K1 for only 1 month in US?

[Jauque 1]

I think that before you consider the K1 Visa process you should apply for a visitors visa. The visitors visa itself allows for up to a year of access I think. With a letter from you (or even your presence at the interview if thats allowable) stating your intent for both of you to reside in Vietnam and NOT immigrate to the US you may have a shot at a visitors visa.

[msu17 0]

K1's are for individuals who want their non-USC fiance to move to the US, marry here and stay. No, you don't have to marry or stay here. So technically you could use the K1 for the purpose of coming here for a month. However, I would say that is first a waste of money/time/stress. You have to provide financial info, get all the info that you have relationship together, have her get a police cert, medical and pass her interview. Plus you are going to shell out around 600$ for all this. Second, I find it beyond irritating when people use this visa for purposes other than what it is intended for. Every petition that goes in like this means one more person who is using it for the correct purpose must wait another day to be with their loved one, get through USCIS, get an interview etc. Please don't apply for this visa unless you intend to marry your fiance in the US and stay here.

[Jauque 1]

K1's are for individuals who want their non-USC fiance to move to the US, marry here and stay. No, you don't have to marry or stay here. So technically you could use the K1 for the purpose of coming here for a month. However, I would say that is first a waste of money/time/stress. You have to provide financial info, get all the info that you have relationship together, have her get a police cert, medical and pass her interview. Plus you are going to shell out around 600$ for all this. Second, I find it beyond irritating when people use this visa for purposes other than what it is intended for. Every petition that goes in like this means one more person who is using it for the correct purpose must wait another day to be with their loved one, get through USCIS, get an interview etc. Please don't apply for this visa unless you intend to marry your fiance in the US and stay here.

You had me until the very last line, the purpose of the K1 (being a non-immigrant visa and all) does not need to include the intent to stay in the US, only the intent to marry there.

Courtesy of the US Department of State:

The Immigration and Nationality Act of 1952, as amended, allows several ways for an American citizen to petition a foreign loved one to immigrate to the United States. Traditionally, an American would marry his or her spouse in a foreign country and then petition the spouse to immigrate to the United States. Spouses of US citizens receive immediate preference to immigrate to the United States. However, in some cases a foreign citizen and an American citizen cannot legally marry in a foreign country, even though the marriage would have no legal impediments in the United States. For example, some countries require a parent's permission to marry even for adults, or forbid marrying outside of one's religion or ethnic group. Additionally, some couples prefer to have their wedding in the United States. It is in these circumstances such that a K1 visa is especially useful.

[msu17 0]

K1's are for individuals who want their non-USC fiance to move to the US, marry here and stay. No, you don't have to marry or stay here. So technically you could use the K1 for the purpose of coming here for a month. However, I would say that is first a waste of money/time/stress. You have to provide financial info, get all the info that you have relationship together, have her get a police cert, medical and pass her interview. Plus you are going to shell out around 600$ for all this. Second, I find it beyond irritating when people use this visa for purposes other than what it is intended for. Every petition that goes in like this means one more person who is using it for the correct purpose must wait another day to be with their loved one, get through USCIS, get an interview etc. Please don't apply for this visa unless you intend to marry your fiance in the US and stay here.

You had me until the very last line, the purpose of the K1 (being a non-immigrant visa and all) does not need to include the intent to stay in the US, only the intent to marry there.

Courtesy of the US Department of State:

The Immigration and Nationality Act of 1952, as amended, allows several ways for an American citizen to petition a foreign loved one to immigrate to the United States. Traditionally, an American would marry his or her spouse in a foreign country and then petition the spouse to immigrate to the United States. Spouses of US citizens receive immediate preference to immigrate to the United States. However, in some cases a foreign citizen and an American citizen cannot legally marry in a foreign country, even though the marriage would have no legal impediments in the United States. For example, some countries require a parent's permission to marry even for adults, or forbid marrying outside of one's religion or ethnic group. Additionally, some couples prefer to have their wedding in the United States. It is in these circumstances such that a K1 visa is especially useful.

Ok, in cases where individuals can't for whatever reason get married in their own country, then fine use the K1 for marriage even if you aren't going to stay. however it does not seem like this is the case for this couple. If it is, then I stand corrected.

[Mike B. 231]

I'm new to this forum, but I couldn't find this question posted yet. Sorry if it's been asked before.

My girlfriend and I want to apply for a visa (possibly a K1) for her to come to America in July 2010. We currently have no plans to get married....maybe, maybe not. But it's certain that she will join me for 1 month in the US and we'll return to Vietnam (where we both currently live) afterward.

