Can a K-1 visa holder split their time between the US and Thailand without risking their visa status?

Question

My Thai fiancée has been approved for a K1 visa to the USA. There are a few more steps before she will go for her interview in possibly 4 to 5 months.  The question I have is,  I know the K-1 visa states that we have plans to live permanently in the United States. I am retired so we plan on traveling back and forth, splitting our time between the two countries.  she has family here in Thailand and owns her own home and farm. I have family in the United States and live with my sister at her house. Has anyone been in the same situation and has their K-1 Visa been rejected because of not staying in the United States permanently ? I have stated these plans of splitting time between the 2 countries to the USCIS. Now the approval goes to the UVC for processing before it is approved and sent to the US Embassy in Bangkok. Any suggestions would be appreciated….

Ask Thailand · Answer

The user is inquiring about the implications of splitting time between Thailand and the US with a K-1 visa, which requires the recipient to live permanently in the US after marriage. They express concerns about potential visa rejection due to their plans and seek advice from those with similar experiences. The responses highlight the importance of understanding the visa process, including the requirements after arriving in the US, and the risks associated with frequent travel during and after adjustment of status.

Glenn ***** · Answer

Even if she is married with a green card, immigration will notice multiple travels outside of the US and they will cancll the green card. The only long term solution is citizenship. That is my direct experience.

Cary ****** · Answer

Checkout [url redacted] you’ll find additional info to answer some of your questions. It was invaluable when I went through the process for my fiancé/wife.

Brandon ************ · Answer

You need to understand the entire process.

After your fiance receives the K1 visa, they have 6 months to travel to the US. Once they arrive in the US, you have 90 days to get married and file for adjustment of status.  As part of that adjustment of status, you can also apply for advance parole.  While waiting for the green card, your fiance CANNOT leave the US.  This can take 1-2 years sometimes.  Advance parole gives them the ability to leave during this time, but even advance parole can take a long time to receive.

Once they have a green card, if they want to get citizenship, they are going to have to "reside" in the US for at least 3-years.  If they have no desire to get citizenship, then they just need to avoid being out of the country for 365 days continuously.

Can a K-1 visa holder split their time between the US and Thailand without risking their visa status?

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