Want the K1 but only for the wedding

[InChina 0]

Hello,

I just am wondering. I looked at the form from the immigration department for me to request the visa. I want to bring my fiance (a Chinese national) home this summer to have the wedding , but we will be returning to live and work in China afterwards. The form requests specific immigration information. What I want to know is how I can apply for the visa while assuring immigration that my only intention for returning home is to have the wedding and that we will not be planning to settle in the U.S and she will not be applying for residency in the U.S (at least for now). We plan to return to China afterwards and live and work. Has anyone experienced this before? I just want to make this as painless and transparent as possible.

[~Laura and Nick~ 5]

Why not get married in China?

This seems like a huge waste of time and money. It can be done though.

She could come over a K1, get married and then just leave, never filing AOS.

Just seems like a waste to me though.

Best of luck!

[BishopMnA 0]

Hello,

I just am wondering. I looked at the form from the immigration department for me to request the visa. I want to bring my fiance (a Chinese national) home this summer to have the wedding , but we will be returning to live and work in China afterwards. The form requests specific immigration information. What I want to know is how I can apply for the visa while assuring immigration that my only intention for returning home is to have the wedding and that we will not be planning to settle in the U.S and she will not be applying for residency in the U.S (at least for now). We plan to return to China afterwards and live and work. Has anyone experienced this before? I just want to make this as painless and transparent as possible.

Hello InChina,

Congrats on the upcoming wedding!

A K1 is an immigration based visa. However, if you go through the process and get married, and then decide not to file for Adjustment of Status for your wife (so that she can legally remain in the United States and get her greencard), then there will be no penalty in that. You can get married and then leave.

However, she should be able to come on a tourist visa (if she can get one) and get legally married in the United States. There is no law against that either, provided that she has no intent on immigrating/staying in the United States. This would be less of a hassle and less costly.

Peace,

MarkNAAm

[Dan J 277]

Hello,

I just am wondering. I looked at the form from the immigration department for me to request the visa. I want to bring my fiance (a Chinese national) home this summer to have the wedding , but we will be returning to live and work in China afterwards. The form requests specific immigration information. What I want to know is how I can apply for the visa while assuring immigration that my only intention for returning home is to have the wedding and that we will not be planning to settle in the U.S and she will not be applying for residency in the U.S (at least for now). We plan to return to China afterwards and live and work. Has anyone experienced this before? I just want to make this as painless and transparent as possible.

The correct visa in your case is a B-2 visa. While it may be more difficult to get, it will at least be worth a shot. It takes alot less time than a k-1 visa.

A k-1 visa is for a fiancee to enter the US, get married, and the apply for permanent residency. You could use it in your case if you could not get a B-2 visa. But because of the immigration intent with this visa, it will take more time to get. It could take anywhere from 3-9 months. Depending on the processing time for visas in China.

[pushbrk 14,516]

Hello,

I just am wondering. I looked at the form from the immigration department for me to request the visa. I want to bring my fiance (a Chinese national) home this summer to have the wedding , but we will be returning to live and work in China afterwards. The form requests specific immigration information. What I want to know is how I can apply for the visa while assuring immigration that my only intention for returning home is to have the wedding and that we will not be planning to settle in the U.S and she will not be applying for residency in the U.S (at least for now). We plan to return to China afterwards and live and work. Has anyone experienced this before? I just want to make this as painless and transparent as possible.

Since the chances of a single Chinese woman getting a tourist visa are slim and none, the K1 might be thought a viable option. However, since you don't have a job in the US, you'd need a co-sponsor and a US domicile address to use. It might work but really the fiance(e) visa is intended for the fiance(e) to immigrate by adjusting status after the marriage in the USA. It is not intended for bringing a fiance to the USA just to have a wedding and leave.

Frankly, I would advise against the attempt because it would require an element of deceit, never a good idea with immigration officials.

If your family wants to be at the wedding, let them come to China for a nice banquet. As you may know, the "wedding" (at least the legal part) is done in a relatively small office and consists more of paperwork than ceremony. You do each take a brief oath but there's nothing private or special about it in my experience.

You may then have whatever ceremony or party you wish while any family or guests from both sides attend.

Unfortunately, you are going to have a long term issue with getting your wife to the USA for a visit. Once married, if you have property you would be leaving behind, perhaps she could get a B2 visa. Certainly, any time she wishes to immigrate, the only problem is likely to be the time factor. You can simply file DCF (see the guides) six months or so before you wish to move to the US, if ever.