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  • Change of Status/Permanent Residence


    I (British national & resident) have successfully obtained a K1 Fiancé VISA by way of my intention to settle in the US. I travelled on this last month and married my Fiancé as per the requirement of the one entry entitlement. I have now returned to the UK where I am working my notice period& selling my UK property (it advised you not too do this until the VISA was granted). I believe I now need to apply for a change of status/green card which will enable me to permanently settle (& work) in the US. As I am now outside of the US, what is the appropriate/quickest course of action. I’m worried that as I wasn’t able to stay in the US I may have to start a new process
    Last edited by EdgarIsmael; 07-31-2020, 05:06 AM.

  • #2
    Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a Green Card). In general, if you are seeking immigrant status (a Green Card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

    Unfortunately the K1 is a single-entry visa. This means once you enter through a port of entry, it is essentially useless. It does not allow you to leave the country and re-enter.

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    • #3
      As you are outside of the United States, you now need to apply for a green card through consular processing.

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      • #4
        You may have to reapply for K-1 visa because K-1 visa only allows a single entry unless you already have an advance parole from filing adjustment of status in the United States. If you did not apply for adjustment of status and receive your advance parole, you cannot return to the United States. Currently, a presidential proclamation prohibits returning to the US on ESTA so you should be prepared to not be able to come back for several months.

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        • #5
          Originally posted by jack.c.sung View Post
          You may have to reapply for K-1 visa because K-1 visa only allows a single entry unless you already have an advance parole from filing adjustment of status in the United States. If you did not apply for adjustment of status and receive your advance parole, you cannot return to the United States. Currently, a presidential proclamation prohibits returning to the US on ESTA so you should be prepared to not be able to come back for several months.
          The OP already married; they are no longer fiance, and is not eligible for K-1. To immigrate now, they must be petitioned as a spouse.

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

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          • #6
            He could technically apply for the K-3 nonimmigrant visa using the I-129F

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            • #7
              Originally posted by longee94 View Post
              He could technically apply for the K-3 nonimmigrant visa using the I-129F
              K3 is obsolete and is basically impossible to get. The I-129F can only be filed after the I-130 is filed, and based on how they process it, the I-129F will not be approved before the I-130, and when the I-130 is approved, the person is not eligible for K-3 anymore.

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

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