K1 and honeymoon

[MelissaJulian 30]

Thank you Lisa! I'll read this later, kind of a rough day at the office.

We didn't use a lawyer because I told Julian I wanted to do this myself, that it would be a great project. I think I've gotten most of the things right so far! Our check was cashed and we have a NOA1 so at least I got a little correct. I'm sorry if this didn't belong in the UK forum. Evryone there seems so knowledgeable (including you!) and I seem a little comfortable there so that's why I posted where I did. I didn't mean to offend anyone!

[MalaysianGirl 26]

Just a question: What's wrong with honeymooning in the US? There are so many gorgeous places in the country, and there are many people who would absolutely LOVE to honeymoon in the US. And you guys would have a great opportunity to tour the vast country... so take it! Research tourist places there, or ask around. Besides, it's really not so much WHERE you go for your honeymoon, but it's about with WHOM you go on your honeymoon. Some newlyweds could go to another state or province in their country (no matter which one, even Iraq - based on stories I've read) and be very happy, because all they care about is their new husband/wife.

[Edited to add some stuff.]

Edited June 11, 2010 by FireDragonFly

[Gary and Alla 3,694]

Hi there -- someone just told me that K1 visa holders can't have their honeymoon outside of the US. Is this true? Only my fiancé and I were planning to go to St. Barts for two weeks and if this is true I guess we will need to find another place to go to. I just wanted to make sure before I tell him and we start looking for somewhere else.

You didn't consider all the advantages and disadvantages of the visas did you? Someone told you the K-1 was faster and you went for that.

Once he enters the US on a K-1, if he leaves before obtaining an Ap or his green card he will be deemed to have abandoned his request for permantn residency and it will be denied. Since he is a UK citizen he can come back and enter on the VWP but he cannot adjust status.

Plan on postponing your honeymoon OR going ONLY to the US Virgin Islands instead.

This can't possibly be correct. Are you saying the US Government expects me to just stay in-country until they finish all their greedcard filing? Here I thought your government was trying to get all the foreigners out, and now they're saying I can't leave? Absolutely barmy. Can somebody post a source for this? I can't imagine spending our honeymoon anywhere in the US.

Then go for a CR-1 visa. It IS your choice.

[amykathleen2005 441]

This can't possibly be correct. Are you saying the US Government expects me to just stay in-country until they finish all their greedcard filing? Here I thought your government was trying to get all the foreigners out, and now they're saying I can't leave? Absolutely barmy. Can somebody post a source for this? I can't imagine spending our honeymoon anywhere in the US.

You are welcome to leave whenever you want, you just won't be able to come back again.

[Gary and Alla 3,694]

Sorry, keep trying to reply but I am posting and reading from my Blackberry in a meeting and the reception is bad and everything is loading slowly.

Sorry Johnny, I completely forgot about that question! I think I was also confused about the difference between AP and emergency AP. Can I get emergency AP for a honeymoon? That's probably a stupid question. I know my fiancé has a very strong opinion about having to honeymoon in Hawaii so it is probably not going to be there.

Julian honey, I'm sure we'll figure something out!

Sorry again.

He is from UK. He can come without a visa. He can get married here without a visa. You can honeymoon anywhere you want, anytime you want. THEN you can apply for CR-1 and it will take about 10-12 months to process. During that time Julian can come and go as he pleases and when it is over he will have a green card.

IF YOU CHOOSE the K-1 to marry and adjust status then he has to come and STAY until he has an AP or a green card or he will lose his bid to receive a green card and you start all over. You cannot get an emergency AP for a honeymoon. APs take 2 months after filing and filing should be after marriage. Green cards take 2-6 months generally, when adjusting from AP

The K-1 is NOT (and never has been) a faster way to get a green card, it is a faster way to be together in the USA. It is only "half done" when he arrives. It is nota good choice for someone that can't honeymoon in the US

Incidentally, the US includes all its territories and possessions. St John's is OK. St Bart's is not.

[krautlaus 7]

@Gary&Alla - That is exactly what I've been thinking all along - just don't got the balls to say

[JimVaPhuong 4,863]

Thank you Lisa! I'll read this later, kind of a rough day at the office.

We didn't use a lawyer because I told Julian I wanted to do this myself, that it would be a great project. I think I've gotten most of the things right so far! Our check was cashed and we have a NOA1 so at least I got a little correct. I'm sorry if this didn't belong in the UK forum. Evryone there seems so knowledgeable (including you!) and I seem a little comfortable there so that's why I posted where I did. I didn't mean to offend anyone!

If you enjoy projects that require patience and research (kind of like solving a puzzle), then it's definitely a rewarding project to undertake. However, I think you might have focused on the process without first considering the terms and conditions of what you were pursuing. The Comparison Chart here on VJ would have told you everything you needed to know, including the fact that the K1 visa holder would need AP or a green card before being able to leave and re-enter the US. Your research probably should have begun with this comparison. If it's important that you marry in the US and then honeymoon outside the US, then the K1 was not the appropriate visa to apply for. However, you'll probably find (as most people do) that there IS NO visa that exactly fits your preferred criteria, and you'll have to make some adjustments to your preferences. The restrictions and conditions that are placed on each type of visa were designed to streamline the process for the US government, as well as help in preventing fraud. They weren't designed to accommodate everyone's preferences, nor is there any practical way that they could be.

It might also help to remember that the K1 and spousal visas were not designed exclusively for citizens of the UK, and other relatively low fraud countries. Many people here have spouses from high fraud countries who have been subjected to the fires of hell in order to get that visa, and waiting a few months with their new spouse in the US in order to get AP or a green card is a cakewalk by comparison. For those people, complaints about not being able to honeymoon wherever you like sound as if they are coming from someone who has been pampered and mollycoddled a bit too much.

