K-1 or Tourist visa?

[getchagoodd 0]

Hello.

I'm a US Citizen and have been living in Argentina (my home country) for the past 9 years. I've been in a relationship for the last 2 years. A couple of weeks ago my family (also citizens) and I decided to move back to the US. My father will be leaving next weekend; the rest of us, in a couple of months. My boyfriend is NOT a US Citizen and has never been abroad.

At first we considered the possibility of him entering the US on a tourist visa a couple of months before me and after my arrival waiting another month or so and then getting married and filing for his adjustment of status. Now I'm having second thoughts because we will have to 'pretend' that we met in the US and decided to get married there so that he wouldn't be under visa fraud, and I'm scared things will go wrong because he entered on a tourist visa, overstayed it and got married about 3 months later.

On the other hand, we considered filing for a K-1 visa but first, we don't know if we can file it if we are both living abroad (I already mailed the US Embassy regarding this, I'm waiting for their answer), specially because of the affidavit of support situation since we don't have anything in the US. My father will be moving back there this weekend but is going to stay at a friend's house until he finds a job so he doesn't actually have anything to be my cosponsor (plus my mom was a resident but her green card expired so he's filing for a inmigrant visa for her once he gets there so he'll be her sponsor and I don't know if he can also be mine).

Basically I don't know which decision would be best. We don't want to spend that much time apart but I'm also scared if he enters on a tourist visa and something goes wrong there's not gonna be a way for him to re-enter the US later.

Thanks!

[p-ana 933]

He can't enter with a non immigrant visa with intent to stay and adjust, that is fraud.

You can either go for the k1 (fiancé to get married inside the USA) or the cr1 (spousal visa). Both will require sponsorship so you'd need to find a co sponsor/ joint sponsor since you're not established here.

Any option you choose, just know that this isn't a fast process and you'll need a lot of patience. Everyone here had to deal with being away from their loved ones and it isn't the end of the world

Get to reading, educate yourself on your options, ponder everything and go for it.

Best of luck

[Ben&Zian 4,397]

Well the K-1 would be your best option. As you stated, entering on a tourist visa with your intent, is fraud, also you would still need to file the I-864 form for support during the AOS stage, which if for the I-134 form youre concerned about, wouldn't work either.

For the I-134 affidavit of support, you need to make 100% of the poverty line. For the AOS I-864 you need to make 125%.

Now, while you are concerned about the I-134 for the K-1, that form and proof of employment and financial documentation does not need to be presented until the interview phase(maybe 5-7 months). So by then could you and your family establish income to be able to sponsor/co-sponsor your fiance? Also, if using a co-sponsor, it is not limited to family, it can be any other USC (friends, future co-workers, ect..)

Make sure familiarize yourself also with all the guides here as they will help you alot.

Edited November 23, 2016 by Ben&Zian

[Boiler 43,433]

Does he have a tourist visa?

[getchagoodd 0]

Does he have a tourist visa?

No. He doesn't and never had one.

Edited November 23, 2016 by getchagoodd

[getchagoodd 0]

Well the K-1 would be your best option. As you stated, entering on a tourist visa with your intent, is fraud, also you would still need to file the I-864 form for support during the AOS stage, which if for the I-134 form youre concerned about, wouldn't work either.

For the I-134 affidavit of support, you need to make 100% of the poverty line. For the AOS I-864 you need to make 125%.

Now, while you are concerned about the I-134 for the K-1, that form and proof of employment and financial documentation does not need to be presented until the interview phase(maybe 5-7 months). So by then could you and your family establish income to be able to sponsor/co-sponsor your fiance? Also, if using a co-sponsor, it is not limited to family, it can be any other USC (friends, future co-workers, ect..)

Make sure familiarize yourself also with all the guides here as they will help you alot.

Thanks for your reply. Yes, I could file for the visa and leave only when the last steps (the interview and such) are left so I can start working and establishing and income.

[Harpa Timsah 13,258]

No. He doesn't and never had one.

Highly unlikely he would get one anyway, making idea one impossible.

[getchagoodd 0]

Highly unlikely he would get one anyway, making idea one impossible.

Why wouldn't he get one? If he meets the criteria for a tourist visa (plus we're not married, so he could say he's single)...

[p-ana 933]

Why wouldn't he get one? If he meets the criteria for a tourist visa (plus we're not married, so he could say he's single)...

If he lies on his application saying he doesn't know anyone here, he's single, etc, it can all come up when and if you decide to file an immigrant petition or fiancé petition.

[C-ma'am 684]

Why wouldn't he get one? If he meets the criteria for a tourist visa (plus we're not married, so he could say he's single)...

If he says he is single, he would be lying. That could be worse.

He doesn't have to volunteer information at the interview, but he can't lie if directly asked.

Why not get married in Argentina and do a spousal visa? That way he can work as soon as he sets foot in the US? Either way, you will have to be apart at one point or another.

Edited November 23, 2016 by Celeste & C

[Pennycat 880]

If he says he is single, he would be lying. That could be worse.

He doesn't have to volunteer information at the interview, but he can't lie if directly asked.

Why not get married in Argentina and do a spousal visa? That way he can work as soon as he sets foot in the US? Either way, you will have to be apart at one point or another.

That will be "when directly asked". They will ask who he's going to visit. Then ask about the nature of their relationship. 100 out of 100 times.

OP: I know it's a rough situation, and one that most of us here have been faced with. You'd very likely be wasting your time and money going for a tourist visa and even if he got it (which is unlikely with these circumstances), what you've proposed is fraud. Plus, just logically-- he wouldn't be able to work, and he'd be just an extra person to house and feed while you and your dad get set up in the US. I've got a stable, relatively high paying job and the 6 months my husband couldn't work were a financial disaster.

Could you do what your father is doing? Move back ahead to establish domicile so that you can petition for your boyfriend? If they can handle separation for a few months, you probably can do.

[Pitaya 2,576]

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