Rusty Chainsaw

Me and the (American) missus are heading back over there to visit the in-laws in a couple of months, and I need to make sure there won't be any issues.

To clarify the situation, we applied for a K-1 visa, got it, then went to the US, got married, but didn't stay in the US long enough to adjust status - we're presently back in the UK. Last time we visited, I got taken aside by immigration and told that I had to abandon my A-number. I can't find a form for this - the only one is a form for abandonment of permanent resident status, that requires you to send in your green card (which I don't have).

Does this sound right to you? Help!

meauxna

I don't think you can abandon your A number--it is yours for life.
There *is* a form for abandoning your Permanent Residence, but since you never got it (didn't complete AOS) you aren't and weren't a PR. You may have received mangled information (it happens).

Your best evidence is current proof of living in the UK AND your USC wife's residence there (like her ILR stamp, or whatever it is these days).

ian-mstm

There's a few unanswered questions here... did you file the papers to adjust your status? If so, did you apply for Advance Parole? If so, did you receive Advance Parole before leaving the US. If the answer to any of these questions is "no", then you have effectively pissed away whatever hoops you jumped through to get the K-1 visa.

This being the case, you and your your USC wife are now back to square one and she must now apply for a spouse visa for you. You will *not* be able to move back to the US until such time as you have the new visa. It *may* be possible for you to visit the US on the VWP or B-2 visa... but your chances of getting either one are slim since you now clearly have immigrant intent and you have a USC wife.

Ian

Elvira

But according to what he says he has no intention of wanting to immigrate at the present time...

If he can provide proof that he and his wife are now settled in the UK, he should be able to visit the US - although I expect that, until he has entered and left a few times, he is likely to face questioning every time.

I'm not sure whether it would be better to continue using the VWP or apply for a B2 though. If it were me I would try using the VWP again and see what happens.

Rusty Chainsaw

No, we didn't file for AOS. I got a good job offer back over here, and we decided I should take it. We're well aware that if we ever do decide that we do want to move back to the US at some point in the future, we'll be back to square one. But this time, we're not planning to stay more than a couple of weeks, and, as suggested, we'll take stuff like work contracts, tenancy agreement, etc with us to make sure.

ian-mstm

I misinterpreted... my bad. Meauxna's right on track with this. Your A# is yours for life, there's no form to "abandon" it, and the officer you spoke to is an idiot. You might consider applying for a new UK passport... one that doesn't have a K-1 visa in it... and would be less likely to lead to questions.

Ian

Squentna

On Jul 21, 7:37 pm, Rusty Chainsaw
<[email protected]> wrote:
> Me and the (American) missus are heading back over there to visit the
> in-laws in a couple of months, and I need to make sure there won't be
> any issues.
>
> To clarify the situation, we applied for a K-1 visa, got it, then went
> to the US, got married, but didn't stay in the US long enough to adjust
> status - we're presently back in the UK. Last time we visited, I got
> taken aside by immigration and told that I had to abandon my A-number. I
> can't find a form for this - the only one is a form for abandonment of
> permanent resident status, that requires you to send in your green card
> (which I don't have).
>
> Does this sound right to you? Help!
>
> --
> Posted viahttp://britishexpats.com

We did the same thing in 1993. I queried this group and others before
abandoning. The important thing is not to overstay if you decide not
to marry and abandon.
Just because someone has an A-number doesn't mean the government's
going to force them to marry. people get cold feet and other
priorities all the time.
The K-1, A-number has conditions and expectations which you must
comply with and if you can get it together then you may abandon it.
This is certainly not a crime. You entered legally. I also
understand that there is no reporting obligation when the person
exits. Just don't overstay, because that's the violation. They might
ask you to show that you didn't overstay... which would be easy with a
home country passport, and 'general living documents'...
If anyone asks, just say yes I'm the same guy and our plans have
changed. Hardly seems like a big deal.

Just Jenney

Sorry, but did you actually bother to read the OP's post? He came on a K1, got married, then returned to the UK permanently. He wants to come for a short visit on the VWP.

What are you going on about?

Also, I wasn't aware this newsgroup existed back in 1993 -- I thought it was created in 1998. Maybe it was some other group you're talking about.

~ Jenney

ian-mstm

This forum was an offshoot of alt.visa.us... and that's probably the newsgroup he's talking about. You're right though, this newsgroup was created in late 1997.

Ian

Squentna

On Jul 21, 9:37 pm, Jenney & Mark <[email protected]>
wrote:
> > On Jul 21, 7:37 pm, Rusty Chainsaw
> > <[email protected]> wrote:
> > > Me and the (American) missus are heading back over there to visit
> > > the
> > > in-laws in a couple of months, and I need to make sure there won't
> > > be
> > > any issues.
>
> > > To clarify the situation, we applied for a K-1 visa, got it, then
> > > went
> > > to the US, got married, but didn't stay in the US long enough to
> > > adjust
> > > status - we're presently back in the UK. Last time we visited, I got
> > > taken aside by immigration and told that I had to abandon my A-
> > > number. I
> > > can't find a form for this - the only one is a form for abandonment
> > > of
> > > permanent resident status, that requires you to send in your green
> > > card
> > > (which I don't have).
>
> > > Does this sound right to you? Help!
>
> > > --
> > > Posted viahttp://britishexpats.com
>
> > We did the same thing in 1993. I queried this group and others before
> > abandoning. The important thing is not to overstay if you decide not
> > to marry and abandon.
> > Just because someone has an A-number doesn't mean the government's
> > going to force them to marry. people get cold feet and other
> > priorities all the time.
> > The K-1, A-number has conditions and expectations which you must
> > comply with and if you can get it together then you may abandon it.
> > This is certainly not a crime. You entered legally. I also
> > understand that there is no reporting obligation when the person
> > exits. Just don't overstay, because that's the violation. They might
> > ask you to show that you didn't overstay... which would be easy with a
> > home country passport, and 'general living documents'...
> > If anyone asks, just say yes I'm the same guy and our plans have
> > changed. Hardly seems like a big deal.
>
> Sorry, but did you actually bother to read the OP's post? He came on a
> K1, got married, then returned to the UK permanently. He wants to come
> for a short visit on the VWP.
>
> What are you going on about?
>
> Also, I wasn't aware this newsgroup existed back in 1993 -- I thought it
> was created in 1998. Maybe it was some other group you're talking about.
>
> ~ Jenney
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

sorry about the year it was 2003 (1993)... ~me