Cannot Use K-1 At This Time

[hastings]

My fiancee and I had our K-1 visa approved in mid-August. The K-1 expires in January 2008. We were palnning on moving back, marrying and settling in the USA starting in November. Our plans may have suddenly changed as I now have a once in a lifetime opportunity to work in Thailand on a six month to one year project that would have substantial benefits for my career (I would advance by 10 years and be able to demand top dollar anywhere if successful). We would want to settle in the USA once the project is completed. Obviously this creates a dillema as we decide whether to accept the opportunity.

Can the K-1 be placed on hold if the applicants disciover that they cannot use it within the applicable time period? If we do not use the K-1 will it be more difficult to obtain a K-1 or K-3 in the future? Would we be able to accelerate the process for either visa,or have to restart the process from scratch, i.e., new application, fees, etc.? How have other TV members handled an approved visa that could not be used timely? Any information would be appreciated.

[hastings]

Wow,I cannot believe that there is nobody at TV that has a word of advise or knowledge on this subject. With no intent to insult, I have noticed that TV members have opinions on everything: so why the silence here? Again, any words of wisdom (or even responses that are less than solomonic) are welcomed.

[thaihome]

You should take the job and let the K-1 expire. While you are living in Thailand, get legally married. Once you have obtained the work permit and 1 year extension based on that, you can apply for the spousal visa at the USCIS office in Bangkok a couple of months before your assignment finishes. Assuming they accept that you reside in Thailand (as you will be technically short of the usual one year requirement), the process takes about 3 months.

TH

[Nomad97]

My fiancee and I had our K-1 visa approved in mid-August. The K-1 expires in January 2008. We were palnning on moving back, marrying and settling in the USA starting in November. Our plans may have suddenly changed as I now have a once in a lifetime opportunity to work in Thailand on a six month to one year project that would have substantial benefits for my career (I would advance by 10 years and be able to demand top dollar anywhere if successful). We would want to settle in the USA once the project is completed. Obviously this creates a dillema as we decide whether to accept the opportunity.

Can the K-1 be placed on hold if the applicants disciover that they cannot use it within the applicable time period? If we do not use the K-1 will it be more difficult to obtain a K-1 or K-3 in the future? Would we be able to accelerate the process for either visa,or have to restart the process from scratch, i.e., new application, fees, etc.? How have other TV members handled an approved visa that could not be used timely? Any information would be appreciated.

If it is a once in a lifetime opportunity I cannot understand why you have a dilemna. Go for it and sort out the other stuff later. As for K1 or K3 visas - I do not have a clue what you are talking about. Cannot advise on the second point.