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Filed: Country: Ireland
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Posted

Hey, I just want to hear some feedback and advice about a thought we have in regards to the K-1 fiance visa.

I'm Irish and my fiance is a US citizen. We are planning to get married in Ireland and then live in the US. From my research this is what I've come up with in terms of a possible legal route we can take:

We would apply for the K-1 fiance visa and I at the same time would apply for the Form I-131 allowing me to travel on the visa.

I would, next spring, go to America and we would marry at a court house getting the marriage license etc making us legally married. I would then return to Ireland and we would be married at a ceremony a month later with our friends and family present.

We would then both return to the US to live and I would apply for permanent residence.

I'm just wondering through your experience would this route be legal and an upfront way of doing things?

I also have some quick questions too. How long does a person have before they must apply for permanent residence while on a K-1 fiance visa?

And also while on a K-1 with the I-131, can one leave and return multiple times or is it a one time thing?

Also, if anyone has a better route we could take given our wishes and circumstances, please feel free to share. Any help and advice would be much appreciated. Thanks so much!

Posted (edited)

you cannot enter the US twice on a K1 visa. you would have to wait for the Irish ceremony until you are approved for AP. i'm not sure that you could get AP without first having the K1 in hand. another route would be to marry in Ireland first and go the K3 or CR1 route. check the guides for further info. hope this helps!

Edited by amberdima
Posted (edited)
Hey, I just want to hear some feedback and advice about a thought we have in regards to the K-1 fiance visa.

I'm Irish and my fiance is a US citizen. We are planning to get married in Ireland and then live in the US. From my research this is what I've come up with in terms of a possible legal route we can take:

We would apply for the K-1 fiance visa and I at the same time would apply for the Form I-131 allowing me to travel on the visa.

Not the order I would do it in - you have to come to the US first on the K-1, get married, then file for the AOS (at that time, file for the 131 (AP). Doing it this way will save money (without the AOS - 131 costs money)

I would, next spring, go to America and we would marry at a court house getting the marriage license etc making us legally married. I would then return to Ireland and we would be married at a ceremony a month later with our friends and family present.

Sounds good - once you have the AP, you can return to Ireland and get back into the US. Umit and I are planning on doing this exact thing.

We would then both return to the US to live and I would apply for permanent residence.

Read above - apply for AOS first before leaving, then when you come back, the AOS is either still processing or finished.

I'm just wondering through your experience would this route be legal and an upfront way of doing things?

See above

I also have some quick questions too. How long does a person have before they must apply for permanent residence while on a K-1 fiance visa?

Before your I-94 expires. (you have to get married within 90 days of arrival US - which is the same amount of time your I-94 is good for. After that expires, if you don't have the NOA from the AOS, your "out of status" - subject to ICE problems.

However, your K-1 is good for 6 months - until you enter the US on it. Once at the POE/US - it's gone - as mentioned above - but you have 6 months usually after getting it in Ireland to come here to the US.

And also while on a K-1 with the I-131, can one leave and return multiple times or is it a one time thing?

The K-1 is done once you enter the US on it. With the AP, it is good for 1 year, multiple use.

Normally takes up to 90 days to get the AP once you file for the AOS. If it's a real emergency, you can get an INFOPASS and they will grant AP that day. (your case, not really an *emergency*)

Also, if anyone has a better route we could take given our wishes and circumstances, please feel free to share. Any help and advice would be much appreciated. Thanks so much!

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Hey, I just want to hear some feedback and advice about a thought we have in regards to the K-1 fiance visa.

I'm Irish and my fiance is a US citizen. We are planning to get married in Ireland and then live in the US. From my research this is what I've come up with in terms of a possible legal route we can take:

We would apply for the K-1 fiance visa and I at the same time would apply for the Form I-131 allowing me to travel on the visa.

I would, next spring, go to America and we would marry at a court house getting the marriage license etc making us legally married. I would then return to Ireland and we would be married at a ceremony a month later with our friends and family present.

We would then both return to the US to live and I would apply for permanent residence.

I'm just wondering through your experience would this route be legal and an upfront way of doing things?

I also have some quick questions too. How long does a person have before they must apply for permanent residence while on a K-1 fiance visa?

And also while on a K-1 with the I-131, can one leave and return multiple times or is it a one time thing?

Also, if anyone has a better route we could take given our wishes and circumstances, please feel free to share. Any help and advice would be much appreciated. Thanks so much!

You cannot apply for a K-1 and I-131 at the same time. Advance Parole is to protect your entry status while your status is being adjusted to that of permanent resident. If you are not in the USA, you have no status to protect.

YMMV

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Hey, I just want to hear some feedback and advice about a thought we have in regards to the K-1 fiance visa.

I'm Irish and my fiance is a US citizen. We are planning to get married in Ireland and then live in the US. From my research this is what I've come up with in terms of a possible legal route we can take:

We would apply for the K-1 fiance visa and I at the same time would apply for the Form I-131 allowing me to travel on the visa.

I would, next spring, go to America and we would marry at a court house getting the marriage license etc making us legally married. I would then return to Ireland and we would be married at a ceremony a month later with our friends and family present.

We would then both return to the US to live and I would apply for permanent residence.

I'm just wondering through your experience would this route be legal and an upfront way of doing things?

I also have some quick questions too. How long does a person have before they must apply for permanent residence while on a K-1 fiance visa?

And also while on a K-1 with the I-131, can one leave and return multiple times or is it a one time thing?

Also, if anyone has a better route we could take given our wishes and circumstances, please feel free to share. Any help and advice would be much appreciated. Thanks so much!

K-1 is for ONE entry. You enter the USA, get married and THEN file for the AP (I-131) you cannot file for it before you enter. You would ifle for permanent residence BEFORE returning to Ireland. After you receive the AP or green card you can travel back and forth to Ireland all you want. Before then...no. Once you are free to travel (3-6 months after filing for the I-131) you can go back and have a ceremony in Ireland.

It is recommended to file for permanent residency within the 90 day period of the K-1 entry. K-1 is for single entry, I-131 is multiple entry valid for one year, by then you will have the green card and the I-131 is obsolete.

Given your plans, it may be better to marry in Ireland and apply for CR-1 OR Marry here and return to Ireland and apply for CR-1

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

 
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