What's the best option?

[risk13rml 0]

My fiance with K1 visa is coming to the US next week. Our plan is to get married within two weeks then he goes back home to the Philippines to finish up his project there. We don't have any plan on applying for adjustment of status. I plan on applying for K3 visa or IR-1 so he could come back to the US. Is this possible? OR we have to apply for AOS and wait for his advance parole before he could go in and out of the US. I talked to USCIS customer service representative and told me that we can't apply for spousal visa if my fiance (with K1 visa) and I got married in the US. We only have to apply for AOS. But I got confused when I read some of the forums here. I got the impression that if a married person who came thru K1 visa leaves the USA without AP, then the spouse should apply for spouse visa in order for that person to enter the US. So I thought instead of applying for AOS, I'll just apply for spouse visa? Could I do that? What's the best thing to do? Any advise will be greatly appreciated.

[~Laura and Nick~ 5]

Wow, that sounds like a complete waste of money and time.

You know that your fiance has up to 6 months to use the visa after he receives it right? Why doesn't he finish up the project, then come over when he's ready to stay.

K3's or CR1's take quite awhile.

I don't believe what you were told is correct.

So let's say you get married on the K1 and then he returns home before filing AOS and the USCIS rep said that he can just come back over and apply for AOS? I think not.

He would have to file for a spousal visa to gain entry again to be able to file for AOS.

If you do decide to do this, you could file for AOS right after marriage and wait the few months for advanced parole. That way you aren't wasting so much time. AP usually takes about 3 to 4 months to get....can the project wait?

Edited April 19, 2008 by ~Laura and Nick~

[risk13rml 0]

His K1 visa is actually expiring on April 25th ;-( I talked to Us Embassy in Manila if the visa could be reissued after it expires and not used at all. I was told that it could be reissued but there's no guarantee. So we thought it's better to use the fiance visa and get married while he's here in the states and then he goes back to the Philippines. While finishing his project, I'll petition him for spouse visa. I know it's such a waste but I wish the project could wait but it has a deadline. I'm trying to understand his situation and don't want him to choose between me and his project but it's really tough. But the question is that will we enounter some problems later on when I apply for the spouse visa?

[~Laura and Nick~ 5]

His K1 visa is actually expiring on April 25th ;-( I talked to Us Embassy in Manila if the visa could be reissued after it expires and not used at all. I was told that it could be reissued but there's no guarantee. So we thought it's better to use the fiance visa and get married while he's here in the states and then he goes back to the Philippines. While finishing his project, I'll petition him for spouse visa. I know it's such a waste but I wish the project could wait but it has a deadline. I'm trying to understand his situation and don't want him to choose between me and his project but it's really tough. But the question is that will we enounter some problems later on when I apply for the spouse visa?

Wow, that is really really sad.

I'm very sorry.

There's no one there that can finish the project? He's planning on moving to the United States, there is no way he can get out of it?

I don't think you'll have problems but I'm not too familiar with K3 visas...you may want to post in that forum to get a better understanding of the situation.

Sorry again.

Best of luck!

[David-and-Mae 15]

If it's really necessary that he goes back to the Philippines after you got married, then he can do that. And you're right about this:

I got the impression that if a married person who came thru K1 visa leaves the USA without AP, then the spouse should apply for spouse visa in order for that person to enter the US.

You wouldn't have any problem doing that (petitioning him thru spousal visa) since he entered legally as K1 and got married within 90 days and didn't violate any laws. Although it's going to be another waiting time for the two of you. But it looks like you have really thought about it and have embraced all the facts. I'm proud of you for not making him choose between you and his job.

--Mae

[Penguin_ie 6,005]

What you are proposing is possible, but like the others said, it'll b a huge waste of money and time, as the K3/ CR1 won't be any faster or cheaper than it would normally be, ie you'll be apart for another year or more. Unless he has AP (or a visitors visa, which he is unlikely to get under the circumstances), he will not be able to visit you in the US until the K3 is approved in another year or more.