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Hi Everyone!

 

First post here, looking for some advice!

 

My British fiancee is a few steps away from having her medical and interview for her K1 Visa. However she is also looking at 1 year Master's programs in the UK (running from September to September). The schools are accepting applications right now, and so she would obviously apply as a British citizen and resident. However, if she were given her visa, and we got her to the US AND got the Adjustment of Status and Re-entry Permit completed in time for her to start her studies, then she would like to pursue that. It will obviously be difficult to get all of these stars to align, but what she and I would like to know is if it's possible for her to go to school for a year in the UK with Conditional Permanent Residence in the US and do so even though on her university application she applied as a British resident. This would qualify her for the tuition fees of every other Brit living in the UK AND (hopefully) allow her to return on a re-entry permit.

 

Our question is this:

 

Is a customs agent at the POE AFTER completing her studies and returning on the Conditional Green Card likely to deny her re-entry since she applied to school as a British resident (NOT an American resident) even if she applied before she got her visa? I've read that claiming residency in two different countries is a pretty sure-fire way to get a Green Card revoked, so we obviously want to avoid that. But we want to know if they would understand that she applied (and was maybe even accepted) to a university before she got her K1 and has every intention of returning to the US. Her program would have clear start and finish dates, and she would also hopefully have some clear ties to the US before she left to study (joint american bank account, car in her name etc...). What do you guys think? I should also note that this particular program she wants to study is not available in the US and so that option is out!

 

I think the two obvious suggestions people will make are to either: come to the US, stay and study in the US, and don't risk ever leaving the US, OR, study first, then reapply for the K1 and come after. We are just brainstorming at this point and wondering if it's even possible to thread this needle, and to see if anyone has any other advice they could offer us?

 

Thanks Everyone!

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15 minutes ago, designguy said:

Do you plan on going with her? 

If she ended up being able to study there and return here, then I would absolutely try and be with her. However, I should probably assume that I would not be able to spend more than 5-6 months with her there because it is very unlikely that I will be able to get a visa to join her. Most likely I will remain here

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Two thoughts come to mind.  One is abandoning the K1 and refiling a CR1 after she graduates.  Or six months before.  She also can’t travel without abandoning her status until after AOS or AP.  Those take time.

 

Or upon receiving her green card getting a re-entry approval for being abroad more than a year.  But it seems a waste to get a conditional visa that’s good for two years and not be in the US most of the time it’s active.

 

The US has no issues with dual nationality.  That wouldn’t affect the visa at all.  There’s no expectation that she would not avail herself of any benefit to citizens while in her home country and still a citizen.  

Edited by bakphx1

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It doesn't matter if she applied for grad school before she filed for the K-1.  While having a green card, she claims a foreign residency is the problem.  

 

You definately have a green card abandonment issue if she claims British residency.

 

What you are doing does not make sense.  

 

Abandon the K-1, get marry, attend grad school as a British resident, and file for the spousal visa.  

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2 hours ago, bakphx1 said:

Two thoughts come to mind.  One is abandoning the K1 and refiling a CR1 after she graduates.  Or six months before.  She also can’t travel without abandoning her status until after AOS or AP.  Those take time. 

I agree with @bakphx1 concerning travelling after receiving the Green Card (GC) or Advance Parole (AP). After you apply for Adjustment of Status (AOS), if you were to go the K-1 route, it would take anywhere from 6 months to a year to receive and then if its AP and she is out of the country for a lengthly amount of time the AOS would be considered abandoned and then you would have to start all over again with a CR-1 (Spousal) visa. 

 

 

1 hour ago, aaron2020 said:

It doesn't matter if she applied for grad school before she filed for the K-1.  While having a green card, she claims a foreign residency is the problem.  

 

You definately have a green card abandonment issue if she claims British residency.

 

What you are doing does not make sense.  

 

Abandon the K-1, get marry, attend grad school as a British resident, and file for the spousal visa.  

I agree with @aaron2020, abandon K-1, get married, then have your fiancee go to grad school and then apply for a CR-1 spousal visa closer to the end of her studies. 


 

 

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You would save more in fees by abandoning the K1 now than you would spend on refiling a CR1 later (or get married now and get an IR1 later-best deal), because you would spend a good chunk on AOS then ROC for a time she’s not here anyway.

 

From a strictly immigration perspective, the best deal is marry, she finishes school and you file CR1/IR1 in the meantime (delay filing to not get the visa before she’s ready).  

 

Or she comes on K1 and studies here.

 

 I think getting the K1 is the most expensive and messiest way to go.  If she got AP, you’d have to worry about getting it in time to start classes.  Do yourself a favor and don’t go this route.  Expensive and more headaches and USCIS moves at its own speed.  If she has hard dates to start classes, she may find having to leave and cancel the K1 anyway.

Edited by bakphx1

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You never mentioned type of masters... most masters degrees  can be done via distance learning online these days... is that an option? She’ll have plenty of free time waiting for adjustment etc if entering on a K1... just throwing it out there for consideration 


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I think that the OP and their fiance need to decide where to live and commit to that. One of the reasons why we waited several years to file our own application was because I wanted my husband to finish his education in the UK first. Sometimes... long running priorities are important, even if they cause a delay that pains the heart. The USC would not be able to just pick up and come and live with the UK fiance or spouse either, without going through the UK's very lengthy immigration process (during which they'd also need to spend time apart). The UKC alone would have to sponsor the USC spouse under their strict financial requirements - and as they are a student, it's unlikely they'd make that cut (the USC cannot just go marry the UKC in the UK either without going through a bit of a faff with their marriage/immigration rules too, so they need to consider that also).


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RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

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Please also note, once she leaves the UK and files for AOS, she’s no longer counted as a British resident, so isn’t eligible for things such as the NHS or grants/tuition fees etc - basically, if she returns to England after getting AP, she had the same rights/available options as you would have (ie, not many and at a much higher cost).

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