Moving back out of America before AOS completes. Consequences?

[mushroomspore 3,043]

2 hours ago, RevGreen said:

Thanks.

 

I am well aware that leaving cancels the process. I'm simply wondering if anyone has experience in getting a tourist visa AFTER surrendering PR or similar.

Unfortunately I would not count on your wife getting a tourist visa ever, but there is never any harm in trying. It's VERY difficult for women from Thailand and surrounding areas to get them, especially if they have American significant others. I would suggest waiting YEARS before ever attempting.

[RevGreen 86]

12 minutes ago, mushroomspore said:

Unfortunately I would not count on your wife getting a tourist visa ever, but there is never any harm in trying. It's VERY difficult for women from Thailand and surrounding areas to get them, especially if they have American significant others. I would suggest waiting YEARS before ever attempting.

What's required is strong ties to the home country... we are about to close on a house + property in Thailand. Plus the car we will be purchasing. Plus the jobs we will have. I understand what you're saying, but I think you could be overstating a bit. But this isn't really the forum for that debate.

 

1 hour ago, Going through said:

 

In fairness to the OP.....rereading the thread, it is more clear that the "she has no intent to live here" part was in reference on how to prove that to POE (if intent is perceived to stay and adjust status) at a later date when returning to the US for tourism purposes.  Not in reference to having "no intent" when K1 and AOS was previously filed for:

 

OP is basically saying their lawyer advised that surrendering/withdrawing the AOS is a way of (hopefully) showing no intent to stay and adjust status when crossing in the future as a tourist, if intent is brought into question at POE.

 

OP, keep in mind that entry is only guaranteed to US citizens---with a US spouse, and having had immigrant intent before, expect some level of scrutiny at the border for your foreign spouse.

Good info. Thank you for this.

[geowrian 22,335]

19 minutes ago, RevGreen said:

What's required is strong ties to the home country... we are about to close on a house + property in Thailand. Plus the car we will be purchasing. Plus the jobs we will have. I understand what you're saying, but I think you could be overstating a bit.

Thailand has a 20% refusal rate for tourist visas as of last year. This may not sound too high, but it is on the higher side of things (very similar to the Philippines and such). Strong ties will be needed.

 

The property is good, but certainly doesn't guarantee anything...one an always sell that after coming to the US.

The car is very likely not considered a tie at all.

Employment is good, although this also depends on the nature of the work and such. Some jobs are easier to leave than others. How long one has been working there is also a factor.

 

That said, there are many, many people with stable jobs and a house that are denied a tourist visa due to 214b (immigrant intent). Having a USC spouse and previous AOS application are negative factors regarding immigrant intent.

 

But only way to know is when you are ready to apply.

[merc0230 28]

While not Thailand, but while I was living (with residency) and a home, a car in Costa Rica (lower refusal rate) my wife (I'm the USC) got refused a B2.

I think you'll find it difficult to get a visitor visa, not impossible but difficult.

[Crazy Cat 39,249]

6 hours ago, RevGreen said:

Our lawyer had explained that having surrendered PR would be favorable in the future, as she already demonstrated that despite a clear path to PR and a Green Card, she has no intent on actually living in America.

I disagree.  Her having earlier applied for PR in the US shows undeniable previous intent to immigrate......but just my opinion.....which means nothing........only the CO can make that call....good luck.

Edited January 7, 2019 by missileman

[Going through 5,668]

Probably better to apply for a tourist visa after she's well established in her new employment/housing conditions.  

 

One thing about any strong ties to her home country she would be presenting when applying for a tourist visa:

 

Thinking from the consulate's view---those were/are the exact same ties she freely gave up when she was granted the previous K1 visa (job, home, car etc). 

The dilemma she now faces now is having a CO presume she would easily give up those ties again if granted a tourist visa, and adjust status from within the US when travelling back across the border with a USC spouse.

