k1 Visa leaving states with adjusting to status

[aaron2020 11,651]

If she leaves the US, she will not be able to come back.

A.  By using the K-1 visa, she has shown immigrant intent.  Immigrant intent will hinder her ability to visit the US.

B.  By overstaying her K-1 visa without adjusting status, she is a K-1 visa overstay.  By overstaying, she will no longer be eligible for ESTA and the VWP.

C.  With immigrant intent, it will be almost impossible for her to get a tourist visa.

 

She does not need an SSN to get medical insurance.  Talk to your HR department. 

 

 

[geowrian 22,335]

She was granted 90 days of legal status. If she left prior to 180 days after that 90 day period, then there is no ban.

If the I-485 was filed, any time from the date of filing onwards would not be counted either.

 

VWP privilege is forever gone starting at day 1 of any overstay. A visa would be needed to visit again.

Getting a tourist visa from a VWP country with a USC spouse and recent K-1 visa would make overcoming the presumption of immigrant intent extremely difficult.

Only way to know for sure is to apply, but expect a refusal and plan accordingly.

[Lucky2Lucky 2,526]

4 hours ago, TonyValenz said:

Hello, Im a US Citizen who has petitioned for a k1 visa and married my UK girlfriend here in the states.

 

After marriage, I didn't realize that we never got her a SSN Number, as I was trying to purchase her Medical Insurance and she also fell pregnant with my child during that time.

 

Now we are in a tough position and decided for her to go back and live in the UK, until we figure things out, with all the Pandemic.

 

My question is, will she be able to comeback on a Tourist Visa, to visit me with our child in the meantime, or will the US Bar her from the country, even using a Tourist visa

 

thanks in advance(=

This is why everyone should just apply for AOS within 90 days. Too often I see people who wait and screw themselves; “but over stay is forgiven for spouses” “you don’t have to file within 90 days”  etc are excuses seen all the time but sometimes things don’t work out such as your case. You said she wants to go back and live in the UK-is she filing a visa for you to move there? The chances of her ever getting a b1/b2 (tourist) visa are slim now so if you want a life together you’d move to the UK. Hopefully your parents (grandparents) are able to travel to see the baby.

 

I see many steps you missed in the process that you can’t go back on but hopefully others reading this  know what you are getting into regarding immigration it’s not what you see on tv shows.

 

You may also want to make sure she didn’t lose her UK health benefits when she left the country. I am assuming you are now outside the window of applying for insurance but you never needed a SSN to apply for health insurance.

 

Since she didn’t leave yet you still have options. If medical insurance is the only issue preventing her from wanting to be in the Us apply for AOS now, pay out of pocket for her medical care and obtain insurance during open enrollment (November?) Or see if your state has a special enrollment period going on now due to Covid (my state allowed you to enroll in health insurance during the height of the pandemic)

[Boiler 43,429]

Sounded like she had left admittedly not clear.

 

Probably a question of time, once she has a job settled in etc etc then apply for a B, meanwhile the OP can visit.

[HRQX 4,145]

2 hours ago, Boiler said:

Sounded like she had left

Look at OP's third post. Instead of replying under the Quoted box, OP replied inside of it by replacing Iscir's post. OP said "and she hasn't left yet"

[dwheels76 5,459]

Why haven't you applied for Adjustment of Status to get her a EAD card and green card. You say she doesn't want to stay but trust me she leaves and can't come back that will b regretted so why not get what you need then after she gets the proper legal status she can then decide what to do.

[SalishSea 16,769]

5 hours ago, dwheels76 said:

Why haven't you applied for Adjustment of Status to get her a EAD card and green card. You say she doesn't want to stay but trust me she leaves and can't come back that will b regretted so why not get what you need then after she gets the proper legal status she can then decide what to do.

Would be moot to get AP unless she plans to return for the AOS interview.  Sounds like that is not the plan.

[TonyValenz 0]

at the moment she is still here, the reason for leaving is fear of medical bills for the birth, Im self employed and was denied  health insurance, when trying to purchase it for her because of the SSN, Im hearing people say you don't need one but she was denied for that exact reason

 

They gave us Financial Help at the hospital but it's only for 6 months and won't be long enough to cover the whole pregnancy

 

We are running out of time and where she is from (UK), it is completely free to have a baby.

 

She will be looking to move back most likely with the IR1 Visa, around 2-3 years from now, or me moving their possibly 

 

hopefully we will be more prepared this time, I will just be traveling alot, hopefully the Covid, will ease down next year

[HRQX 4,145]

22 minutes ago, TonyValenz said:

and was denied  health insurance, when trying to purchase it for her because of the SSN, Im hearing people say you don't need one but she was denied for that exact reason

Challenge them as they can't deny solely based on that: "You should advise your coverage provider that you do not have an SSN or TIN and give them the date of birth for each covered individual." https://www.irs.gov/affordable-care-act/questions-and-answers-about-reporting-social-security-numbers-to-your-health-insurance-company