Should we apply for the K1 since the processing takes so long and we may decide to get married during that processing time?

Are there any repercussions if we apply for the K1 and return from the US after a short time? I'm afraid that the travel visa will be more difficult than the K1 since Vietnam is very strict with handing them out.....but it may be equally difficult to get any visa for a Vietnamese national.

Are any other visas better for this than the K1?

Thanks.

-Luke and Nha

The K1 visa is for couples who intend to marry. It is a one entry visa for your fiancee to come to the USA and marry within 90 days. She can't leave again in one month, and return to Vietnam to live. She has to remain in the US and adjust status.

I understand that travel visas are hard to come by, but I don't think applying for a fiancee visa when you have no clear intent to marry is a way around that.

This is absolutely incorrect. The United States does not compel foreign nationals to immigrate, nor does it jail people to prevent them from leaving, nor does it force people to accept green cards they don't want. If you want to have your fiancee come to the United States, get married with your family here, and then leave to go back to Vietnam, the federal government is definately not going to force you to "remain in the US and adjust status." The US does sometimes force people to leave, but it doesn't force people to stay.

Of course they don't force people to do anything of the sort. But if he wants a K1 visa those are the terms.

The terms of the K-1 visa are that you get married within 90 days of your entrance. That's it. If you want to immigrate, it's a different process. If not you go home. There's no law or regulation that demands you get a green card or citizenship.

The OP asked if this was the visa for him. The answer would be no. The terms of a K1 are usually you have an intent to marry and remain. He doesn't.

I'm sorry, but I just don't think that this is correct. You do have to have intent to marry, but I do not think that you have to show an intent on staying in the US for any set amount of time.

He wants a visa that will allow her to visit the USA for a month next June. How do you thing a K1 visa applies in his situation?

Poorly, but that's not what I was commenting on. You said that with a K-1 visa the fiancee "has to remain in the US and adjust status." That is 100% factually incorrect. If someone for whatever reason (and I can think of many reasons) wants to get married in the United States but leave the very next day for some other country and never bother adjusting status, that's fine.

[Mike B. 231]

K1's are for individuals who want their non-USC fiance to move to the US, marry here and stay. No, you don't have to marry or stay here. So technically you could use the K1 for the purpose of coming here for a month. However, I would say that is first a waste of money/time/stress. You have to provide financial info, get all the info that you have relationship together, have her get a police cert, medical and pass her interview. Plus you are going to shell out around 600$ for all this. Second, I find it beyond irritating when people use this visa for purposes other than what it is intended for. Every petition that goes in like this means one more person who is using it for the correct purpose must wait another day to be with their loved one, get through USCIS, get an interview etc. Please don't apply for this visa unless you intend to marry your fiance in the US and stay here.

I guess I disagree with you as well on this issue. If someone wants to get married in the US because their family is here or something like that, I have no issue with them applying for the K-1 visa. According that interview with a former adjudicator, it takes about 15 minutes to process a petition. If someone is willing to pay $455 and stand in line for half a year, they can have their 15 minutes for all I care. I guess it's just a matter of opinion, though.

[SAVM 0]

I can't believe no one has pointed out that beyond the hassle the OP will incur going through the K-1 process and potential snag about the OP not actually having the intent to marry, it's really insensitive to further clog up an already terribly backlogged system of people who actually do want to marry just so that the OP can possibly enjoy a month with his girlfriend on US soil. Please stay out of this pipeline if you guys aren't serious about getting married!!!

[DaleandPat 0]

I'm new to this forum, but I couldn't find this question posted yet. Sorry if it's been asked before.

My girlfriend and I want to apply for a visa (possibly a K1) for her to come to America in July 2010. We currently have no plans to get married....maybe, maybe not. But it's certain that she will join me for 1 month in the US and we'll return to Vietnam (where we both currently live) afterward.

Should we apply for the K1 since the processing takes so long and we may decide to get married during that processing time?

Are there any repercussions if we apply for the K1 and return from the US after a short time? I'm afraid that the travel visa will be more difficult than the K1 since Vietnam is very strict with handing them out.....but it may be equally difficult to get any visa for a Vietnamese national.

Are any other visas better for this than the K1?

Thanks.

-Luke and Nha

The K1 visa is for couples who intend to marry. It is a one entry visa for your fiancee to come to the USA and marry within 90 days. She can't leave again in one month, and return to Vietnam to live. She has to remain in the US and adjust status.

