HELP - k1 leaving before aos!!!

[Sra Gomez 9]

Hey VJ -

Some background info: I filed a k1, and my fiance arrived May 15th to the US. We had some problems, and I put off the wedding. We have decided to get married in a couple of weeks. I don't have the money to file his AOS yet, so we planned on waiting a bit for that while I save.

Now, here is where it gets complicated...due to a family emergency he has to go back to Peru, I'm not sure when yet, but most likely it will be before I can file for AOS.

Now to my questions:

-If he stays without AOS, and leaves before I file, will he get a ban?

-If we get married here, and he goes back I can file a CR1 - but I wont have any bills or anything with both our names on it - will that be a problem?

It has been the hardest 3 months of my life dealing with so many issues. My fiance and I finally came to a compromise and I just want to make sure I'm doing everything correctly to ensure that he will be able to come back to me.

Thank you so much for your responses in advance and good luck on your own journeys.

~Bela

[san diego 407]

If he leaves without Advanced Parole or GC, he will not be able to come back. If he absolutely has to go I recommend getting married and filing for CR1. This type of situations happen and I saw several exact same cases. This is exactly what they did. However, you will have to travel at least one time while CR1 is getting processed to show ongoing relationship. Good luck!

[Sra Gomez 9]

If he leaves without Advanced Parole or GC, he will not be able to come back. If he absolutely has to go I recommend getting married and filing for CR1. This type of situations happen and I saw several exact same cases. This is exactly what they did. However, you will have to travel at least one time while CR1 is getting processed to show ongoing relationship. Good luck!

It takes about 9 months for the CR1 right? So in that time I will have to make a trip there? Won't email and phone records be enough? What if I can't travel during this time?

thanks for you reply

[san diego 407]

I don't think e-mails and phones will be enough. No one can guarantee one way or another. However, I am almost sure that if you will not travel at least ones during this 9 months CO will deny the visa. This is just my opinion..

[Harpa Timsah 13,258]

You would want, after all you have been through, to start over from the beginning? Can't you marry, borrow money, and wait a few months until he gets his AP to travel?

[Bsze 50]

Or borrow money to file for AOS ASAP, get your NOA1 and then make an infopass appointment to obtain an emergency AP?

[Deputy Purple 1,294]

I don't think e-mails and phones will be enough. No one can guarantee one way or another. However, I am almost sure that if you will not travel at least ones during this 9 months CO will deny the visa. This is just my opinion..

What are you basing these assumptions on?

My wife & I married at the end of Jan 2009, I filed for her CR-1 mid April 2009, she interviewed in November 2009 and there was no question about our marriage despite my not having returned to her country. We had a couple of joint accounts but that's it.

[san diego 407]

What are you basing these assumptions on?

My wife & I married at the end of Jan 2009, I filed for her CR-1 mid April 2009, she interviewed in November 2009 and there was no question about our marriage despite my not having returned to her country. We had a couple of joint accounts but that's it.

It is very unusual and will raise red flags. The fact that married loving people have not met within 6-9 months is a huge red flag for CO. I am not saying that it will completely eliminate OP's chances but given that OP already had K1 and went back, and then have not seen each other for 9 months is a huge red flag.

[Deputy Purple 1,294]

It is very unusual and will raise red flags. The fact that married loving people have not met within 6-9 months is a huge red flag for CO. I am not saying that it will completely eliminate OP's chances but given that OP already had K1 and went back, and then have not seen each other for 9 months is a huge red flag.

Again, what are you basing these assumptions on?

I had not seen my wife face-to-face in 9 months when she had her interview and there was NO QUESTION WHATSOEVER about it. When travel costs a couple thousand dollars and vacation time is limited I'd say most COs understand how difficult it can be to travel overseas more than once a year. BTW, that assumption is based on the shear volume of VJ members who have been apart from their SO (married or not) and never had an issue with it at interview time.

[Sra Gomez 9]

You would want, after all you have been through, to start over from the beginning? Can't you marry, borrow money, and wait a few months until he gets his AP to travel?

the circumstances are difficult, not sure if I can borrow money. Not sure when he will have to leave either...its all really complicated - such is life

What are you basing these assumptions on?

My wife & I married at the end of Jan 2009, I filed for her CR-1 mid April 2009, she interviewed in November 2009 and there was no question about our marriage despite my not having returned to her country. We had a couple of joint accounts but that's it.

Thanks for the reply - good to know that this is an option - I hadn't seen my fiance for 17 months during our K1 process and we didn't have a problem, its safe to assume that I would not need to visit during the cr1 process.

[JimVaPhuong 4,863]

It is very unusual and will raise red flags. The fact that married loving people have not met within 6-9 months is a huge red flag for CO. I am not saying that it will completely eliminate OP's chances but given that OP already had K1 and went back, and then have not seen each other for 9 months is a huge red flag.

Where's the red flag? The consulate already scrutinized their relationship once and issued a K1. If anything, I would think their CR1 would be easier than most. Their situation falls squarely in the category of "sh!t happens". I don't see anything that would cause problems with a CR1 interview.

[bigdog 376]

Hey VJ -

Some background info: I filed a k1, and my fiance arrived May 15th to the US. We had some problems, and I put off the wedding. We have decided to get married in a couple of weeks. I don't have the money to file his AOS yet, so we planned on waiting a bit for that while I save.

Now, here is where it gets complicated...due to a family emergency he has to go back to Peru, I'm not sure when yet, but most likely it will be before I can file for AOS.

Now to my questions:

-If he stays without AOS, and leaves before I file, will he get a ban?

-If we get married here, and he goes back I can file a CR1 - but I wont have any bills or anything with both our names on it - will that be a problem?

It has been the hardest 3 months of my life dealing with so many issues. My fiance and I finally came to a compromise and I just want to make sure I'm doing everything correctly to ensure that he will be able to come back to me.

Thank you so much for your responses in advance and good luck on your own journeys.

~Bela

Get married and file Cr-1, you will have to travel to show relationship ob going. If you leave before AP or AOS you cannot come back. same as stated by San Diego.

[Deputy Purple 1,294]

Get married and file Cr-1, you will have to travel to show relationship on going.

Please show where you get this?

It's not uncommon for members here to not return to their alien spouse's physical presence for the duration of USCIS/NVC & Consular Processing and get Visa approval without issue.

I understand some countries like China & Vietnam are big on the how many trips and how many total days have you been physically together but this is not true for most countries.

[JimVaPhuong 4,863]

Please show where you get this?

It's not uncommon for members here to not return to their alien spouse's physical presence for the duration of USCIS/NVC & Consular Processing and get Visa approval without issue.

I understand some countries like China & Vietnam are big on the how many trips and how many total days have you been physically together but this is not true for most countries.

Even in Vietnam they would have satisfied the consulate's requirements when the first visa was issued. The consulate in HCMC would know that the applicant would never have returned to Vietnam without first getting a green card unless it was a genuine emergency, and they wouldn't insist on seeing additional trips by the US citizen spouse in order to prove the relationship was genuine. The fact that the US citizen spouse filed another petition and completed the process at NVC would be sufficient evidence that the relationship was still valid.

I really don't see any issue here.