Fiance Travels for Job

[Tighfield 3]

My sister-in-law's finace travels around the globe for his job. If she is granted a K1 visa, comes to the US, gets married and then he leaves for France due to his job. Will she be okay submitting green card paperwork? His lawyer is saying it's not good. Just wondering if anyone else has been in this situation or knows someone who has. Thanks in advance for any and all advice.

[Georgia16 2,858]

No if she enters on a K-1 visa she will not be able to re-enter with out the EAD or GC and she can’t file for AOS if she leaves. 

 

In in their case a CR-1 visa would be perfect as she is allowed to travel and work right after she enters. She wouldn’t have to do AOS but would get a GC right away. 

[geowrian 22,335]

K-1 is a single entry visa. It is no longer useful upon the first entry.

If she leaves the US without a green card or AP, her pending AOS application will be automatically abandoned.

A CR-1 (spousal visa) is a better fit if she wants to work and travel right away.

[Cyberfx1024 7,978]

35 minutes ago, Tighfield said:

My sister-in-law's finace travels around the globe for his job. If she is granted a K1 visa, comes to the US, gets married and then he leaves for France due to his job. Will she be okay submitting green card paperwork? His lawyer is saying it's not good. Just wondering if anyone else has been in this situation or knows someone who has. Thanks in advance for any and all advice.

The cr1 is the best route here not the K1.

[SalishSea 16,746]

51 minutes ago, Tighfield said:

My sister-in-law's finace travels around the globe for his job. If she is granted a K1 visa, comes to the US, gets married and then he leaves for France due to his job. Will she be okay submitting green card paperwork? His lawyer is saying it's not good. Just wondering if anyone else has been in this situation or knows someone who has. Thanks in advance for any and all advice.

It sounds like the OP is saying that the person traveling to work abroad is the USC, leaving the foreign fiancé/spouse alone in the US after marriage?

 

That is possible, although since she will need to AOS through him, there will be paperwork and documents he will be responsible for.  

 

What is the overall plan though?  Will he be taking short trips for work, or prolonged time apart?  Because he will need to be present at her AOS interview, and living apart in separate countries could lead to a denial based upon a fraudulent marriage.

[Tighfield 3]

6 hours ago, Jorgedig said:

It sounds like the OP is saying that the person traveling to work abroad is the USC, leaving the foreign fiancé/spouse alone in the US after marriage?

 

That is possible, although since she will need to AOS through him, there will be paperwork and documents he will be responsible for.  

 

What is the overall plan though?  Will he be taking short trips for work, or prolonged time apart?  Because he will need to be present at her AOS interview, and living apart in separate countries could lead to a denial based upon a fraudulent marriage.

You are correct. After they marry in the US on a K1 visa, he would need to leave the US for about a year or two. I believe he would still be able to travel back and forth as needed. He is just kind of freaking out that all of this will come crashing down because of his job.

[Ameriaussie 49]

6 hours ago, Tighfield said:

You are correct. After they marry in the US on a K1 visa, he would need to leave the US for about a year or two. I believe he would still be able to travel back and forth as needed. He is just kind of freaking out that all of this will come crashing down because of his job.

She stays behind until she gets the EAD and AP or GC. But again, she cannot be absent from the US for more than 6 mons at once. No need to freak out. They need to maybe spend 3 months out of a year apart in order for her to maintain her US residency. Well, either that or don't file AOS at all. They are together, that's the whole point of going through this process, right?

 

If they are already together, GC can wait.

 

Really can't understand people sometimes. The true intent is slowly coming out. Sigh... while the rest of us are waiting just to have a chance at closing the distance. Sorry i am a B*ITCH today, but it's matter of fact.

 

Edited July 13, 2019 by Ameriaussie

[Lemonslice 4,549]

Why not get married and get her a dependent/spouse visa to the country he'll be living in? Then, apply for a spousal visa to the US when they're ready to live in the US.