 

[mushroomspore 3,043]

3 hours ago, RevGreen said:

What's required is strong ties to the home country... we are about to close on a house + property in Thailand. Plus the car we will be purchasing. Plus the jobs we will have. I understand what you're saying, but I think you could be overstating a bit. But this isn't really the forum for that debate.

 

Good info. Thank you for this.

Lots of people apply with those same ties and that's WITHOUT an American significant other and WITHOUT any previous immigrant intent and guess what? They still get denied. Granted, people don't tend to come on this website to announce success stories. So I admit my perspective may be skewed. Even still, you've got two major factors against you so it'd be prudent to keep that in mind.

[Tilia 75]

Yes, you can obtain a visa. I know someone who moved back to their home country with their spouse, and did get a visa to attend a family event in the US. 

[JE57 239]

We did almost the exact same thing.   We got the K-1, and then relocated temporarily to the USA and got married while in the 90 days.   Before the 90 days expired we had the opportunity to return to Hong Kong..   My wife with a Philippine passport had previously been denied a tourist visa for immigrant intent.  After 3 months back in Hong Kong she went for a tourist visa Interview and was quickly and easily granted the visa.  Seems that my Residency in Hong Kong with full local employment became her strong tie and her previously going thru the process and giving it up apparently was sufficient to convince the officer of non-immigrant intent.   I have no idea if we resided in the Philippines or Thailand and done the interview there if it would have made a difference.... However,  in my opinion she has a strong chance of gaining a tourist visa if you have valid residency and strong reason to remain in Thailand

- 

[RevGreen 86]

Well I suppose it's a good thing neither of us have any interest in being in America. I suppose I'll just plan on my family coming to visit us instead of vice versa

[Paul & Mallory 1,398]

WOW. So many people concerned with the OP's life choices. Life happens. Life CHANGES. My husband and I would be happy living in the states, OR in Sweden - we picked the states for various reasons. But us settling down here never ruled out Sweden completely, and I would never pass up any better opportunities that may arise for either, or both, of us down the road that would lead us to Sweden. Doesn't mean we never wanted to live in America or regret our decision to do so now. I highly doubt there's anyone who would spend the time - and money, most importantly - to settle down in the US unless that was the best option for them AT THAT TIME. Geez Louise.

 

OP - I echo what others have already said. It's definitely not impossible to be able to return to visit, for your wife, but COULD pose as difficult. Regardless of past situations, I think the bottom line, for any visitor visa, is being able to support and prove ties to the foreign country. So, property in her name, a solid job, etc. Reasons for her to return, and reasons negating possible intent to immigration at the time of visiting. PAST intent of immigrating (that was willingly forfeited with good reason) wouldn't necessarily be a negative deciding factor, in my opinion, so long as other required criteria to balance it out is met.

 

Good luck to you and your wife on your new adventure and careers! Safe travels.

[Nitas_man 3,100]

On 1/7/2019 at 9:17 AM, RevGreen said:

We've been waiting 150 days for my wife's AP / EAD. Unfortunately we can't wait any longer. My wife and I have both received job opportunities back in Thailand that we can't refuse. So - I understand that if we leave it will make the whole process void. Will that have any repercussion on her getting a tourist visa later on when we want to come visit my family? What if we wait for the AP, but not for the AOS interview. Will that be a better "look" for her in the future?

The tourist visa application is stand-alone based on your circumstances at the time of application.

My experience, and we lived overseas for 7 years after K3/AOS, is that your attorney is correct.  I did not see that non-USC spouses had any difficulty getting tourist visas for trips back to the US with their spouse nor was being married to a USC who was working and living overseas seen as a hurdle.  In fact ties to the USC’s job and home there seemed to be considered strong.

I knew many, many American expats and I never saw one non-USC spouse turned down.

I also had no difficulty myself when we re-filed a new petition to return back to the US when / if you get to that point.  Good luck!

 

Edited January 8, 2019 by Nitas_man