Leaving the US after getting married on a K1

[J8842 1]

Hi folks,

 

So I will just get right in to it. For the last three years I've lived overseas in Israel due to my career. I started dating my current girlfriend (Israeli) 2 years ago. Fast forward to the present and we are looking to get married and start planning a future together which would eventually lead to us being back in the states. What I am reading about the K1 visa is that it's not advised to get married in the states and then leave. I plan to stay in Israel longer, potentially multiple more years, but there's a good chance that we may want to go to the states depending upon career choices/opportunities, etc. so it depends. Basically I could stay overseas 10 more years or go back to the states in a matter of months, it's just conditional. 

 

Is it possible to apply for a greencard/residency if we left the states basically right after getting married and may not plan on coming back for potentially a few years? I would like to avoid having to go the K3 route if we were to return to Israel, simply because it's basically doing the K1 all over again, but want her to have the option of going back to the states with me whenever. A tourist visa may be an option then do the K3 after, but I tend to prefer avoiding risks of an immigration officer thinking it's fraud even though we have good reason to go back to Israel. Has anyone out there been in a similar situation or have an optimal route to take in such a situation? Much appreciated.

Edited September 13, 2017 by J8842

[NigeriaorBust 4,087]

  Are you working for the US government or ???    Usually people just marry where they are and apply for residency when they are ready to relocate.  It is senseless to get a green card and abandon it days later ( not to mention expensive ) 

[Dashinka 24,598]

You have to decide where the two of you will be in the next few years.  It is really pointless as you alluded to, to apply for a K1, come to the US and get married only to leave shortly after for an extended period of time.  If you plan to stay overseas, then get married, and about 1-2 years before you plan to move back to the US file for a CR1/IR1 visa.  If you want to get married in the US and leave immediately, use a visitor visa which is perfectly legal (you cannot do this if the plan is to stay and immigrate).

 

Good Luck!

[J8842 1]

11 minutes ago, NigeriaorBust said:

  Are you working for the US government or ???    Usually people just marry where they are and apply for residency when they are ready to relocate.  It is senseless to get a green card and abandon it days later ( not to mention expensive ) 

I'm a DoD contractor, so sort of working for the government.

 

11 minutes ago, Bill & Katya said:

You have to decide where the two of you will be in the next few years.  It is really pointless as you alluded to, to apply for a K1, come to the US and get married only to leave shortly after for an extended period of time.  If you plan to stay overseas, then get married, and about 1-2 years before you plan to move back to the US file for a CR1/IR1 visa.  If you want to get married in the US and leave immediately, use a visitor visa which is perfectly legal (you cannot do this if the plan is to stay and immigrate).

 

Good Luck!

 

Thank you for the advice. I am leaning more towards the tourist visa option as you mentioned. It seems like the most logical and smoothest route to take.

[Dashinka 24,598]

13 minutes ago, J8842 said:

I'm a DoD contractor, so sort of working for the government.

 

 

Thank you for the advice. I am leaning more towards the tourist visa option as you mentioned. It seems like the most logical and smoothest route to take.

Just make sure your fiancé has solid evidence that the plan is not to immigrate.

 

Good Luck!

[Coco8 1,042]

No need for a visa. Just get married and apply for a spousal visa when you are ready to relocate to the U.S. Take into account that the process takes 12-14 months at the moment, so you'll have to do it well in advance. 

[Lenchick 133]

1 hour ago, J8842 said:

I'm a DoD contractor, so sort of working for the government.

 

 

Thank you for the advice. I am leaning more towards the tourist visa option as you mentioned. It seems like the most logical and smoothest route to take.

You can get married overseas and then file for a spouse visa overseas. You will have to cross the border for her to become a resident. As long as she is in your gov orders her residency will be preserved even if you both live overseas. She will be entitled to get naturalized straight after she will become a resident. Will have to go to the states for the interview. If you need more details I'll explain 

Edited September 13, 2017 by Lenchick

[Villanelle 4,122]

3 minutes ago, Lenchick said:

You can get married overseas and then file for a spouse visa overseas. You will have to cross the border for her to become a resident. As long as she is in your gov orders her residency will be preserved. She will be entitled to get naturalized straight after she will become a resident. 

A DOD contractor typically isnt employed by the government so the above does not apply. They are independent contractors with contracts with the government. Not government employees.

[Lenchick 133]

1 hour ago, Coco8 said:

No need for a visa. Just get married and apply for a spousal visa when you are ready to relocate to the U.S. Take into account that the process takes 12-14 months at the moment, so you'll have to do it well in advance. 

Not true for the people who work overseas for US gov. It's possible to do that from overseas. It takes around 6 months 

 

2 hours ago, J8842 said:

 

[Lenchick 133]

13 minutes ago, Damara said:

A DOD contractor typically isnt employed by the government so the above does not apply. They are independent contractors with contracts with the government. Not government employees.

Yes it's the same . Go and read the law. 

[Villanelle 4,122]

3 minutes ago, Lenchick said:

Yes it's the same . Go and read the law. 

Qualifying Employment Abroad
Qualifying employment abroad means to be under employment contract or orders and to assume the duties of employment in any of following entities or positions: [12] 
•Government of the United States (including the U.S. armed forces);
•American institution of research recognized as such by the Attorney General; [13] 
•American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof;
•Public international organization in which the United States participates by treaty or statute; [14] 
•Authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or
•Engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States. 

 

Which one does it fall under? Maybe Im dense but I dont see it. I guess if he had an employment contract but its my understanding they are not technically employment contracts but general contracts. I could be wrong. Im not in DOD contracting. 

[Lenchick 133]

5 minutes ago, Damara said:

Qualifying Employment Abroad
Qualifying employment abroad means to be under employment contract or orders and to assume the duties of employment in any of following entities or positions: [12] 
•Government of the United States (including the U.S. armed forces);
•American institution of research recognized as such by the Attorney General; [13] 
•American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof;
•Public international organization in which the United States participates by treaty or statute; [14] 
•Authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or
•Engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States. 

 

Which one does it fall under? Maybe Im dense but I dont see it. I guess if he had an employment contract but its my understanding they are not technically employment contracts but general contracts. I could be wrong. Im not in DOD contracting. 

Qualifying Employment Abroad
Qualifying employment abroad means to be UNDER EMPLOYMENT CONTRACT or orders and to assume the duties of employment in any of following entities or positions: [12] 

 

TO THE US GOVERNEMENT

 

those are usually called DOD contractors, because they work for DOD under contract and DOD is a part of US gov 

[Villanelle 4,122]

I suppose if he has a DOD ID then they qualify for expedited naturalization. Hopefully he posts back. Because that would give them the option to do the K or CR, stay for a short bit and leave a citizen. 

[Lenchick 133]

33 minutes ago, Damara said:

I suppose if he has a DOD ID then they qualify for expedited naturalization. Hopefully he posts back. Because that would give them the option to do the K or CR, stay for a short bit and leave a citizen. 

If he is a DOD contractor he doesn't need K1. Its unnecessary move. It's better to get married and file for a spouse visa and then get naturalized before the window for ROC gets open. Here are some experience from DOD contractors 

 

 

[Villanelle 4,122]

He has the choice of which type to use. I would think it depends on where/when he wants to get married.