File For A K-1 while fiance is still in the US?

[Mark_N 0]

Hi all,

I have a bit of a complicated situation, and I was hoping that I could find some answers here that the people at CIS were not very helpful at answering.

My fiance is currently in the United States on an H1-B Visa. She is Korean. At the beginning of December, I will be leaving to Korea, and she will be remaining here to work. I will be in Korea up until around July next year, and will be starting Law School in August in a different state than the one in which we live. Due to current circumstances, we feel it is best to wait before an actual marriage (I need to meet her family first.)

My fiance is not planning on working at her current position until the end of next July (she works in the finance industry, and hates it), but will likely be coming to Korea sometime around next May. We would prefer to get married in Hawaii, because it's halfway for both families.

So, my question is, how do I go about getting my fiance into the country (either after we've married in Korea, or in order to get married in the United States) by August (once she's in Korea in May). Once she comes to Korea, she'll lose her H1-B visa, and so we'll have to file for either a K-1 or a K-3. From what I've read, the K-1 takes less time, but from May - August is only 3 months, which possibly is not enough time to get everything processed. We'd like to get married before I start law school, otherwise I'm going to have to either come back alone and wait for her, or postpone law school for a year and continue to work in Korea, which we don't want.

Can we file a petition for a K-1 visa now in anticipation of her quitting her job and being in Korea in May to finish the process? Or would this be considered fraudulently filing for a visa? Or would there be some restriction on her filing for a K-1 while she already has an H1-B? (Or would USCIS get confused? I called and spoke with them, and the rep kept asking me "Why would she want to file for a k-1 if she already has an H1-B?" and even though I tried to explain the situation, he just could not understand).

Any help here would be greatly appreciated. Please ask any follow up questions.

[bigcasino75 0]

Hi all,

I have a bit of a complicated situation, and I was hoping that I could find some answers here that the people at CIS were not very helpful at answering.

My fiance is currently in the United States on an H1-B Visa. She is Korean. At the beginning of December, I will be leaving to Korea, and she will be remaining here to work. I will be in Korea up until around July next year, and will be starting Law School in August in a different state than the one in which we live. Due to current circumstances, we feel it is best to wait before an actual marriage (I need to meet her family first.)

My fiance is not planning on working at her current position until the end of next July (she works in the finance industry, and hates it), but will likely be coming to Korea sometime around next May. We would prefer to get married in Hawaii, because it's halfway for both families.

So, my question is, how do I go about getting my fiance into the country (either after we've married in Korea, or in order to get married in the United States) by August (once she's in Korea in May). Once she comes to Korea, she'll lose her H1-B visa, and so we'll have to file for either a K-1 or a K-3. From what I've read, the K-1 takes less time, but from May - August is only 3 months, which possibly is not enough time to get everything processed. We'd like to get married before I start law school, otherwise I'm going to have to either come back alone and wait for her, or postpone law school for a year and continue to work in Korea, which we don't want.

Can we file a petition for a K-1 visa now in anticipation of her quitting her job and being in Korea in May to finish the process? Or would this be considered fraudulently filing for a visa? Or would there be some restriction on her filing for a K-1 while she already has an H1-B? (Or would USCIS get confused? I called and spoke with them, and the rep kept asking me "Why would she want to file for a k-1 if she already has an H1-B?" and even though I tried to explain the situation, he just could not understand).

Any help here would be greatly appreciated. Please ask any follow up questions.

why not get married now with a JP and then file for a CR-1 and you can have a nice party in HI when the time is right?

[payxibka 10,048]

You have many options so consider carefully

1) Yes, you can file a I-129F petition for a fiance(e) now..

or

2) You can get married now and she can immediately apply for a greencard..

or

3) You can get married and then file a petition for a spousal visa.... Since S. Korea is VWP, I would expect little problems getting to HI for a wedding, but then again, no entry is guaranteed.

#1, & #3 will require her to spend time in S. Korea waiting for a visa... #2 is the most expedient route and will allow the most flexibility (except for the marriage event)

Edited November 23, 2009 by payxibka

[Mark_N 0]

Hi all,

I have a bit of a complicated situation, and I was hoping that I could find some answers here that the people at CIS were not very helpful at answering.

My fiance is currently in the United States on an H1-B Visa. She is Korean. At the beginning of December, I will be leaving to Korea, and she will be remaining here to work. I will be in Korea up until around July next year, and will be starting Law School in August in a different state than the one in which we live. Due to current circumstances, we feel it is best to wait before an actual marriage (I need to meet her family first.)

My fiance is not planning on working at her current position until the end of next July (she works in the finance industry, and hates it), but will likely be coming to Korea sometime around next May. We would prefer to get married in Hawaii, because it's halfway for both families.

So, my question is, how do I go about getting my fiance into the country (either after we've married in Korea, or in order to get married in the United States) by August (once she's in Korea in May). Once she comes to Korea, she'll lose her H1-B visa, and so we'll have to file for either a K-1 or a K-3. From what I've read, the K-1 takes less time, but from May - August is only 3 months, which possibly is not enough time to get everything processed. We'd like to get married before I start law school, otherwise I'm going to have to either come back alone and wait for her, or postpone law school for a year and continue to work in Korea, which we don't want.

Can we file a petition for a K-1 visa now in anticipation of her quitting her job and being in Korea in May to finish the process? Or would this be considered fraudulently filing for a visa? Or would there be some restriction on her filing for a K-1 while she already has an H1-B? (Or would USCIS get confused? I called and spoke with them, and the rep kept asking me "Why would she want to file for a k-1 if she already has an H1-B?" and even though I tried to explain the situation, he just could not understand).

Any help here would be greatly appreciated. Please ask any follow up questions.

why not get married now with a JP and then file for a CR-1 and you can have a nice party in HI when the time is right?

I will be leaving for Korea in 2 weeks, and we can't get married without my meeting her family first. It's a cultural thing. Plus she isn't the type to marry a guy just for the paperwork aspect. She wants to have a real wedding with friends and family present.

You have many options so consider carefully

1) Yes, you can file a I-129F petition for a fiance(e) now..

or

2) You can get married now and she can immediately apply for a greencard..

or

3) You can get married and then file a petition for a spousal visa.... Since S. Korea is VWP, I would expect little problems getting to HI for a wedding, but then again, no entry is guaranteed.

#1, & #3 will require her to spend time in S. Korea waiting for a visa... #2 is the most expedient route and will allow the most flexibility (except for the marriage event)

The problem is getting married right now is out of the question. Please see my reply to bigcasino.

[payxibka 10,048]

I will be leaving for Korea in 2 weeks, and we can't get married without my meeting her family first. It's a cultural thing. Plus she isn't the type to marry a guy just for the paperwork aspect. She wants to have a real wedding with friends and family present.

You have many options so consider carefully

1) Yes, you can file a I-129F petition for a fiance(e) now..

or

2) You can get married now and she can immediately apply for a greencard..

or

3) You can get married and then file a petition for a spousal visa.... Since S. Korea is VWP, I would expect little problems getting to HI for a wedding, but then again, no entry is guaranteed.

#1, & #3 will require her to spend time in S. Korea waiting for a visa... #2 is the most expedient route and will allow the most flexibility (except for the marriage event)

The problem is getting married right now is out of the question. Please see my reply to bigcasino.

understood, but just wanted to lay out some of the options so you can make the best decision