to live here for 3 years after you get your GC, you'll be able to apply for citizenship. Once you'll be a USC you can come and go whenever you'd like.

Edited June 12, 2016 by EM_Vandaveer

[Jordane17 0]

We have plan for the next years. We are young and want to travel. I wish we would have done this in few years. I just would like to know what is my different option now? And if i will be denied to entrr usa if i dont apply for the AOS? Thanks for your answer

[3rd 84]

If you overstay your I-94 then you face a problem re-entering the states without a tourist visa. It would be best to stay until you can naturalise, but it sounds like that won't be an option for you.

[Jordane17 0]

If you overstay your I-94 then you face a problem re-entering the states without a tourist visa. It would be best to stay until you can naturalise, but it sounds like that won't be an option for you.

Edited June 12, 2016 by Jordane17

[Jordane17 0]

My date limit is until 19 of jun. If i leave usa now, after getting married, what will be the consequence? Will i be able to apply for a tourist visa?

[p-ana 933]

Having an American wife shows strong ties to the us. It will be harder to apply for and get a tourist visa. And even if you get one, entering will probably prove to be hard as well, especially because you have a plan of traveling the world, meaning you won't have ties to anywhere.

Edited June 12, 2016 by p-ana

[Jordane17 0]

I know we made a mistake.. We should have done this in the future. But is there any way to fix this probleme?

[arken 4,197]

What mistake? Marriage? The only effect of not filing for AOS is you don't get the GC which you don't want anyway.

As long as you don't overstay, I don't see any problem to look for a fix. Once you are married to a USC (now or in future), your future travel to US in non immigrant category will be impacted by your marriage with your wife not by your decision of not filing for AOS.

Edited June 12, 2016 by arken

[Jordane17 0]

This is a verry interesting answer, thanks. Does that mean i should leave usa before my k1 date limit (jun 19)? And i will be able to come back on a tourist visa? So i dont must apply for AOS? I thought i had no other option. Can o have more information please.

[arken 4,197]

Simply saying not filing for AOS will have no negative effect for your future non immigrant visas. However, your approval of tourist visa will be affected by your marriage and you have the burden to show enough ties to the country. If the CO believes your will not return back from US after having a USC wife, he might not grant you a visa. At the same time, if you show enough ties to your country and also layout your plan of not living in the US with the fact that you didn't apply for AOS, may be you would be granted a visa. It depends how the CO considers you case.

[KayDeeCee 4,891]

You do not have to apply for AOS if you are not wanting a green card, or planning on living here. You are free to leave, and should do so before your I-94 expires. Your profile shows France. Can you not enter the US using the VWP/ESTA? Is there a reason you need to apply for a tourist visa?

If you decide later that you want to live in the US, then you can file for a spousal visa.

[3rd 84]

You do not have to apply for AOS if you are not wanting a green card, or planning on living here. You are free to leave, and should do so before your I-94 expires. Your profile shows France. Can you not enter the US using the VWP/ESTA? Is there a reason you need to apply for a tourist visa?

If you decide later that you want to live in the US, then you can file for a spousal visa.

I'm a little unsure on whether the VWP can be used after a K-1. It's something I've always wondered, but not really found much information pertaining to it. If not, then a B2 visa would be the next step but it's always difficult to obtain in VWP countries so massive ties to the country you apply from are going to be necessary.

[Jordane17 0]

Sorry, i meant ESTA visa and no tourist. I am from france and i can get an ESTA visa. But i was scared to leave usa and never be able to come back. So the best for me would be to leave before my date limit and apply for an ESTA visa right? But the immigration told me when i enter usa with my k1 visa that i couldnt leave the country before the date limit, im a little confuse. Thanks for all your help, thats amazing

Sorry, i meant ESTA visa and no tourist. I am from france and i can get an ESTA visa. But i was scared to leave usa and never be able to come back. So the best for me would be to leave before my date limit and apply for an ESTA visa right? But the immigration told me when i enter usa with my k1 visa that i couldnt leave the country before the date limit, im a little confuse. Thanks for all your help, thats amazing

[3rd 84]

That would apply if you were going to file for AOS, as you couldn't leave the country unless you had either Advance Parole or a Green Card.

However, I'm fuzzy on whether you can use the VWP after having a K-1 visa, which is why I'm hoping someone can clarify. If you overstay VWP is definitely off the table though.