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Sponsor applied for I-129F but got temporary job outside USA

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  • Sponsor applied for I-129F but got temporary job outside USA

    Hello all!

    I am a US citizen and petitioned the USCIS to grant my fiancee a K1 visa whom I have known for 2 years and have met her a lot of times in the 2year period. But after sending the petition, I received an excellent but temporary job offer from an institute outside USA which I will be joining for 2-3 years. What are my options? I sent the I-129F packet in late January and I will be joining my new job in Sept. Now, I am confused about what to do with this K1 petition?
    1) Should I cancel it, go to her country, marry and apply for spouse immigration later?
    1.1) If yes, can I apply for her permanent migration process while I am working in the foreign country?
    1.2) Will withdrawing this petition affect her future immigration process?
    2) Should she come to USA using K1, I marry her, not apply for AoS and leave for the new country together? And then later apply for her permanent migration from the foreign country where I will be working for a couple of years?
    2.1) If yes, should I mention that my future job is outside USA when sending her I-134 for K1 processing?
    3) Should she come to USA using K1, I marry her and also apply for AoS though I will be outside USA? (I can come back for the interview if needed)
    3.1) In such a case will she be granted AP to come with me to the foreign country to help me settle down?

    I have no idea - please help me with new options if you know. Any help appreciated.

  • #2
    Originally posted by jurassicpark View Post
    Hello all!

    I am a US citizen and petitioned the USCIS to grant my fiancee a K1 visa whom I have known for 2 years and have met her a lot of times in the 2year period. But after sending the petition, I received an excellent but temporary job offer from an institute outside USA which I will be joining for 2-3 years. What are my options? I sent the I-129F packet in late January and I will be joining my new job in Sept. Now, I am confused about what to do with this K1 petition?
    1) Should I cancel it, go to her country, marry and apply for spouse immigration later?
    1.1) If yes, can I apply for her permanent migration process while I am working in the foreign country?
    1.2) Will withdrawing this petition affect her future immigration process?
    2) Should she come to USA using K1, I marry her, not apply for AoS and leave for the new country together? And then later apply for her permanent migration from the foreign country where I will be working for a couple of years?
    2.1) If yes, should I mention that my future job is outside USA when sending her I-134 for K1 processing?
    3) Should she come to USA using K1, I marry her and also apply for AoS though I will be outside USA? (I can come back for the interview if needed)
    3.1) In such a case will she be granted AP to come with me to the foreign country to help me settle down?

    I have no idea - please help me with new options if you know. Any help appreciated.
    First of all if you applied for K1 now it would most probably not be approved till September anyways or later. You can't have here arrive here on a K1 marry and not do AOS as she is out of status and she cannot travel without AP. Well she can travel but will not be re admitted to the USA. You have to show employment as well and a residence here in the US to be able for her to come here. You could go and marry here there and then come back to US and start CR1 spousal application, then you wait for that to be approved which is roughly the same time as K1 now. She would be in her country and have interview and then arrive here in the US, But surely you don't expect her to come to the US if you are not here? She has to have somewhere to live and someone to greet her. Yes granted if she comes on a spousal visa, she should have passport stamped with temporary green card status valid for 1 year till she gets her 10 yr one in the mail, approx 3 weeks.
    Q3 she can come to US on K1 visa marry and you apply fro AOS but she needs to have AP in hand before she can go anywhere and that can take up to 2-3 months. Even then she can and should only be away from US 6 months even though it says 12 months but she has to show that she has not abandoned her AOS status. You really are in a tight bind here but to be honest I would cancel your 129f petition and explain why and reapply when you are back in the states permanently. Just my opinion is all.
    Last edited by barbarajlw; 03-08-2011, 10:39 AM.

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    • #3
      Thank you so much for your reply. I am going to withdraw the I-129F petition as its not going to be of much use as we are planning to stay together (we are fed up of staying away and living in installments instead of staying together at a stretch). So I am planning to go there, marry her and then both of us can apply for the foreign visa in our respective countries.
      1) Now, she has a visitors visa for the US. Do you think, instead of me going there, she can come here, we get married, apply for the foreign visa together and move to the new country (for 2 yrs) together? Will that be a good idea and more importantly, legal and less harmful for future applications?
      2) One more thing, will withdrawing I-129F today, affect her future applications (when I will apply for her permanent migration once I settle down in the US)?
      3) Oh, will withdrawing affect her visitors visa?

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