Jump to content
Sign in to follow this  
soko

can we move out of u.s. immediately after getting married on k-1?

10 posts in this topic

Recommended Posts

Filed: Country: Iran
Timeline

my girlfriend and i currently live abroad. i'm american, and she's from iran. we want to get married soon and then move to sydney and eventually to the u.s. does anyone know if we can get her a k-1 visa, get married in the united states while we're there and then move to sydney? we would like to have our wedding in the u.s. so that my family and friends could attend (we'd have a seperate one elsewhere for her family). she recently applied for a tourist visa and was declined. so the k-1 would be the only way she could get in for a wedding. but i'm not sure if we would then be allowed to leave the u.s. also, if we get married officially in korea, does anyone know what our chances of then moving to australia would be? she would have a tough time now because of her iranian passport. we would need to go there on a tourist visa and look for work. americans can go for up to three months. any idea if, once we are married, she would be able to come with me on a tourist visa while we look for work? thanks in advance....

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Vietnam
Timeline

she will not be able to reenter using the K1 and will need AP to return to the US or another visa.... she really needs to adjust status and even then she should not be out of the US for much more than 5 months at a shot...


"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

my girlfriend and i currently live abroad. i'm american, and she's from iran. we want to get married soon and then move to sydney and eventually to the u.s. does anyone know if we can get her a k-1 visa, get married in the united states while we're there and then move to sydney? we would like to have our wedding in the u.s. so that my family and friends could attend (we'd have a seperate one elsewhere for her family). she recently applied for a tourist visa and was declined. so the k-1 would be the only way she could get in for a wedding. but i'm not sure if we would then be allowed to leave the u.s. also, if we get married officially in korea, does anyone know what our chances of then moving to australia would be? she would have a tough time now because of her iranian passport. we would need to go there on a tourist visa and look for work. americans can go for up to three months. any idea if, once we are married, she would be able to come with me on a tourist visa while we look for work? thanks in advance....

The terms of the K1 visa are that the legal marriage must occur IN the USA within 90 days of entry. Nobody will stop her from leaving but if you're going to be living in Australia instead of the USA, make sure she leaves the USA within the 90 days. If you wish to reside together in the USA later, you can begin a spouse visa process.

If your life plan doesn't require marriage in the USA, there's no need for the K1 visa. Just marry wherever and live in Australia until whenever.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

If your girlfriend holds an Iranian passport she will need a visa to enter Australia. She won't qualify for the 90 day ETA. If you enter on the ETA, it works the same the world over. You can't be looking for work unless you already have a valid visa which will allow you to work and that is why you're enquiring about options for your girlfriend?

As for getting married, what pushbrk wrote. Best of luck ... :star:


OUR JOURNEY SO FAR: (dd/mm/yyyy)

18/09/09 - CR1 NOA1

16/07/10 - POE LAX (256 days NOA1 to interview)

27/09/10 - Aussie/American bun in the oven due May 10, 2011

06/01/11 - Submitted change of address online to USCIS. Mailed I-865 for sponsor. Neverending!

05/05/11 - Bouncing baby boy arrives

10/07/12 - Sent I-751

13/07/12 - I-751 NOA1

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Iran
Timeline

First the K-1 is for your fiance to come to the US, marry here, and live here. She would need to remain in the US for several months to file for AOS, do biometrics, her interview, and received AP. If she just comes, marries, and leaves, then another visa (CR-1) would be required for her to enter the US again. So, if you want to process a K-1, pay all the fees, and wait all the time just so you can marry in the US then leave that is a choice but a rather long and expensive one.

Then for her to enter Australia, since she is still on an Iranian passport, she will have the same visa requirements as if she were not married to you.

To work in Australia one requires the proper visa for you and/or her. Just as, for example, a German, cannot come to the US as a tourist and work, neither can you or her do this in Australia.

Share this post


Link to post
Share on other sites
Filed: Country: Iran
Timeline

thanks for all the help. i guess it doesn't make sense to get married in the u.s. unless we plan to stay there. i'm wondering if maybe she can reapply for a tourist visa to the u.s. once we're engaged? then we could at least have a ceremony there, but i'm not sure if getting engaged would be enough for them to change their mind and allow her in. as for australia, the plan would be to visit as tourists and then try to secure work and a sponsor while there. but it sounds like she wouldn't be able to qualify for the 90-day visa, which would be a problem because we don't want to be apart for too long. one last question: if we get engaged in june and then want to try to move to the u.s. in december or january, is it better to get married here quickly and then apply for the k3, or apply immediately for the k1? i guess it's easier to get the k1 and might take less time. but given that she's from iran, i expect complications either way...

