frodomaximuss

2 minutes ago, geowrian said:

So...if you're a gambling man...I guess you could file AOS w/ AP now. Then use the AP document in July. Once AOS is approved, file for a reentry permit. Then when she's ready to return to the US, try to use that to enter. That said, there's a lot that can go wrong here. Just going with a CR-1 would be much simpler and much more likely to not have surprises when trying to re-enter the US.

Yep that makes sense. It's possible that re reentry permit would allow for transit and visits to the US while she is studying.

If she can't pop in, that stinks.  Both due to missing the holidays, and because the price of a ticket from Japan to Colombia without a stopover in LAX is going to murder me many times over... 

Thanks Geowrian,

Thanks for your reply!

You are right on the money. Yes, our situation is pretty bonkers.

We started the K1 process around the same time she applied for a fellowship to get her Master's in Japan. It was a longshot, but she won the scholarship, so Tokyo here we come. Until that happened, we had every intention of making the US our permanent home (and still do...just two years from now).

You stated: 

Quote

You may be better served by abandoning the idea of filing for AOS at this time, then file for a CR-1/IR-1 visa when she is ready to actually live within the US. She can try to obtain a tourist visa while the I-130 processes so she can still visit you in the US. No guarantees as the CO or CBP may believe her immigrant intent puts her at risk of staying in the US, but many people here have done that successfully so it's worth a shot.

In our case, she is already in the US. She entered last month and we married here.

From what I can tell, letting her i-94 lapse without filing for AOS is a no-no. IE she will then have overstayed her visa and be here illegally. I'm pretty sure its a unique bureaucratic position we find ourselves in, that we must file for a GC, even while knowing we must likely abandon it.

We may indeed need to file the CR1 from Japan, I just want to make sure we're in the right up until when we leave. (additionally, filing the AOS provides the benefit of granting employment authorization in the meantime).

Thanks so much!

Howdy!

Thanks so much for reading, any and all help is much appreciated!

My wife arrived on a K1 on 12/9/16. We married in the USA on 12/30/16. We received our marriage certificate today, and are preparing to file her AOS, along with i-131.

She is set to start her Master's Degree studies in Japan in July 2017. That program will last 2 years. 

Due to estimated processing timelines, its looking quite likely that we may need to leave the US before her green card is issued. I plan to travel to Japan and live with her there, and we both plan to return to the US afterwards (in 2019).

We are looking for the best way to maintain her legal status, so that it doesn't present complications for her returning to the US after her studies. It is my understanding that Advance Parole would be needed, however it appears that is intended for short trips. A re-entry permit seems more like what she'd need, but if I read the instructions correctly, those are only available for green card holders, correct?

Out of all of this background, a few questions:

1. Should I be applying for a reentry permit or advance parole in this situation (or both?!)?
2. If it happens to be both, can you apply for both at the same time when filing i-131 with AOS packet? Or would I be filing for advance parole, and then reentry permit from Japan?
3. If we are unable to retrieve the green card before she leaves, does anything worse happen other than our needing to complete a CR1 from Japan prior to our return? It is my current understanding that filing for AOS, even if we were to abandon it later, would be crucial to keeping her in a legal status (vs. if we did not file the AOS and allowed her K1 to lapse, for instance).
4. Bonus - what do you recommend putting for length of intended stay, on early parole application (as we're looking at upwards of 730 days here...)?

Again, thanks so much for your help!

Hi,

My fiancee was just granted her K1 visa, and is planning to travel to the US this December, and we plan to marry on December 30th, and file for adjustment of status upon receipt of marriage certificate.

She was just awarded a fellowship to study for her Master's degree in Japan. Her studies would begin September 2017.

Few questions:

1. Looking at AOS processing times, seems likely she would be granted her conditional green card before she would need to depart. What are the odds I'm correct about that?

2. Let's assume she is issued her conditional green card in advance of our departing for Japan. Basically we'd be looking at her being outside the USA for the entirety of the conditional green card period. Are there any dispensations made for those who are studying outside the country while holding a conditional green card? Or are we totally railroaded by this and would be better off saving the $1000, just go to Japan and then apply for her green card in 2 years using CR-1?

3. If we're going to have to forfeit the conditional green card b/c we won't be able to be in the US during the conditional green card period - does this in any way make it more difficult to apply and be granted a second green card using CR1 process? The thinking behind still filing for AOS, even knowing we will forfeit that green card, is that this is that it would allow her to live and work in the US until the time we depart for Japan next fall.

Thanks so much for your help and advice!

Thanks for the feedback so far. I guess my line of thinking extends even further... That is, I'm talking about my becoming the expat in this situation.

Here's what I'm looking at:

1. She enters US on K1, we marry

2. We return to Colombia and make our home there. Abandoning the AOS or K1 in the process.

3. A year later, we just want to pop up and visit my family, without plans to settle here.

What are the options in that case? I wouldn't be looking at a CR1, because the plan would not be for her to immigrate.

I guess the question is, what type of visa do expats get for their foreign spouses to make a visit to their home country together? If I had known I'd find myself in this position, probably wouldn't have started this process to begin with, she'd have a B2 and we'd be all set...

My fiancee just picked up her K1 visa yesterday. Her old B2 tourist visa was cancelled as a result.

We have been planning to have her come to the US (obviously), but some things have come up that have got us thinking about moving to her country (Colombia) instead, at least for the foreseeable future.

What are the impacts of abandoning a K1? We would still love for her to be able to travel and visit the US.

How soon, if at all, would she be eligible to apply for a new B2 visa, and if we are married at that point, will she have any issues entering the US? i.e. does a K1 application in the past suggest risk that a person would try and overstay a B2 entry in the future in the eyes of border control?

What are the outcomes if we still have her enter the US on the K1, marry, and then depart without filing for adjustment of status. Or if we did file for AOS, how soon, and for how long are you able to leave the US?

Thanks for you advice!