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DongLian

What if we don't want a green card!

By DongLian in K-1 Fiance(e) Visa Process & Procedures

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DongLian Newbie

DongLian   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

Hello!

I am a US citizen and my fiance has been approved for k-1 fiance visa. Since starting the process, things have changed and he no longer is intending to work or live in the USA.
We still want to get married but we will be petitioning for me to move to Canada instead. So we don't want to do the lengthy expensive green card process because he has a good stable job in Canada.
That said, I have a few questions:
1) can he still come to the USA to marry me on his k-1 visa if he doesn't apply for green card afterward? If so, when would he need to leave by?
2) Will he be able to visit me freely without a visa since we will be already married and he's only coming to visit, not for any immigration reason.
Thank you very much for any help.. can't seem to find clear answers anywhere... all over it says, "IF your fiance plans to live/work in USA" or "the alien spouse MAY apply for green card" so to me, that says the perm. residence part is optional.
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TBoneTX Grand Master

TBoneTX   43,021

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

1) Sure, and before 90 days.

2) Be prepared for possible refusals of entry at the border. To the CBP, he might have the greatest immigrant intent imaginable.

Remember that the K-1 is a "hybrid" visa -- a nonimmigrant visa with immigrant intent.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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KayDeeCee Grand Master

KayDeeCee   4,891

Posted
Filed: Citizen (apr) Country: Mexico
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Posted

Since the visa is already approved, sure, you could use it to enter the US and get married.

You are given 90 days when entering with a K-1 visa. You have to leave before your 90 days are up, if you are not planning on staying in the US and filing for AOS.

If you can prove ties to Canada and that you have no immigration intent, then you can visit. http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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DongLian Newbie

DongLian   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
  • Author
Posted

Yeah I can see that and it makes a lot of sense! Luckily he might only be coming 2 more times before I go to China to study (a big reason he doesn't want to come here).

We never intended to be here for long anyway.. the end goal was always to move to Canada.. I like it a lot lol.

Thank you friends.. hopefully he can get evidence of being no threat.. especially since we've been going back and forth for years now no problem.

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