K-1 without residing in US

[amiller030]

My fiance and I live in the UK and will receive a K-1 visa shortly to marry in the US. However, we have decided to remain living in the UK. If we do get married in the US under the K-1 visa and then come back to the UK what will be the process when we eventually want to move back to the US? Do we just get a spouse visa and then start the whole process from AOS forward? Many thanks

[amiller030]

re

Can anyone help with this? Does it help us when we file for AOS that we were married in the US or does it even matter?

[CharlieAK]

If you don't want to live in the US, you don't have to file for AOS at all. Since the "result" of the AOS process is the Greencard, it wouldn't help you at all at the moment (Greencard is for living and working in the US).

In your case, you can just get married in the US (you could even do that as a tourist, if you wanted) and then you'd go back to the UK to live. If, at some point in time, you want to move to the US, you'd apply for a spouse visa (either K-3 or - preferably - CR-I/IR-I) ahead of time and move after you receive the visa.

Charlie