Do we need a K1?

[BrittNeal 0]

My fiancee and I are planning on getting married in California September 2009. He is in the process of applying for his tourist visa to come visit me at Christmas.

We are not planning on residing in the US after we get married. We will be living in Guatemala, where he is from for at least 3 years and were planning on dealing with residency/citizenship if/when we decide to come back. Can we just get married on his tourist visa in September? I know people have issues withi this being visa fraud, but he is getting his tourist visa to come visit and we don't want to stay here so the I'm not sure the fiancee visa is really necessary for us.

Any help would be much appreciated. I want to get this taken care of now so we are not surprised later and our plans messed up. Thanks!

[Otto 83]

My fiancee and I are planning on getting married in California September 2009. He is in the process of applying for his tourist visa to come visit me at Christmas.

We are not planning on residing in the US after we get married. We will be living in Guatemala, where he is from for at least 3 years and were planning on dealing with residency/citizenship if/when we decide to come back. Can we just get married on his tourist visa in September? I know people have issues withi this being visa fraud, but he is getting his tourist visa to come visit and we don't want to stay here so the I'm not sure the fiancee visa is really necessary for us.

Any help would be much appreciated. I want to get this taken care of now so we are not surprised later and our plans messed up. Thanks!

Getting married on a tourist visa (or any visa) in the US and not staying is perfectly fine. People do it all the time (especially in Las Vegas)... you don't need a K1 (that's only if you plan to remain in the US and become a permanent resident). Down the road - if you choose to come to the US as a married couple and remain - a K3 or IR-1/CR-1 is what you would need.

[pushbrk 14,567]

My fiancee and I are planning on getting married in California September 2009. He is in the process of applying for his tourist visa to come visit me at Christmas.

We are not planning on residing in the US after we get married. We will be living in Guatemala, where he is from for at least 3 years and were planning on dealing with residency/citizenship if/when we decide to come back. Can we just get married on his tourist visa in September? I know people have issues withi this being visa fraud, but he is getting his tourist visa to come visit and we don't want to stay here so the I'm not sure the fiancee visa is really necessary for us.

Any help would be much appreciated. I want to get this taken care of now so we are not surprised later and our plans messed up. Thanks!

Getting married on a tourist visa (or any visa) in the US and not staying is perfectly fine. People do it all the time (especially in Las Vegas)... you don't need a K1 (that's only if you plan to remain in the US and become a permanent resident). Down the road - if you choose to come to the US as a married couple and remain - a K3 or IR-1/CR-1 is what you would need.

Your plan is perfectly legal. If he can obtain a visa, and gain admittance to the US, your plan is quite doable. I would give a more generic but truthful answer to "purpose of your visit?" questions at the POE, though. "Holiday" or "visiting friends" would be good choices.

[eric_and_teresa 10]

I agree. Eventhough is perfectly legal, he might have a hard time, if at the POE he says he is coming to marry you.

Edited December 6, 2008 by eric_and_teresa