Help after getting married

[Jordane17 0]

Ok, so now i can leave usa before my date limit and come back with ESTA visa right? Im not gonna have any trouble with the immigration or anything? I thought i must apply for AOS, if not i wont be able to re enter usa? I just got married and didnt apply for anything right now

[Simonbln 35]

No one can give u a guarantee if u will be admitted... I had an approved i-129f petition which expired.. When i came back to the US afterwards they did not even ask about it and i was admitted twice.

As other said before def leave before the 90 days.

I think you will be fine.

[KayDeeCee 4,891]

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.

If you can enter the US using the VWP with a pending K-1, then why would you not be able to use it after having used a K-1 before? I did a quick search and could not find anything about not being able to use the VWP if you previously entered the US with a K-1 non-immigrant visa.

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

Ok, so now i can leave usa before my date limit and come back with ESTA visa right? Im not gonna have any trouble with the immigration or anything? I thought i must apply for AOS, if not i wont be able to re enter usa? I just got married and didnt apply for anything right now

Yes, definitely leave before your I-94 expiration date. There is no requirement to stay and file for AOS. They told you not to leave the US because leaving without having filed for AOS and getting AP or a green card will abandon your eligibility to AOS from the K-1 visa and stay in the US as a permanent resident. That doesn't matter for you because you are not wanting to stay. If you leave before incurring any overstay, then you can attempt to return to the US via other means later, such as the VWP, tourist visa, or spousal visa.

[JE57 239]

Plans change all the time... You say you want to travel the world. There is no reason you couldn't do that with a green card so long as you spend 6 months or more in the USA. Why not apply for AOS and AP and stay in the USA until you get your AP. Then there is no concern about re-entry with your AP. There is no penalty for abandoning a greencard in the future. So long as you maintain residency in the USA you can keep your green card. Generally that would mean spending more than 6 months of the year in the USA but there is also a lot of traveling you can do in the USA as well that would help you meet that 6 months. In the short term it sounds like your best option may be to apply for AOS with AP and EAD and wait for your AP (maybe about 3 months) before you leave. Later if you leave the USA to live overseas and establish residency overseas with your wife in a 'low fraud' country like France it would in theory be easy to turn in your green card and get a tourist visa or use ESTA again.

[Dutchster 1,106]

I agree here with the last said. Re-enter on your advance parole is going to be easier than re-entering on your VWP/ESTA. Just settle a little down with your now wife for a few months, get your AP - travel. Easy re-enter in the States when you return.

[LionessDeon 2,060]

Why can't you just go ahead and file for AOS, use AP and greencard to travel, then move to France when you want to? You said you don't want to move until next year. Don't you want to stay here with your wife until then?

You can always just surrender your greencard if you leave USA permanently.

[WandY 430]

If you don't want to live in the USA and be part of our county - don't come here. You shouldn't take advantage of our immigration laws for travel purposes. Go travel the world and get married somewhere else.

[mallafri76 1,012]

If you don't want to live in the USA and be part of our county - don't come here. You shouldn't take advantage of our immigration laws for travel purposes. Go travel the world and get married somewhere else.

Some Americans... You do know that America is just a tiny part of a whole big world, filled with different countries and cultures and people, right?!?! And FYI, OP is from a VWP country, which means that if his original intentions were to just get married and then travel the world, he could have just visited the US under the VWP, gotten married and then left. When you're from a VWP country, you don't need a visa to visit or get married in the US, as long as your intentions are to leave within 90 days...

OP, life happens and plans change. You don't need to AOS, just leave within the date stamp in your passport. I spent most of my 20's travelling and living abroad, I highly recommend it. Life's short and there's a whole world out there to explore. And along your travels, maybe you'll come across your perfect place to live. I did on one of my travels and I can't wait to show it to my husband and see if he loves the country and place as much as I do. God speed.

[Harpa Timsah 13,258]

How soon do you want to come back? The day after you leave? I doubt that would work. If your wife going to leave with you?

If you want to stay here a year, then you have to AOS and get your Greencard, then you can give back the card when you want to leave, and when you want to move back again, you can file for a spousal visa.

[Jordane17 0]

I'd like to came back 1 or 2 weeks after i leave. Yes my wife is coming with me. I am thinking about doing a little trip somewhere outside america and then come back on a ESTA visa. I hope it'll work. Ilove America, but i actually dont really want to stay here now, but i have to wait for my wife who is working here for 1 more year, then after we will leave. I just dont really want to deal with us immigration right now, i want to be free to do what i want, go everywhere i want when i want. Also, if in the future we want to move back to usa, i could apply for a spousal visa right? Thanks for your comment mallafri76, unfortunatly i didnt know about the VWP visa. Thats probably the best way we should have done it. I hope everything is gonna be fine if i am leaving now and want to come back in few weeks with a ESTA visa. Thanks y'all

[Harpa Timsah 13,258]

I'd like to came back 1 or 2 weeks after i leave. Yes my wife is coming with me. I am thinking about doing a little trip somewhere outside america and then come back on a ESTA visa. I hope it'll work. Ilove America, but i actually dont really want to stay here now, but i have to wait for my wife who is working here for 1 more year, then after we will leave. I just dont really want to deal with us immigration right now, i want to be free to do what i want, go everywhere i want when i want. Also, if in the future we want to move back to usa, i could apply for a spousal visa right? Thanks for your comment mallafri76, unfortunatly i didnt know about the VWP visa. Thats probably the best way we should have done it. I hope everything is gonna be fine if i am leaving now and want to come back in few weeks with a ESTA visa. Thanks y'all

I don't think that will work. You cannot basically live in the US on an ESTA and come back and forth to reset it. You might not want to deal with immigration but you cannot have perfectly free movement and live in the US without the paperwork.

Do you want to be away from your wife most of this year while she works?

If not you should apply for the greencard and then give it back when you don't want to live here any more. That is the closest to free movement you are going to get.

[Dutchster 1,106]

I thought the chance of being denied entry at the border is bigger when you come back on a VWP. It's a risk you need to take. All I can say is that I find it a little odd after the whole K1 process you went through.

Edited June 12, 2016 by stephadams

[Pitaya 2,576]

~Moved from Fam.-based AOS to Effects of Major Family Changes on Immigration Benefits~

~Inquirer with "post de facto" cold feet about immigration process~

[Jordane17 0]

I know its a bit silly to do this after all the process.. But our plan changed. And i dont know if it worth it to start apply for AOS, wait to get the greencard and few mounths later leave the country, because anyway they gonna take my GC from me. All this process to leave few mounths later.. Is it really worth it? I've been using a ESTA visa the last 2 years. I know, i had to leave and come back every 3 mounths but i never had any probleme, sometimes they were just asking question, if i was working here or not... And if in the future i am finally ready to stop traveling and live in usa, i could apply for a spouse visa?

Someone know whats happen when they take the greencard from you if you are leaving? Can you get it back?

[Usagi_tsukino 89]

Apply for AOS and travel around US half of the time for 3 years, there is a lot to see here as well!