Further question about adjustment of status following K-1

[Veuve]

I am British citizen and I recently married my US fiance on a K-1 visa. I'm just about ready to file for AoS. However, recent events in our wider family mean that we may now in fact have to return to live in the UK. I'm wondering if it is now worth filing for AoS. I know that if successfully adjust my status but then don't reside in the US I will lose residency, right to work etc. However, there is a strong possibility we will want to live in the US at some point in the future.

So, I am wondering if successfully going through AoS process now would make the process easier at some hypothetical point in the future, or does one simply have to start all over again? In other words, is there any point in going through the expense and trouble of going through AoS now if we're not going to live in the US (but may want to in the future)? Hope that makes sense.

Thanks in advance.

[rayb]

If you are prepared to stay in the U.S. until you obtain your Green Card through the Adjustment of Status procedure, you will then be able to reenter the U.S. after time spent in the U.K. If you reenter too frequently, you should get a "Reentry Permit," which will protect your U.S. status for up to two years while you are out of the U.S.

If you cannot do the above, you may expect the need to be re-petitioned as an immigrant spouse to reacquire U.S. Green Card status.

--Ray B

I am British citizen and I recently married my US fiance on a K-1 visa. I'm just about ready to file for AoS. However, recent events in our wider family mean that we may now in fact have to return to live in the UK. I'm wondering if it is now worth filing for AoS. I know that if successfully adjust my status but then don't reside in the US I will lose residency, right to work etc. However, there is a strong possibility we will want to live in the US at some point in the future.

So, I am wondering if successfully going through AoS process now would make the process easier at some hypothetical point in the future, or does one simply have to start all over again? In other words, is there any point in going through the expense and trouble of going through AoS now if we're not going to live in the US (but may want to in the future)? Hope that makes sense.

Thanks in advance.

[Veuve]

If you are prepared to stay in the U.S. until you obtain your Green Card through the Adjustment of Status procedure, you will then be able to reenter the U.S. after time spent in the U.K. If you reenter too frequently, you should get a "Reentry Permit," which will protect your U.S. status for up to two years while you are out of the U.S.

If you cannot do the above, you may expect the need to be re-petitioned as an immigrant spouse to reacquire U.S. Green Card status.

--Ray B

Thanks Ray. Sounds like its probably worth doing AoS.

But when you say "may expect the need to be re-petitioned as an immigrant spouse to reacquire U.S. Green Card status," this wouldn't be starting the whole K-1 process from the very start?

[rayb]

If you are married, and you you remain in the U.K. without a U.S. Green Card, or if your U.S. Green Card expires (or is abandoned), you will have to be repetitioned as an immigrant spouse, a process currently taking 10+ months.

--Ray B

Thanks Ray. Sounds like its probably worth doing AoS.

But when you say "may expect the need to be re-petitioned as an immigrant spouse to reacquire U.S. Green Card status," this wouldn't be starting the whole K-1 process from the very start?