[Tighfield 3]

I see what you all are saying about a CR-1 visa and all that. But, they have already filed for a K1 visa. So they kind of have to deal with the situation they have gotten themselves in. This is about my sister-in-law. I love her to death and wish her the best, so I'm just trying to get some ideas. My wife and I had it easy. I appreciate all the insight and advice. Anything to ease her fiance's frustration.

[Lemonslice 4,549]

39 minutes ago, Tighfield said:

I see what you all are saying about a CR-1 visa and all that. But, they have already filed for a K1 visa. So they kind of have to deal with the situation they have gotten themselves in. This is about my sister-in-law. I love her to death and wish her the best, so I'm just trying to get some ideas. My wife and I had it easy. I appreciate all the insight and advice. Anything to ease her fiance's frustration.

They would not be the first couple to change their plans.  Why go further in the wrong direction, and spend more time apart, and more money?  They made a mistake, it happens. 

 

Otherwise, could he work another position, or change employer, and stay in the US?

[Daphne . 1,638]

4 hours ago, Tighfield said:

I see what you all are saying about a CR-1 visa and all that. But, they have already filed for a K1 visa. So they kind of have to deal with the situation they have gotten themselves in. This is about my sister-in-law. I love her to death and wish her the best, so I'm just trying to get some ideas. My wife and I had it easy. I appreciate all the insight and advice. Anything to ease her fiance's frustration.

Well with this new situation, a new path might be needed? Would you be able to show them that?

To me it seems pretty unsettling that the foreign fiancee/wife is in the US with nothing! She won’t be allowed to work or travel so is kind of isolated already, AND is without her husband. How does she feel about this? Is she an independent person that would be okay with this or does she just ‘have to be okay with it’?

[HRQX 4,145]

18 hours ago, Tighfield said:

My sister-in-law's finace travels around the globe for his job. If she is granted a K1 visa, comes to the US, gets married and then he leaves for France due to his job. Will she be okay submitting green card paperwork?

Submitting AOS (I-485, I-864, etc.) would not be recommended. If they are still dead set on marrying in the US with the K-1, has she considered accompanying him after marriage? If so, she should marry and depart the US before the K-1 I-94 expires.

Edited July 13, 2019 by HRQX

[LaBeach 29]

21 hours ago, Tighfield said:

My sister-in-law's finace travels around the globe for his job. If she is granted a K1 visa, comes to the US, gets married and then he leaves for France due to his job. Will she be okay submitting green card paperwork? His lawyer is saying it's not good. Just wondering if anyone else has been in this situation or knows someone who has. Thanks in advance for any and all advice.

If he's going to sign documents and provide the I-864 and come back for the interview, if any, she should be fine.

[Lil bear 3,831]

5 minutes ago, LaBeach said:

If he's going to sign documents and provide the I-864 and come back for the interview, if any, she should be fine.

Not sure about this .. the long periods of separation occurring after getting a visa to marry and reside as a couple in the US seems to be at odds with the visa application purpose. My concern would be the interpretation of this by the IO at the AOS interview ...  especially if the USC absence was heading towards the 2 year mark .. visits back to the US are just that .. visits 

[LaBeach 29]

10 minutes ago, Lil bear said:

Not sure about this .. the long periods of separation occurring after getting a visa to marry and reside as a couple in the US seems to be at odds with the visa application purpose. My concern would be the interpretation of this by the IO at the AOS interview ...  especially if the USC absence was heading towards the 2 year mark .. visits back to the US are just that .. visits 

My brother filed K-1 for his fiance, she came, they married and then his company posted him in the caribbean. She stayed behind to wait for her green card, he came home for the interview. They showed she lived in the house he owns, she is integrated into our family, they communicated everyday and he was home for a few days- to a week every 6 weeks. They asked what their plan was post-green card. She was working by then, they said they would keep the same travel schedule for him but she would know use vacation days to go spend time with him overseas. As long as they show they continuing in their marriage relationship, it's fine.