What happens with K1 visa if husband gets stationed in Europe?

[MalinB 51]

My fiancé and I just sent in the paperwork for a K1 visa this summer, then he deployed to Afghanistan. He is a civilian working for the Navy so his deployment is by choice. His dream has always been to work (on a base) in Europe, but apparently it’s not easy to “get a foot in” unless you have good contacts. Well, now he does. One of his superiors there has been working in Germany for many years and has more or less promised him a job in Germany when his time in Afghanistan is up. I am just wondering, would that mean we would have to abandon the K1?

 

It wouldn’t be a big deal since I’m Swedish and I can move to and work in Germany based on my status as a EU citizen, but even if he’s “promised” a job, it’s not a certainty until it’s a done deal and he’s moved there. So, I don’t want to abandon the K1 already, but at the same time I don’t want to waste all the money associated with it if he then does get a job in Germany and I would have to give it up. 

 

Is it possible for me to move with him to Germany “on orders” and still keep my immigration status? That is, if we first go the U.S. and get married as planned, go through the AOS process and get my work permit, THEN move to Germany with me added to his orders. Will that count as living in the U.S. or am I abandoning my green card etc. that way too?

[designguy 1,179]

You have to meet the residency requirements to keep your greencard. From the situation you described, you would be abandoning greencard. Its time to evaluate how serious this opportunity is. If it is serious you may want to go down the CR1 route and then plan it in a way so that when you are ready to come back to the US you will have your greencard through that. 

 

7 minutes ago, MalinB said:

it’s not a certainty until it’s a done deal and he’s moved there.

Kind of odd for someone not to have some sort of work contract, etc outlined PRIOR to moving to another country. What happens if you guys move and he doesn't get the job?

 

[MalinB 51]

Just now, designguy said:

You have to meet the residency requirements to keep your greencard. From the situation you described, you would be abandoning greencard. Its time to evaluate how serious this opportunity is. If it is serious you may want to go down the CR1 route and then plan it in a way so that when you are ready to come back to the US you will have your greencard through that. 

 

Kind of odd for someone not to have some sort of work contract, etc outlined PRIOR to moving to another country. What happens if you guys move and he doesn't get the job?

 

Oh, of course he would have the job before moving, but we’re in the K1 process right now. I would be paying for medicals, all costs associated with going to Stockholm for the interview and so on. If I then move to the U.S. and one month later, we would move back to Europe, it would all be for nothing. Then I may just as well wait one extra month and reunite with him in Europe. At the same time, IF the job in Germany does not happen and I haven’t done all the K1 visa steps yet, there is another delay before I can move to be with him. 

[designguy 1,179]

1 minute ago, MalinB said:

Oh, of course he would have the job before moving, but we’re in the K1 process right now. I would be paying for medicals, all costs associated with going to Stockholm for the interview and so on. If I then move to the U.S. and one month later, we would move back to Europe, it would all be for nothing. Then I may just as well wait one extra month and reunite with him in Europe. At the same time, IF the job in Germany does not happen and I haven’t done all the K1 visa steps yet, there is another delay before I can move to be with him. 

Whats the timeline for him knowing about the job or not? Based on your vj timeline you are about 3-4 weeks away from an approval if everything goes right. Then you need to go through NVC, schedule and interview, actually have the interview. This you can kind of have control over by delaying if you need. So I would keep going in process just to make sure, cause you don't want to abandon the petition and then start from scratch if he does end up not taking the job.

 

Also just to be clear if you entered the US and left after a month it would all be a waste because you won't have adjusted status in that time and will not have advanced parole or a GC. Once you enter on the K1 you are looking at a minimum of 6-8 months before you will be able to leave the country again with either AP or the GC

[MalinB 51]

1 minute ago, designguy said:

Whats the timeline for him knowing about the job or not? Based on your vj timeline you are about 3-4 weeks away from an approval if everything goes right. Then you need to go through NVC, schedule and interview, actually have the interview. This you can kind of have control over by delaying if you need. So I would keep going in process just to make sure, cause you don't want to abandon the petition and then start from scratch if he does end up not taking the job.

 

Also just to be clear if you entered the US and left after a month it would all be a waste because you won't have adjusted status in that time and will not have advanced parole or a GC. Once you enter on the K1 you are looking at a minimum of 6-8 months before you will be able to leave the country again with either AP or the GC

His time in Afghanistan is not up until August of next year, and he will be able to extend that time for another 6 months if he wants to. He cannot apply for any jobs until August at the earliest so this is just me thinking ahead 😊 If it would be possible for me to get the green card and keep it (the keep part is key here), it wouldn’t be an issue to stay in the U.S. for a few months while that whole process is going on. He is still employed by the Navy in San Diego and that job is waiting for him when he gets back. 

 

The plan was for me to have my interview next spring and then move when he got back in August. When we applied in July, the timelines were still 6-8 months, but it all if a sudden sped up (which is a good thing!). Then this opportunity popped up for him, and I am trying to be proactive and not waste money if not necessary lol. I know the interview part is quick (if approved, but there is no reason for it not to be, no red flags and plenty of time spent together) so maybe I will just have to delay it until he’s back and has applied for jobs. The problem is my job, I’m a teacher and I can’t (don’t want to) leave in the middle of the school year. 

[designguy 1,179]

7 minutes ago, MalinB said:

The plan was for me to have my interview next spring and then move when he got back in August. 