[MalaysianGirl 26]

It might also help to remember that the K1 and spousal visas were not designed exclusively for citizens of the UK, and other relatively low fraud countries. Many people here have spouses from high fraud countries who have been subjected to the fires of hell in order to get that visa, and waiting a few months with their new spouse in the US in order to get AP or a green card is a cakewalk by comparison. For those people, complaints about not being able to honeymoon wherever you like sound as if they are coming from someone who has been pampered and mollycoddled a bit too much.

Hear hear!

[BelleSade 3]

Can't you go to the US territories? Go to Puerto Rico or the US Virgin Islands or something. They're all lovely.

[Rebecca Jo 1,962]

If you enjoy projects that require patience and research (kind of like solving a puzzle), then it's definitely a rewarding project to undertake. However, I think you might have focused on the process without first considering the terms and conditions of what you were pursuing. The Comparison Chart here on VJ would have told you everything you needed to know, including the fact that the K1 visa holder would need AP or a green card before being able to leave and re-enter the US. Your research probably should have begun with this comparison. If it's important that you marry in the US and then honeymoon outside the US, then the K1 was not the appropriate visa to apply for. However, you'll probably find (as most people do) that there IS NO visa that exactly fits your preferred criteria, and you'll have to make some adjustments to your preferences. The restrictions and conditions that are placed on each type of visa were designed to streamline the process for the US government, as well as help in preventing fraud. They weren't designed to accommodate everyone's preferences, nor is there any practical way that they could be.

It might also help to remember that the K1 and spousal visas were not designed exclusively for citizens of the UK, and other relatively low fraud countries. Many people here have spouses from high fraud countries who have been subjected to the fires of hell in order to get that visa, and waiting a few months with their new spouse in the US in order to get AP or a green card is a cakewalk by comparison. For those people, complaints about not being able to honeymoon wherever you like sound as if they are coming from someone who has been pampered and mollycoddled a bit too much.

Well, I didn't think any of the visa categories were 'designed' for the use of any particular nation. Especially as the rules are uniform.

When things get to the State Department, that is where things get very different depending on the rate of visa fraud for a given nation. Those consular practices are usually formulated based upon cold-hard numbers.

Melissa isn't the first person we've seen on VJ who doesn't seem to have fully researched her options. And the question about honeymooning outside the US comes up around here all the time. From couples who blend a USC with beneficiaries from both high and low fraud nations, I might add.

I understand there can be a big difference in the experiences of Vj members based upon consular processing. I don't think it's a good idea for us to to use it as a point of contention between us. Do you?

[JlovesA 109]

I understand there can be a big difference in the experiences of Vj members based upon consular processing. I don't think it's a good idea for us to to use it as a point of contention between us. Do you?

No, but I think it's generally a good thing to try and stay humble about this experience. It annoys me that I have to go through all this stuff just to be with my fiance and I live in a low-fraud country that rarely gets denied K1 visas. I try to keep in mind how much MORE it sucks for the couples who live even further away than me and A do and who are at a giant risk of denial. I dunno about anyone else, but being thankful I live in Canada does make me feel better about this sucky visa stuff.

Edited June 11, 2010 by JlovesA

[Rebecca Jo 1,962]

No, but I think it's generally a good thing to try and stay humble about this experience. It annoys me that I have to go through all this stuff just to be with my fiance and I live in a low-fraud country that rarely gets denied K1 visas. I try to keep in mind how much MORE it sucks for the couples who live even further away from me and A and who are at a giant risk of denial. I dunno about anyone else, but being thankful I live in Canada does make me feel better about this sucky visa stuff.

You've got a good point there as well!

[JimVaPhuong 4,863]

I understand there can be a big difference in the experiences of Vj members based upon consular processing. I don't think it's a good idea for us to to use it as a point of contention between us. Do you?

Well, if I really wanted to be rude about it I would have said her fiance was acting like a spoiled brat, and throwing a tantrum over a requirement they should have known about before they submitted the petition. He seems to feel he's being treated unfairly, and I wanted to remind him that he will be treated far more fairly than many others who are also waiting for a visa, for no other reason than the country he happens to come from. He should be grateful that his visa journey will likely be relatively painless. In that light, I think the comparison is a fair one to make.

Remember when your mom used to say "You should be thankful you HAVE spinach and cauliflower. There are kids starving in China!"

[JlovesA 109]

Well, if I really wanted to be rude about it I would have said her fiance was acting like a spoiled brat, and throwing a tantrum over a requirement they should have known about before they submitted the petition. He seems to feel he's being treated unfairly, and I wanted to remind him that he will be treated far more fairly than many others who are also waiting for a visa, for no other reason than the country he happens to come from. He should be grateful that his visa journey will likely be relatively painless. In that light, I think the comparison is a fair one to make.

Remember when your mom used to say "You should be thankful you HAVE spinach and cauliflower. There are kids starving in China!"

I agree...if it was so important to honeymoon outside the USA, they should have put the required research into it. Can't whine to anybody but themselves now.

[TBoneTX 43,415]

Well, if I really wanted to be rude about it I would have said her fiance was acting like a spoiled brat, and throwing a tantrum over a requirement they should have known about before they submitted the petition. He seems to feel he's being treated unfairly, and I wanted to remind him that he will be treated far more fairly than many others who are also waiting for a visa, for no other reason than the country he happens to come from. He should be grateful that his visa journey will likely be relatively painless. In that light, I think the comparison is a fair one to make.

What a time for me to have exhausted my quota of +1 votes for the day, si man... in addition, the "fires of hell" reference a couple of posts above deserves to be emblazoned in the pantheon of all-time bingo VJ quotes... Edited June 11, 2010 by TBoneTX