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K-1 Arrival, Marriage but no adjustment of status

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  • K-1 Arrival, Marriage but no adjustment of status

    I am a US citizen (born in India with Indian citizenship, eventually got naturalized in US). Now I have OCI card so I can go/work in India if needed. My fiance arrived in US from India 1 month ago and we are married now. I didn't file her adjustment of status yet and there is a change in plan. We are planning to live in US for next 1 year and then go back to home country (India) and live there for coming 7 years due to some personal emergency. Is there any other visa or any other status I can apply for her so that her stay in US is legal for next 1 year.

    I don't want to file adjustment of status (green card) because eventually we will have to cancel it as we won't be able to maintain residence status for her in coming 7 years due to our stay outside USA. What options I have?

    Also, after 7 years, when we head back to US, and I will be applying for her green card from India, will all this create any issue?

  • #2
    Unless she otherwise qualifies for some long-term nonimmigrant status like F1 student status or H1b work status, there isn't really a way for her to stay legally for 1 year other than filing for Adjustment of Status.

    She could leave the US and try to re-enter on B2 visitor visa, but 1) there would be a great chance of denial of entry for immigrant intent since she is married to a US citizen and was previously petitioned for K1, and 2) B2 status would only last 6 months at most.


    This is my personal opinion and is not to be construed as legal advice.

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