K1 dilemma ...

[nate&nid 0]

.

My employer is contemplating transferring me to a new job overseas (unfortunately not to Thailand) and wants me there by August - I should know for sure by end of this week. Career-wise and money-wise, I want very much for this transfer to happen. Nid has already sent her packet 3 back to US Embassy BKK, but they called her this past week telling her she forgot to fill out some parts of these forms, etc. Hoping she gets that done soon, I am guessing her interview would be scheduled sometime mid-August. If there are no more set-backs or hold-ups, and she does get her K1-Visa by August or soon after, by that time I may not be in the US. Some options going thru my head right now:

1. Tell my employer that I must wait for her to get her K1 visa to come to US (whenever that may be ???), immediately get married and bring her with me to my new job as my dependent on my orders.

2. Forget the whole K1 petition, when I know for sure when I will be moving I go to BKK beforehand to legally register our marriage and later on move her to my new job as my dependent on my orders.

The key word in both of these is that she needs to be my spouse/dependent (I already inquired the Embassy of that country asking this question) for her to get a visa into that country with me. The third option I don't like ...

3. I transfer overseas, and when she does get her Visa, we both go back to the US to get married. Unfortunately my employer will not amend my orders (since I already transferred). I may need to try to immigrate her into that country - or I may just need a letter from my employer stating that she is now my dependent for her visa into that country - no guarantees either way.

If we leave the US immediately after getting married how will this affect her visa later on in the future when we must visit or move back to the US? Do we need to wait here in the US until the whole AOS process is completed? How easy/difficult would it be for us to apply for a spouse visa for her if both of us are together, but not in the US nor Thailand?

.

[trueimage 0]

She can not leave the US after she enters until she receives her residency card. That could take around 6 months giver or take. How long will you be working overseas? Even after she becomes legal resident, she can still only be out of the country for a certain amount of time. (I don't know how much, so I will not speculate.) Is it important that you take this assignment at this time?

[pushbrk 13,639]

She can not leave the US after she enters until she receives her residency card. That could take around 6 months giver or take. How long will you be working overseas? Even after she becomes legal resident, she can still only be out of the country for a certain amount of time. (I don't know how much, so I will not speculate.) Is it important that you take this assignment at this time?

Leaving is not a problem. Returning to the US would be a problem if she leaves before obtaining advanced parole. I would try for emergency advanced parole before you leave. Potentially you could return to the USA often enough to complete her status adjustment and keep her LPR status alive. If your overseas assignment is a long one, then certainly you can petition for a CR1 visa at a Consulate abroad (DCF) a few months before you are ready to return.

A separate issue could be obtaining a visa for your then wife to accompany you to the job abroad. You'll want to check into that too. Of course, it will depend on the country.

Edited June 24, 2007 by pushbrk

[nate&nid 0]

Thanks for your response ... the tour is 3 years (with possible 2-year extension). The person now in that position comes back to US in August, so they would prefer some overlap. If the position remains vacant for too long then they would need to look for someone else.

I was unaware of the length of stay restrictions that would be placed on her after she arrives here. If I end up do getting this job, it looks like my second option is the better one in the short run, but after 3-5 years if we need to come back to the US, I will have to reapply for her visa as a spousal visa.

[pushbrk 13,639]

Thanks for your response ... the tour is 3 years (with possible 2-year extension). The person now in that position comes back to US in August, so they would prefer some overlap. If the position remains vacant for too long then they would need to look for someone else.

I was unaware of the length of stay restrictions that would be placed on her after she arrives here. If I end up do getting this job, it looks like my second option is the better one in the short run, but after 3-5 years if we need to come back to the US, I will have to reapply for her visa as a spousal visa.

Yes, that's probably the better option. It would be an IR1 visa and she would be entitled to a 10 year green card upon arrival. You should be able to obtain a visitor visa for her to come to the USA during that time but it may require some additional documentation.

[SqdnGuns 21]

Just my opinion, but if it was me, work would have to wait. I would not want anything to interfere with the process of of securing residency for my beloved.

Good Luck!!