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seekingclarity

Marrying and then living abroad on K-1

By seekingclarity in K-1 Fiance(e) Visa Process & Procedures

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seekingclarity Newbie

seekingclarity   0

Posted
Filed: Timeline
Posted

Hello.

I am confused as to what to do. My fiance will be coming to America next year and we were hoping to get married by my family in the summer of 2011. However, within three months we would be moving overseas to a place where neither of us is from. So he would essentially come over, we would get married, and probably leave one month later. He wanted to come on a tourist visa. My question is, could we do this if we are intending on leaving? Or do we have to pay all the fees of a K-1 fiance visa just to get married here. We aren't applying for permanent residence unless we come back at another time. If we do choose to do so in the future, we could just start the K-3 visa. Any help on this topic would be greatly appreciated.

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Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Hello.

I am confused as to what to do. My fiance will be coming to America next year and we were hoping to get married by my family in the summer of 2011. However, within three months we would be moving overseas to a place where neither of us is from. So he would essentially come over, we would get married, and probably leave one month later. He wanted to come on a tourist visa. My question is, could we do this if we are intending on leaving? Or do we have to pay all the fees of a K-1 fiance visa just to get married here. We aren't applying for permanent residence unless we come back at another time. If we do choose to do so in the future, we could just start the K-3 visa. Any help on this topic would be greatly appreciated.

I would say - if your leaving in 3 months of his coming here - get married on the visitors visa (no issues with that, depending on the state your in) - then leave.

Saves the trouble of the K-1 and you will be better off.

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

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Dan J Mentor

Dan J   277

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

Hello.

I am confused as to what to do. My fiance will be coming to America next year and we were hoping to get married by my family in the summer of 2011. However, within three months we would be moving overseas to a place where neither of us is from. So he would essentially come over, we would get married, and probably leave one month later. He wanted to come on a tourist visa. My question is, could we do this if we are intending on leaving? Or do we have to pay all the fees of a K-1 fiance visa just to get married here. We aren't applying for permanent residence unless we come back at another time. If we do choose to do so in the future, we could just start the K-3 visa. Any help on this topic would be greatly appreciated.

Tourist visa is all you need. K-1 is a path to permanent residence, not needed to just get married in the US (and leave).

keTiiDCjGVo

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pushbrk Grand Master

pushbrk   12,113

Posted
Filed: Other Country: China
 Timeline
Posted

Tourist visa is all you need. K-1 is a path to permanent residence, not needed to just get married in the US (and leave).

Yes, but there's no guarantee of a visa. The OP hasn't indicated which country the foreigner would be coming from. Makes a big difference.

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

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

I have other option to present to you -

get married in USA - leave -

then 6 months into yer FOREIGN COUNTRY RESIDENCY - file an I-130 via Direct Consular Filing at the Embassy in that FOREIGN COUNTRY.

Forget the K-1, Forget the K-3.

Good Luck !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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K and L Rising Star

K and L   27

Posted
Filed: Country: Brazil
 Timeline
Posted

Darnell speaks the truth. :)

I-129F Petition ♥ Mailed: 26 Oct 2009 ♥ NOA1: 27 Oct 2009 ♥ NOA2: 15 Jan 2010

K-1 Visa ♥ NVC: 22-27 Jan 2010 ♥ RdJ receipt: 1 Feb 2010 ♥ Packet 3/4: 12 Feb 2010 ♥ Interview: 4 May 2010

»-(¯`·.·´¯)-> Married (17 Aug 2010) <-(¯`·.·´¯)-«

AOS (I-485) ♥ Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ To CSC: 20 Sept 2010 ♥ Biometrics: 5 Oct 2010 ♥ RFE: 10 -16 Nov 2010 ♥ Approved: 18 Nov 2010

AP (I-131) ♥ Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ Approved: 20 Oct 2010

EAD (I-765) ♥ Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ Biometrics: 5 Oct 2010 ♥ Approved: 20 Oct 2010

ROC (I-751) ♥ Mailed: 6 Nov 2012 ♥ NOA: 7 Nov 2012 ♥ Biometrics: 5 Dec 2012 ♥ Approved: 15 May 2013

Naturalization (N-400) ♥ Mailed: 03 August 2015 ♥ NOA: 07 August 2015 ♥ Biometrics: 3 Sept 2015 ♥ Interview: 13 Nov 2015 ♥ Oath: 8 Dec '15

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pushbrk Grand Master

pushbrk   12,113

Posted
Filed: Other Country: China
 Timeline
Posted

I have other option to present to you -

get married in USA - leave -

then 6 months into yer FOREIGN COUNTRY RESIDENCY - file an I-130 via Direct Consular Filing at the Embassy in that FOREIGN COUNTRY.

Forget the K-1, Forget the K-3.

Good Luck !

Or anytime after six months. The key is to file about six months before any planned immigration to the US by the foreigner. Of course, this could be never as no intent to immigrate has been mentioned yet.

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/

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Bernie C Proficient

Bernie C   24

Posted
Filed: Lift. Cond. (pnd) Country: Vietnam
 Timeline
Posted

Darnell speaks the truth. :)

Yes - BUT - if you consider this route make sure you check on the residency requirements for the specific country you will be residing in and read up on DCF. Its not always just as simple as it sounds. Even though DCF is DCF the requirements are not equivalent in every US consulate in every country :wacko:

6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

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