What If we Marry on the K1 then ultimately decided to Move to Fiances home country before AOS?

[Haydnator 274]

I have been looking for an answer to the question, but haven't been able to find a clear answer. I'm the USC and my fiance is the UK citizen. We're both anxious cautious people, so when we decided to close the gap, we looked into all the options available to us. We were unsure on where to go though, what with the political situations in both countries not being ideal. Its been a very hard decision because part of me really wants to move to the UK, but the rational side of me said the US might be better because i had a job, we had a lot more of a support network, and we would have had a place to stay. We discussed it and thought that the K1 would maybe be the best for us (1. since he was paranoid if he tried to enter on an esta that there was a chance he would be denied entry if they suspected anything, 2. we didnt want to get married and then be apart for a year for the CR1).

 

So it's been 6 months later, he got the interview and got approved, and i couldn't be more excited that we get to get married! I love him so much and am so excited to spend the rest of my life with him.The only thing nagging me is did I make the right choice with wanting to stay here? I still feel like I want to go to the UK. We're going to get married here no matter what, but what if circumstances change and we decided to move to the UK before filing for AOS?. I've heard that that could make future visits here harder for him, since he would have that previous K1 intent on his record. Its unfortunate that they can penalize you for being unsure of where you want to go, or because circumstances can change.

 

Has anyone had to deal with this? Or has had that difficult decision on where to move?

[Crazy Cat 44,551]

Life is full of choices....and consequences........if you decide to move before he completes Adjustment of Status, he will not be able to return to the US as a non-immigrant with the intent to stay and adjust........will he face more scrutiny if he returns to the US to visit as the spouse of a US citizen?  Maybe......but every entry of a non-citizen is subject to scrutiny and evaluation.  I don't understand how that is some kind of penalty......it's the law.

 

 

[yuna628 9,873]

36 minutes ago, Haydnator said:

I have been looking for an answer to the question, but haven't been able to find a clear answer. I'm the USC and my fiance is the UK citizen. We're both anxious cautious people, so when we decided to close the gap, we looked into all the options available to us. We were unsure on where to go though, what with the political situations in both countries not being ideal. Its been a very hard decision because part of me really wants to move to the UK, but the rational side of me said the US might be better because i had a job, we had a lot more of a support network, and we would have had a place to stay. We discussed it and thought that the K1 would maybe be the best for us (1. since he was paranoid if he tried to enter on an esta that there was a chance he would be denied entry if they suspected anything, 2. we didnt want to get married and then be apart for a year for the CR1).

 

So it's been 6 months later, he got the interview and got approved, and i couldn't be more excited that we get to get married! I love him so much and am so excited to spend the rest of my life with him.The only thing nagging me is did I make the right choice with wanting to stay here? I still feel like I want to go to the UK. We're going to get married here no matter what, but what if circumstances change and we decided to move to the UK before filing for AOS?. I've heard that that could make future visits here harder for him, since he would have that previous K1 intent on his record. Its unfortunate that they can penalize you for being unsure of where you want to go, or because circumstances can change.

 

Has anyone had to deal with this? Or has had that difficult decision on where to move?

Hi OP,

 

I want to be honest with you as possible, and I hope this isn't difficult for you to hear. There may be times along your journey where you wonder about life back in the UK, or deal with homesickness, or re-evaluate certain decisions you have made. Quite normal, I suspect, for some. There problem is you will be dealing with not only the US system of immigration law, but the UK system of immigration law. Right now, you are in the US system. And honestly? I'm going to give you the same advice I give all UK/US couples - stick with it for now. File each paperwork when its time to do so. See out life here in the US for a few years and then see how you feel. See how he feels as life begins to change and possible job and life opportunities open for him. Save money and build a life. Within a few years, he could even choose citizenship (thus becoming a dual citizen), which would protect his status in the US and enable free travel between both countries without issue.

 

Then, if you still feel that way, note if the immigration system in the UK has changed (because it likely could). Under the current system now, you would have to be apart, and your future spouse would have to return to the UK without you, work at least 6 months at the required amount under their laws, and file the paperwork. You could not assist him in this financially, and there are no cosponsors. Even if you are accepted it would be a multi-years process to start for you to stay. 