This raises a flag for me (not sure if valid or not). Is he currently domiciled in the US? I can imagine this might be quite a problem to get past the interview stage. For the CO to issue you a K1 visa when your fiancé is actively working oversees. Maybe some more experienced people with K1s can give you some advice here but for me this sounds like a problem

[MalinB 51]

1 minute ago, designguy said:

This raises a flag for me (not sure if valid or not). Is he currently domiciled in the US? I can imagine this might be quite a problem to get past the interview stage. For the CO to issue you a K1 visa when your fiancé is actively working oversees. Maybe some more experienced people with K1s can give you some advice here but for me this sounds like a problem

Hmm, that part I don’t know about, but when we called uscis and asked what to put for his address, they never mentioned you can’t apply for K1 while deployed. I’ve seen others go through the K1 process while their fiancé has been deployed. We put the base he’s deployed to as his current address and put his brother’s address for mailing purposes. I thought it counted as “American soil” still if it’s an American base? I wouldn’t move to the U.S. until he’s back anyway, there would be no point since we have 3 months to get married. 

[designguy 1,179]

3 minutes ago, MalinB said:

Hmm, that part I don’t know about, but when we called uscis and asked what to put for his address, they never mentioned you can’t apply for K1 while deployed. I’ve seen others go through the K1 process while their fiancé has been deployed. We put the base he’s deployed to as his current address and put his brother’s address for mailing purposes. I thought it counted as “American soil” still if it’s an American base? I wouldn’t move to the U.S. until he’s back anyway, there would be no point since we have 3 months to get married. 

As far as I know it is not counted as American soil for purposes of immigration. The good thing is he has an American income stream and should reasonably be able to prove that his income will continue once he returns to the US. It's not that you cant apply while you are deployed, its just a different situation when actually issuing the visa. I could imagine the CO being concerned if say, you go in March for an interview with the plan to move back with the fiancé in August.

 

I would probably attempt to drag out the process so long as to get an interview next summer so the plan to move back would be shortly after the interview. 

[MalinB 51]

1 minute ago, designguy said:

As far as I know it is not counted as American soil for purposes of immigration. The good thing is he has an American income stream and should reasonably be able to prove that his income will continue once he returns to the US. It's not that you cant apply while you are deployed, its just a different situation when actually issuing the visa. I could imagine the CO being concerned if say, you go in March for an interview with the plan to move back with the fiancé in August.

 

I would probably attempt to drag out the process so long as to get an interview next summer so the plan to move back would be shortly after the interview. 

Yes, the income is definitely not an issue. His pay is still coming from his office in San Diego, only it’s way more than it used to be lol! He’s still way above the 125% even with his normal salary so no worries there. 

 

I will definitely think about this when booking my interview, and even call uscis to double check before I do. 

 

Thanks 🙏🏻 

[designguy 1,179]

1 minute ago, MalinB said:

I will definitely think about this when booking my interview, and even call uscis to double check before I do. 

Good luck keep us updated. Just two quick things: Interviews fall under jurisdiction of the State Department not USCIS, Sundays aren't the best days to get responses on here sometimes so if you need more help post during the week  

[Georgia16 2,858]

I would drop the K-1 and get married and do the the CR-1 visa that way when you enter you have the GC right away and if needed you could apply for a re entry permit good for up til two years. 

[Cyberfx1024 7,978]

 

1 hour ago, designguy said:

You have to meet the residency requirements to keep your greencard. From the situation you described, you would be abandoning greencard. Its time to evaluate how serious this opportunity is. If it is serious you may want to go down the CR1 route and then plan it in a way so that when you are ready to come back to the US you will have your greencard through that. 

 

Kind of odd for someone not to have some sort of work contract, etc outlined PRIOR to moving to another country. What happens if you guys move and he doesn't get the job?

 

Please do not comment unless you know the in an outs of Federal employment and GC spouses. 

 

Since her husband is a Federal employee with orders abroad to work. She can accompany him with her GC and it would be just like if she was living here in the USA.

 

Right now he has what is called a TO which means he got the job, but he will not get a final offer FO until all conditions are met to issue it. Such as a clearance, background, and credit check. 

 

 

- Current Federal employee 

Edited October 13, 2019 by Cyberfx1024

[Cyberfx1024 7,978]

1 hour ago, MalinB said:

His time in Afghanistan is not up until August of next year, and he will be able to extend that time for another 6 months if he wants to. He cannot apply for any jobs until August at the earliest so this is just me thinking ahead 😊 If it would be possible for me to get the green card and keep it (the keep part is key here), it wouldn’t be an issue to stay in the U.S. for a few months while that whole process is going on. He is still employed by the Navy in San Diego and that job is waiting for him when he gets back. 

 

The plan was for me to have my interview next spring and then move when he got back in August. When we applied in July, the timelines were still 6-8 months, but it all if a sudden sped up (which is a good thing!). Then this opportunity popped up for him, and I am trying to be proactive and not waste money if not necessary lol. I know the interview part is quick (if approved, but there is no reason for it not to be, no red flags and plenty of time spent together) so maybe I will just have to delay it until he’s back and has applied for jobs. The problem is my job, I’m a teacher and I can’t (don’t want to) leave in the middle of the school year. 

If you two decide to go to Europe then once you file for AOS you can file for it to be expedited due to you both going to Europe on orders 

[Cyberfx1024 7,978]

27 minutes ago, Georgia16 said:

I would drop the K-1 and get married and do the the CR-1 visa that way when you enter you have the GC right away and if needed you could apply for a re entry permit good for up til two years. 

Nope, they can file for the AOS to be expedited due to him being on orders to Europe

[MalinB 51]

4 minutes ago, Cyberfx1024 said:

If you two decide to go to Europe then once you file for AOS you can file for it to be expedited due to you both going to Europe on orders 

Thank you! That would make it so much easier. Then I don’t have to worry about whether the K1 will be useless or not, we will just go through with it and figure out the rest as we see what happens.