Is K1 for me?

[blackspec 0]

Good afternoon,

I am having a hard time understanding if I need a K1 visa or something different. I am currently engaged to a Colombian and we are working together in Mexico City. After 2 attempts at getting a tourist visa to meet my family (both parents are handicapped and have a hard time traveling) we decided to move the wedding to the United States. We do not plan on living in the United States after the wedding thou. I know the I-130 is used if we are already married overseas but this is not the case. I am hoping you guys can give me some advice on the best plan of attack. Thanks in advance for the help.

[Georgia16 2,858]

A visitor visa would be fine...

[Kastrs 723]

Apply for a K1 visa, the guides will help you with what you need (I am interpreting your post to mean your fiance already applied for and was denied a tourist visa 2x)

Edited August 30, 2016 by Kastrs

[Dutchster 1,106]

You could use the K1 and get married in the United States but personally, that's a waste of money and time. If both of you do not intend on living in the US after the marriage and adjusting her status, she can not return to the US if you eventually want to settle there. You'll have to start all over again with the CR-1/IR-1 visa which can take up to a year living apart before she can enter the United States with a valid visa.

[blackspec 0]

Kastr and Georiga- Correct we have applied for the visitor visa twice and both times she was denied. That is why the idea of a K1 came up since we plan on getting married in the near future.

Stephadams- If we do the K1 she is not allowed to come back unless we settle in the US?

The main point of everything is to allow her to come into the US even if we are living overseas. I would hate to get married and have a child while leaving her here to go see my parents.

Thanks everyone for the input so far.

[Dutchster 1,106]

If she leaves before she had adjusted her status upon marriage, she will not get to enter the United States even though she is your wife. Either she stays with you until she has her greencard or she goes back and you file again but for CR1. It's unlikely they will issue her a visitors visa after two denials but you can always try again.

Edited August 30, 2016 by stephadams

[blackspec 0]

Aww ok. Yeah we would be coming to the US on holiday. We are both teachers and have already signed a contract to stay overseas for the next 3 years. Do you think it would be easier to get married overseas and then apply after that?

[Georgia16 2,858]

If you want to marry in US and the tourist visa was denied then K-1 will be your option. But it is a one time visa. She will not be allowed to come back at any time to visit on that visa. Staying and AOS so she gets GC is no option either since you will return and live aboard then she will loose it anyway.

If you want to live in US at some point then you'll have to do the CR-1/IR-1 visa.

And until that then all you can do is try and get visitor visa even as married if you ever want to just visit together.

[Ontarkie 13,902]

If you don't plan to live in the US none of the visa's will work for you.

You would need to provide information that you can support her, show how you plan to return to the US to live.

[USC1961 251]

Aww ok. Yeah we would be coming to the US on holiday. We are both teachers and have already signed a contract to stay overseas for the next 3 years. Do you think it would be easier to get married overseas and then apply after that?

Yes most definitely easier. K1 takes a minimum 6 months for approval and would simply be a waste of time and money if you don't plan to live there for a few years. Not to mention the fact that you as a petitioner need residency in the USA to file. When you do decide to move to the USA in the future you can do a CR-1. Good Luck and congrats!

[Unlockable 7,306]

There is a potential for your wife to show stronger ties to return Colombia if you two are working and have established domicile there. So after you marry she can probably show that you and her have a life in Colombia when applying for a tourist visit again.

[blackspec 0]

Thank you all very much. I am disappointed that it will not be as easy as a K1 (not that those are cheap and easy) but am happy I did not already start that process. I think hearing all of you the best plan is to just marry either here in Mexico where we work or maybe this summer in Colombia then try for another tourist visa so she can meet my parents. The reason for denial both times was pretty much she has never shown content staying in one place and they figured she would overstay the visa. This is due to our jobs and desire to see other cultures. We plan on buying some land to retire in Colombia next year (retirement is far but land is cheap right now) so maybe that will help the case. Thank again for all the help.