 

Remember, green cards are for living in the US. Living elsewhere causes abandonment issues and would endanger his future status and travel to the US, without first ensuring his status with citizenship.

[beloved_dingo 2,002]

Why not just see how it goes when he comes over here and go from there? You don't have to decide before AOS. The option to move to the UK exists regardless of his status in the U.S. You could decide after he's a permanent resident, or after he's a citizen, or never. Since you are unsure but feel like you may *eventually* want to move to the UK I would at least wait until he's a permanent resident. If you stay in the UK he would eventually lose permanent resident status but at least by that time I would think you'd both REALLY know where you want to be. Right now you're just going off of a nagging feeling. I'm also curious about how he feels. You say a lot about your feelings on the subject, but not his. Does he have reservations about leaving the UK, or is he excited to start a life here in the U.S. (or a mix of feelings in between)? 

 

Regardless, it's worth seeing how you both feel after he gets here and you get married. 

 

Edited to add: I had similar feelings at times regarding possibly moving to Australia vs. my (now) husband moving here. At the end of the day, him coming here made the most sense. The cost of me immigrating to Aus would have been much more expensive and the income requirements are significantly higher. I also have 3 young nieces (the youngest is a toddler) and I didn't like the thought of not seeing them enough/them not really knowing me. My husband doesn't have young children in his family so that wasn't an issue. Either way, both people in the relationship are making different sacrifices to finally be together and you have to figure out which ones you both can handle. 

Edited January 16, 2020 by beloved_dingo

[Haydnator 274]

14 minutes ago, yuna628 said:

Hi OP,

 

I want to be honest with you as possible, and I hope this isn't difficult for you to hear. There may be times along your journey where you wonder about life back in the UK, or deal with homesickness, or re-evaluate certain decisions you have made. Quite normal, I suspect, for some. There problem is you will be dealing with not only the US system of immigration law, but the UK system of immigration law. Right now, you are in the US system. And honestly? I'm going to give you the same advice I give all UK/US couples - stick with it for now. File each paperwork when its time to do so. See out life here in the US for a few years and then see how you feel. See how he feels as life begins to change and possible job and life opportunities open for him. Save money and build a life. Within a few years, he could even choose citizenship (thus becoming a dual citizen), which would protect his status in the US and enable free travel between both countries without issue.

 

Then, if you still feel that way, note if the immigration system in the UK has changed (because it likely could). Under the current system now, you would have to be apart, and your future spouse would have to return to the UK without you, work at least 6 months at the required amount under their laws, and file the paperwork. You could not assist him in this financially, and there are no cosponsors. Even if you are accepted it would be a multi-years process to start for you to stay. 

 

Remember, green cards are for living in the US. Living elsewhere causes abandonment issues and would endanger his future status and travel to the US, without first ensuring his status with citizenship.

 Yea Thats what we're probably going to end up doing. He has the saving saved up, so we could do the saving  route if we wanted too (as long as it doesnt change, but it probably will in the future).

 

10 minutes ago, beloved_dingo said:

Why not just see how it goes when he comes over here and go from there? You don't have to decide before AOS. The option to move to the UK exists regardless of his status in the U.S. You could decide after he's a permanent resident, or after he's a citizen, or never. Since you are unsure but feel like you may *eventually* want to move to the UK I would at least wait until he's a permanent resident. If you stay in the UK he would eventually lose permanent resident status but at least by that time I would think you'd both REALLY know where you want to be. Right now you're just going off of a nagging feeling. I'm also curious about how he feels. You say a lot about your feelings on the subject, but not his. Does he have reservations about leaving the UK, or is he excited to start a life here in the U.S. (or a mix of feelings in between)? 

 

Regardless, it's worth seeing how you both feel after he gets here and you get married. 

Thats probably whats going to end up happening. I think I was just mainly asking to see if people had a similar problem with deciding where to go. And what would be the consequences if we did change our route.

 

We have discussed it numerous time. He would be happy either way, and is more worried about what would happen if I didn't like it there. As of now we figured we'd stay here until he gets his citizenship and then reevaluate how we feel. At least we can visit the UK once he has is Travel authorization.

Edited January 16, 2020 by Haydnator

[Ryan H 3,897]

Moved from K1 Process & Procedures to General Immigration-Related Discussion.