I understand that travel visas are hard to come by, but I don't think applying for a fiancee visa when you have no clear intent to marry is a way around that.

This is absolutely incorrect. The United States does not compel foreign nationals to immigrate, nor does it jail people to prevent them from leaving, nor does it force people to accept green cards they don't want. If you want to have your fiancee come to the United States, get married with your family here, and then leave to go back to Vietnam, the federal government is definately not going to force you to "remain in the US and adjust status." The US does sometimes force people to leave, but it doesn't force people to stay.

Of course they don't force people to do anything of the sort. But if he wants a K1 visa those are the terms.

The terms of the K-1 visa are that you get married within 90 days of your entrance. That's it. If you want to immigrate, it's a different process. If not you go home. There's no law or regulation that demands you get a green card or citizenship.

The OP asked if this was the visa for him. The answer would be no. The terms of a K1 are usually you have an intent to marry and remain. He doesn't.

I'm sorry, but I just don't think that this is correct. You do have to have intent to marry, but I do not think that you have to show an intent on staying in the US for any set amount of time.

He wants a visa that will allow her to visit the USA for a month next June. How do you thing a K1 visa applies in his situation?

Poorly, but that's not what I was commenting on. You said that with a K-1 visa the fiancee "has to remain in the US and adjust status." That is 100% factually incorrect. If someone for whatever reason (and I can think of many reasons) wants to get married in the United States but leave the very next day for some other country and never bother adjusting status, that's fine.

If the American is not residing in the USA, I wish he would apply for a different visa. With the K1 visa there is more to it than just coming to the US and marrying. If the K1 is used for other purposes it is just clogging the system. We are all waiting what we believe to be extremely long times to get our fiance(e)'s here in the USA, that is those of us that live here and have met the love of our lives and want to continue to reside here in the USA.

[Anh map 2,098]

I'm new to this forum, but I couldn't find this question posted yet. Sorry if it's been asked before.

My girlfriend and I want to apply for a visa (possibly a K1) for her to come to America in July 2010. We currently have no plans to get married....maybe, maybe not. But it's certain that she will join me for 1 month in the US and we'll return to Vietnam (where we both currently live) afterward.

Should we apply for the K1 since the processing takes so long and we may decide to get married during that processing time?

Are there any repercussions if we apply for the K1 and return from the US after a short time? I'm afraid that the travel visa will be more difficult than the K1 since Vietnam is very strict with handing them out.....but it may be equally difficult to get any visa for a Vietnamese national.

Are any other visas better for this than the K1?

Thanks.

-Luke and Nha

You would find that it is a lot of work to go through the K1 process at HCMC. If you haven't yet, read through the guides here on VJ and read in the Asia: East & Pacific regional forum to learn about the specifics for HCMC.

I love my wife dearly, but I don't think I would go through the K1 steps to obtain a tourist visa for her. And I don't think that she would want to go through it again if it was just for a short visit. I understand the thoughts for wanting her to see the US, meet family, etc. Most of us have thought the same and upon exploring visitor visas saw the challenges.

HCMC is a high fraud consulate. So be prepared if you do pursue a fiancee or spouse visa now or in the future. It can be a pain in the a$$, but it is worth it.

Best of luck to you both.

[LoveWaits 1]

I can't believe no one has pointed out that beyond the hassle the OP will incur going through the K-1 process and potential snag about the OP not actually having the intent to marry, it's really insensitive to further clog up an already terribly backlogged system of people who actually do want to marry just so that the OP can possibly enjoy a month with his girlfriend on US soil. Please stay out of this pipeline if you guys aren't serious about getting married!!!

Yes - Exactly! Please! Not to mention its just a bad idea, get a tourist visa or decide if you want to marry or not. And if you do want to marry and move to the United States you're better off getting married outside the US and then doing a Direct Consule Filing while still living overseas, it takes only 6 weeks to 3 months to get her I-130 approved!

[toddandhien 2]

If you apply for the K-1, your "fiancee" will be asked to sign the DS-156K (look it up on-line). She will swear that she is free to marry and intends to marry you within 90 days of arriving in the US. If she signs this form just to get a "tourist" visa, that would be considered fraud. If you both returned to VN without marrying and later wanted to do the process for real, you may face some difficulties.

If she wants a tourist visa, she should apply for one. It will cost you $131 and she can have an interview in about a month. However, unless she has considerable assets (money or real estate or business), it is unlikely she will receive a tourist visa.

Please consider your next steps carefully. But, please do not tax an already overburdened system with inappropriate petitions. Thank you.