wierd questions

[lfcraft 0]

Hello everyone!

My name is Lindsay and I'm new to this forum. I would really appreciate some advice from those who have more experience than me. My fiance and I are trying to figure out what our options are as far as being together. He is from Pakistan and neither of us can get regular tourist visas to each others' countries. I have been to Pakistan once and we've met in Dubai since then. I applied for another Pakistan tourist visa about 6 months ago, but it was not approved. The Pakistani embassy refuses to give me any answers as to why I can't get one now (I believe it's political - Many US diplomat visas have also been held up). My Pakistani fiance was also denied a tourist visa to the U.S. (not surprising though).

So, we've begun discussing other options like applying for a fiance visa. The thing is, even though we're engaged, neither of us is ready to settle in any particular country yet. He has his own business in Pakistan and I have my career here. We'd love to be able to divide our time between each others' homes until we figure out what works best for us, but it doesn't look like we have many options. Even if he comes here to marry me, he won't have enough time to stay and file for permanent residency because he has his business to run. And if he leaves, he won't be able to come back simply because we're married and we'd have to start another long visa process all over again.

My question for you is: Would a case like this warrant receiving advance parole so that he could hold off on adjusting his status after we get married? If so, how many times can he leave/re-enter the US if he does something like this?

Thanks in advance for any advice.

[I & G 1]

I dont think NVC will approve the K-1 if he does not plan on living in America. The intent of the visa issue is for persons wishing to immigrate to America. If he is going to keep his business there it may be grounds for denial. Do some research and maybe ask a good attorney. Good luck.

[lfcraft 0]

I dont think NVC will approve the K-1 if he does not plan on living in America. The intent of the visa issue is for persons wishing to immigrate to America. If he is going to keep his business there it may be grounds for denial. Do some research and maybe ask a good attorney. Good luck.

Yeah, I kinda had a feeling that would be the case. Guess we'll have to go back to the drawing board on this one. I don't want him to have to give up his business, but I'm not sure what else we can do.

[JimVaPhuong 4,863]

I haven't read the relevant laws regarding this, but I can't find any provision in the I-131 instructions that would allow a K1 to apply for advance parole unless they are applying for AOS at the same time, or already have an AOS petition pending with USCIS.

There are a whole lot of problems with the K1 for someone in your fiance's position. First, he will be required to get married within 90 days of his entry to the US if he is to have any chance of getting a green card. He'll need a green card or advance parole if he's going to have any chance of leaving the US and returning. It will probably be a minimum of a couple of months before he'll receive the advance parole. If he leaves the US after receiving the advance parole then he'll have to return in time for the green card interview, which may be a month or two after the advance parole is issued. You can't count on ANY of the timing mentioned above - it can vary radically.

Another possibility might be a spousal visa (CR1). The upside is that he'll get a green card within weeks of his arrival in the US - no AOS application to wait out, and its cost less overall than a K1/AOS. The downside is that you have to get married before you send the petition for the visa, and it takes a little longer from petition to visa issuance than a K1. Since he is a male from Pakistan, you can expect a period of administrative processing after the interview and before the visa is issued, regardless of which type of visa you petition and apply for. This is an unfortunate fact of life when dealing with a country that is on the US government's terrorist risk list. The AP could add anywhere from a few weeks to many months.

If he gets a spousal visa, and ultimately gets a green card, he'll be required to actually live in the US. A permanent resident is exactly that - a resident, and not a visitor. There is nothing in the visa or immigration process that requires him to abandon his business in Pakistan, but he'll have to be very careful how he plans his trips, and how long he remains outside the US. If he remains outside the US for more than six months then there is an increased risk that CBP may assume he has abandoned his residency, and they'll revoke his green card when he tries to enter the US. The same applies if he spends a greater proportion of his time outside the US. If he remains outside the US for more than a year then he won't be able to return unless he has an approved re-entry permit from USCIS, or he applies for a returning resident visa from the consulate in Pakistan.

This gets even more complicated when he has to petition to remove conditions on the green card two years after it is issued. It may be more difficult to convince USCIS that you live as a married couple if he spends a considerable amount of his time in Pakistan.

Unfortunately, if you really want to spend your lives together then it sounds like some sacrifices are going to have to be made. The only provision in the system for someone who wants to do what he wants to do is to get a B2 visa and visit the US occasionally, but you already know that's nearly impossible in Pakistan. I wish I had some better advice for you.

[lfcraft 0]

Thanks so much for your thoughtful replies! I kind of expected that sort of answer, but it's good information to know because now we can move forward. It looks like we have some big decisions to make!

Thanks again. I'm hoping I'll be back on this forum more often once we figure out what we're going to do.

[KittyPollitt 284]

Thanks so much for your thoughtful replies! I kind of expected that sort of answer, but it's good information to know because now we can move forward. It looks like we have some big decisions to make!

Thanks again. I'm hoping I'll be back on this forum more often once we figure out what we're going to do.

Is is possible for you to meet in another country and marry? It would have to be planned carefully, you'd have to research said country's regulations about marriage.. But if you're married to a Pakistani national, it might (emphasis on might) become easier for you to come and go from Pakistan, and it opens doors for future immigration to the US for him, when you're both ready..

[Gary and Alla 3,694]

Hello everyone!

My name is Lindsay and I'm new to this forum. I would really appreciate some advice from those who have more experience than me. My fiance and I are trying to figure out what our options are as far as being together. He is from Pakistan and neither of us can get regular tourist visas to each others' countries. I have been to Pakistan once and we've met in Dubai since then. I applied for another Pakistan tourist visa about 6 months ago, but it was not approved. The Pakistani embassy refuses to give me any answers as to why I can't get one now (I believe it's political - Many US diplomat visas have also been held up). My Pakistani fiance was also denied a tourist visa to the U.S. (not surprising though).

So, we've begun discussing other options like applying for a fiance visa. The thing is, even though we're engaged, neither of us is ready to settle in any particular country yet. He has his own business in Pakistan and I have my career here. We'd love to be able to divide our time between each others' homes until we figure out what works best for us, but it doesn't look like we have many options. Even if he comes here to marry me, he won't have enough time to stay and file for permanent residency because he has his business to run. And if he leaves, he won't be able to come back simply because we're married and we'd have to start another long visa process all over again.

My question for you is: Would a case like this warrant receiving advance parole so that he could hold off on adjusting his status after we get married? If so, how many times can he leave/re-enter the US if he does something like this?

Thanks in advance for any advice.

No. First you need to make up YOUR minds. The governments of the two countries are not going to give you open ended visas until you do. Forget that. They do not care that you are in love or he has a business.

It doesn't sound like he wants or needs US permanent residency which are the ultimate goal of all the family based visas, so none of the family based visas are going to be interesting to you.

The best may be the K-3. This would mean you have to get married before filing. Perhaps in Dubai, they do not care WHERE you get married. The K-3 is a multiple entry visa good for two years. He MUST file for AOS within 2 years or lose his opportunity under the K-3 visa. You would have to petition him again with a CR-1 (or another K-3) after that. It would give you two years to decide. He would not need an AP to travel back and forth. If he is gone for more than 6 months at a time they can determine he has abandoned his status, it is not fool proof but perhaps the best in your case.

Edited June 27, 2010 by Gary and Alla

[TBoneTX 43,058]

The best may be the K-3.

The K-3 visa is effectively dead. See the K-3 forum for reasons why, and how, things are being processed now as CR-1.