Naive question perhaps

[pak 0]

pak,

I wonder what the PLU would say if you referred them to 9 FAM 41.81 Notes, N11?

Yodrak

What's 9 FAM 41.81 Notes, N11?

[meauxna 15]

psst: what is google?

[pak 0]

Well why complicate? In order for her to return to the US after you leave you're gonna have to go thought the K3 process. Do you plan on not live in the States? Because after you get married and leave the States and you decide to go back together to the States she's gonna have to start a long K3 process, they won't let her enter with a tourist visa anymore, am i wrong?

Well, firstly it's not me who's proposing this.

But my comments were entirely relevant to OP, who wishes to return, with his wife, to Ukraine after marriage.

Consider this:

They do a long K1 process. She enters the USA, they marry, and she leaves soon after. In that case the K1 will have been a waste of time - she'll still need to apply for a CR1 (and, optionally, K3). So I don't think that raising these points is a needless complication.

Of course, if they intend to travel to the US, marry and settle there (with no intervening time in Ukraine) then K1 is the only legal option.

As stated earlier, we plan return to Kiev and at some point later file DFC. Of course, this is just an idea and if CBP/Consulate finds it 'not legal', we might end up simply filing K1.

psst: what is google?

Thanks for the hint

9 FAM 41.81 N11 ALTERNATIVE CLASSIFICATION (CT:VISA-756; 07-27-2005) The inclusion of INA 101(a)(15)(K) in the nonimmigrant classifications is not intended to prohibit an alien fiancé(e) of a U.S. citizen from applying for and obtaining an immigrant visa (IV) or a nonimmigrant visa (NIV) under another classification, if the alien can qualify for an alternative classification. For example, an alien proceeding to the United States to marry a U.S. citizen may be classified B-2, if it is established that following the marriage the alien will depart from the United States. (See 9 FAM 41.31 N11.1.)