Share this post


Link to post
Share on other sites

Nothing requires you to stay in the U.S. after using a K-1 visa to enter. If you want to use the K-1 visa just to come to the U.S. and get married, that is perfectly legitimate. Exit the U.S. again before the 90 days allowed on the I-94 expire so that no overstay is accumulated and apply for a spouse visa if/when you are ready to return to the U.S. to live.

First the K-1 is for your fiance to come to the US, marry here, and live here.

While a K-1 entry qualifies you for adjustment of status, it does not require it. Using a K-1 for a U.S. wedding and then leaving is a legitimate use of the K-1.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

Nothing requires you to stay in the U.S. after using a K-1 visa to enter. If you want to use the K-1 visa just to come to the U.S. and get married, that is perfectly legitimate. Exit the U.S. again before the 90 days allowed on the I-94 expire so that no overstay is accumulated and apply for a spouse visa if/when you are ready to return to the U.S. to live.

While a K-1 entry qualifies you for adjustment of status, it does not require it. Using a K-1 for a U.S. wedding and then leaving is a legitimate use of the K-1.

Yes, it is. From reading subsequent posts by the OP though, it may well be they need to seriously consider living in the USA, as his Iranian spouse may well not be able to accompany him to Australia even for a visit without a green card. Even he will need work authorization for Australia which is no "given". He has a lot more complications to work through than just where to get married.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: Timeline

This is my speculation, but here goes: Sounds to me like the OP thinks that simply being engaged or just getting married to a USC will immediately positively affect his fiancee's passport. It will not.

I suggest the OP read up on immigration processes in not only America, but wherever their plans take them. Not only for her, but for his status as well, as it seems the OP has a 'I'll just go to this country and work' view on the world, which is incorrect.

Edited by Happy Bunny

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

thanks for all the help. i guess it doesn't make sense to get married in the u.s. unless we plan to stay there. i'm wondering if maybe she can reapply for a tourist visa to the u.s. once we're engaged? then we could at least have a ceremony there, but i'm not sure if getting engaged would be enough for them to change their mind and allow her in. as for australia, the plan would be to visit as tourists and then try to secure work and a sponsor while there. but it sounds like she wouldn't be able to qualify for the 90-day visa, which would be a problem because we don't want to be apart for too long. one last question: if we get engaged in june and then want to try to move to the u.s. in december or january, is it better to get married here quickly and then apply for the k3, or apply immediately for the k1? i guess it's easier to get the k1 and might take less time. but given that she's from iran, i expect complications either way...

If you consider it imperative that you marry in the US, then a K1 may be the only way you're going to get her into the US for the wedding. A tourist visa is going to be even more difficult to get once CBP knows she's engaged to a US citizen. You have to see this from the viewpoint of the US government. Unless there is some inadmissibility you haven't told us about, they denied her a tourist visa because they believe there was a risk she'd try to stay in the US after her visa expired. If they knew she was engaged to a US citizen then they would believe it was a virtual certainty that she would stay in the US, since the spouse of a US citizen may apply for a green card if they are in the US. Using a non-immigrant visa or entry pass to immigrate is illegal, but it's difficult to prove the intent of the alien when they enter the US, so consulates go out of their way to prevent this form of fraud from happening.

Forget the K3. It has no advantages over the CR1, and has many disadvantages. It's also the policy of the National Visa Center to discard the K3 petition if it is approved at the same time as the I-130, and process the case as a CR1. If you decide to marry before coming to the US then apply for a CR1.

Any middle east or Islamic country is going to be difficult, but Iran is especially difficult. Be prepared for the possibility that this process might take a very long time - possibly even years - to complete.

Re. Australia - it sounds like you're trying to tackle multiple immigration problems at the same time. Since both immigration problems are going to offer substantial hurdles you'll need to overcome, it might be better if you focused on one or the other, and take whatever time is needed to get the first one resolved before you begin tackling the second one. Don't try to operate on any firm timetable because neither the US nor the Australian government is going to act according to your schedule.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...