Need K1 visa advice

[larsan22 0]

Hello! 

 

My american fiancée and me have been in a long distance relationship since 2013 and are now at the stage where we are moving together. At first the plan was for me to move from Norway to United States, so we applied for a K1 visa. Everything was going as planned. We went step by step through the k1 visa process. But when we reached the last step, the k1 visa interview, I got a job in Norway which I could not turn down. We asked a lawyer and he recommended to continue with the k1 visa even though we were now moving to Norway, because everything was already paid for. So now I have a k1 visa, I am going to the US for two weeks to marry, and then we intend to abandon the k1 visa and she is coming with me to Norway after we marry in the US. Our plan is still to move to the US later, after a while at my job. So my questions are:

 

Is there anything I could do to keep my k1 visa active without abandoning it?

 

Was thinking of applying for advance parole, but is that possible if I am there for only two weeks and she is coming with me? Can I stay abroad while advance parole is processed?

 

Is it possible to convert k1 visa to a CR1/IR1 visa or put the visa on break?

 

Do we have to start a new visa application? Can we live abroad in Norway while the new application is processing and then move to US when my new visa is approved? 

 

Is it a problem to abandon a k1 visa and then re-apply to a new visa later on? 

 

 Can someone recommend a good us immigration lawyer to ask? 

 

Thanks for any help regarding this!

 

[DrEllaNJ 288]

you are not abandoning your K-1 visa: you are using it to enter the US and to marry your fiancee. After that, people normally file for Adjustment of Status to become a permanent resident. Since you'll be going back to Norway, that doesn't make sense for you.

 

When you're back in Norway and intend to return to the US, your fiancee will have to sponsor you for a CR1/IR1 visa. This means that she should probably maintain US mailing address/drivers license/bank account/voting records etc - look in the guides under CR1/IR1 visa. It is a new visa, but you'll have to spend the money that others spend on AOS (not sure what the cost difference is). If you apply after you've been married for 2 years, you will get a permanent green card upon entry, if less than 2 years it will be conditional so then you'll still have to file for Removal of conditions (ROC). If you ask me, I'd not enter until after the 2-year anniversary to avoid having to go through ROC.

 

I don't know whether this route will present additional difficulties but people change their minds all the time, so you may be able to find someone who did this.

[Unlockable 7,315]

There is no way to convert a K1 to  CR1. Once you enter the US with the K1 it will be deemed used.

 

So basically with your plan you can file for a spousal visa later, say approximately a year before you actually want to move to the US. That way, by the time the spousal visa process is complete (roughly 1 year), you can have it in hand and migrate to the US. Be advised that the US citizen spouse that is living with you outside the US has to reestablish US domicile when applying for spousal visa.

[shayden10 78]

On 3/30/2017 at 2:29 PM, larsan22 said:

Is there anything I could do to keep my k1 visa active without abandoning it?

The K1 Visa allows you to enter the USA for a period of 90 days within 6 months of receiving it. Once you enter and are married, you can decide if you want to leave the country or adjust your status.

 

On 3/30/2017 at 2:29 PM, larsan22 said:

Was thinking of applying for advance parole, but is that possible if I am there for only two weeks and she is coming with me? Can I stay abroad while advance parole is processed?

If you choose to adjust your status from K1 you have the opportunity to also submit form I-131 (advance parole). This will allow you to travel outside the country. It takes about 3-4 months to receive AP after submitting the application. It will not be possible to acquire advance parole within two weeks, if you leave prior to receiving it this is considered abandonment of the adjustment of status application. If your choose to stay until you get the conditional green card and go to Norway to work after getting it, you may be deemed inadmissible when trying to re-enter  (with advance parole or with a green card) because it may appear that you attempted to establish a home elsewhere, especially if you're returning there for work. 

 

On 3/30/2017 at 2:29 PM, larsan22 said:

Is it possible to convert k1 visa to a CR1/IR1 visa or put the visa on break?

 

Do we have to start a new visa application? Can we live abroad in Norway while the new application is processing and then move to US when my new visa is approved? 

 

Is it a problem to abandon a k1 visa and then re-apply to a new visa later on? 

It is not possible to convert a K1 to a CR1 Visa. Once you have entered and left on the K1, it is no longer valid. A K1 allows you to enter as a fiancé, get married, and adjust your status. A CR1 allows you to enter as a spouse and adjust status. Once your receive your K1 it will have an expiration date, if you do not use it prior to that date it will no longer be valid. You can't put it on hold once you have it. 

 

If you choose to go the CR1 route after the K1, your husband will need to be able to prove domicile in the United States. Which includes having a residence, vehicles, bank accounts, and having a job. Sometimes just having a home/vehicle and bank accounts is not enough to prove domicile. Having a job is the best proof. In addition, he will have to sponsor both your CR1 and your AOS, if he is living abroad and hasn't had a job this may affect it. While your Visa is processing, he will be able to visit you and you can visit him, you just need to continue to have ties to your country and he needs to maintain domicile.

 

I am sure people have gone this route before, but I am unsure of any issues it may cause. While it may appear you are still trying to do things the legal way, it may also appear that you are not serious about establishing a home in the US when you entered to marry on a Visa that's purpose is to allow you to adjust your status and you instead chose to leave. I would recommend looking through the forums and the guides to get a better understanding of the K1/CR1/AOS processes, what you should expect, and if anyone else has gone through something similar. 

 

I would seek the advice of a lawyer if you're considering the CR1 after K1 route to determine what the implications may be. However, I never used one during my process nor do I know anyone who has so I am unable to recommend one.

 

I wish you luck on your journey!

[DrEllaNJ 288]

2 hours ago, shayden10 said:

 In addition, he will have to sponsor both your CR1 and your AOS, if he is living abroad and hasn't had a job this may affect it.

actually, if you get a CR1 visa (conditional resident), you won't have to go through AOS.

[shayden10 78]

6 minutes ago, DrEllaNJ said:

actually, if you get a CR1 visa (conditional resident), you won't have to go through AOS.

I wasn't aware, but I still thought the CR1 needed a sponsor. 

I went through the K1 process, I am not an expert on all methods of immigration. I did say at the end of my post that they should read the guides and probably talk to a lawyer.

[Unlockable 7,315]

31 minutes ago, shayden10 said:

I wasn't aware, but I still thought the CR1 needed a sponsor. 

I went through the K1 process, I am not an expert on all methods of immigration. I did say at the end of my post that they should read the guides and probably talk to a lawyer.

I think you are confusing AOS with Affidavit of Support instead of Adjustment of Status.