Why K-1 and not K-3 / Why getting married in US instead here

[Kathryn41 3,205]

Duplicate threads asking virtually the same question have been merged. It is not necessary to ask the same question in more than one thread.,

[LarrynElena 0]

If you really loved the person and wanted to get married, it wouldn't matter to you were your wedding was. You would say that, "It is what WE decided to do, but I would marry in either place if I have to because we love each other." Or " We will live in America so that is where we will marry." US congress could care less about your romance. You must meet each other before a K-1 visa, You do know this, Right? You can't put the cart before the horse. Decide which visa, then worry about the interview later.

[Penguin_ie 5,986]

I think this is the first time US congress like us to have a romance...This visa would give me 90 days and it will allow me to be with teh person prior to get married and that sounds very romanic to me. Don't you think that is teh best answer anyone can give?

Sounds romantic to me, but to a CO, could sound like "I want 90 days to 'try before I buy'. "

[US_SL 2]

Sounds romantic to me, but to a CO, could sound like "I want 90 days to 'try before I buy'. "

I think so too...

I was married earlier and recently got divorced. So, i know why my first marriage went to trash. She came after 4.5 yers later. So, being married and leaving teh spouse behind again is something i can't take anymore. This would be teh answer i think. Not to ahve that failed feeling with me again.

[Prawninator 138]

I think this is the first time US congress like us to have a romance...This visa would give me 90 days and it will allow me to be with teh person prior to get married and that sounds very romanic to me. Don't you think that is teh best answer anyone can give?

I have to agree with Penguin, it may sound fishy. Basically, the romance, at least according to the USCIS or DHS or whatever, is meant for your courtship, i.e. BEFORE filing anything. Other threads have said before and again that the 90-day entry visa is NOT for you to figure out if you really want to go through with the marriage or not; that should be done prior to filing.

[Gingerpants 8]

I don't think everyone gets asked, but it is definitely a common question. Have a think about it... surely you and your fiance discussed the question of where to get married? Maybe you decided to get married in the USA and go for the K1 because you didn't want to be separated after being married, as would happen with a spousal visa app; maybe it's easier for family to go to the wedding in the USA. Maybe you have a church you want to get married in there....

So if we are living together in the beneficiary's country until the k1 is granted and the interviewer asks "why didn't you marry in Ireland and then apply for a spousal visa?" Would it be acceptable to say that we felt it would be special to have the civil ceremony in the city where we met and then later celebrate in Ireland once we've settled in?

I guess I didn't realise it would matter to them which visa path we took as long as we were honest and did everything by the book.

[moleary 2]

Although I wasn't asked that question, I did have an answer - I had been asked that by friends already. I basically said that "it is hard enough being apart while we are engaged - but it would be horrible to have to live apart after we are married! If we got married here (in my country) I couldn't go and live with him as his wife until after the spousal paperwork was done, and that isn't the way we want to start our married life together - separated. We want to be able to stay together once we are married so that means a fiancee visa and getting married in the States."

Q.E.D.

[US_SL 2]

Although I wasn't asked that question, I did have an answer - I had been asked that by friends already. I basically said that "it is hard enough being apart while we are engaged - but it would be horrible to have to live apart after we are married! If we got married here (in my country) I couldn't go and live with him as his wife until after the spousal paperwork was done, and that isn't the way we want to start our married life together - separated. We want to be able to stay together once we are married so that means a fiancee visa and getting married in the States."

This is the perfect answer it seems...thanks so much for the insight. I guess i had this somewhere in mind but you came out and put it out the way it suppose to! Thank you.

[John & Flor 3]

Yes, that is the best answer, in my opinion.

Why marry in US and not your home? I want to be with my spouse after we are married and not separated after marriage.

Why are you applying for the K-1? Becuase I want to be with the person I love.

Simple is best here, for what I've researched.

[inloveVEN 46]

Hi

In my opinion, you just have to think firstly, why do you want to do that? and then you can answer this question for yourself. I think that everybody have its own reasons, and none can deny that.

so, why to be worried for an specific answer, that at the moment of the interview you probably are not going to sound truthful..

So, think in your reasons, any reason are important. A good reason you did say it already. You just dont want to get marry in other place, and you have a budget base on a civil wedding in USA, with a couples of friends. I think if this is your desired, it is perfectly valid

[JimVaPhuong 4,863]

Surely, there must be a real reason why you chose the K1 rather than getting married (usually in the beneficiary's home country)? Is there a reason not to tell them the real reason? Why the need to conjure up some romantic story?

The original intent of the K1 was to provide a way for a US citizen to marry a foreigner when it was difficult or impossible to marry in the foreigner's home country. Legal roadblocks and social or religious taboos prevented many Americans from marrying their fiancees abroad. Those are real, practical reasons for not being able to marry and pursue a spousal visa.

The K1 has several advantages over a spousal visa.

In some countries it takes several weeks for a local citizen to obtain a license and marry a foreigner. Due to work or other commitments, it might not be possible for the US citizen to stay in the beneficiary's country this long. Some countries won't issue a marriage license if the foreigner has certain physical or mental impediments. A foreigner who takes medication for depression or anxiety might not be able to get a marriage license. Some countries have additional requirements that either the petitioner or beneficiary might not be able to meet. For example, in Vietnam the local citizen must attend an interview with the foreigner and prove he/she is fluent in the foreigner's language, even if the foreigner is fluent in Vietnamese. All of these are very practical reasons for getting a K1.

Children are eligible for derivative K2 visas as long as they adjust status before they are 21. With the spousal visa, the children are only eligible for derivative visas if the marriage occurred before they are 18. If your fiancee has a child who is over 18 but under 21 then that would be a good reason to choose a K1.

For some US citizens, it's very important that their family members attend the wedding. It may be difficult or impossible for their family to travel to the beneficiary's country. A K1 is a better option in this case.

One poster mentioned they didn't want to be separated from their spouse once they were married. Again, a very good practical reason for choosing a K1.

I think the "perfect" answer to the question is the answer that's the truth.

[US_SL 2]

Surely, there must be a real reason why you chose the K1 rather than getting married (usually in the beneficiary's home country)? Is there a reason not to tell them the real reason? Why the need to conjure up some romantic story?

The original intent of the K1 was to provide a way for a US citizen to marry a foreigner when it was difficult or impossible to marry in the foreigner's home country. Legal roadblocks and social or religious taboos prevented many Americans from marrying their fiancees abroad. Those are real, practical reasons for not being able to marry and pursue a spousal visa.

The K1 has several advantages over a spousal visa.

In some countries it takes several weeks for a local citizen to obtain a license and marry a foreigner. Due to work or other commitments, it might not be possible for the US citizen to stay in the beneficiary's country this long. Some countries won't issue a marriage license if the foreigner has certain physical or mental impediments. A foreigner who takes medication for depression or anxiety might not be able to get a marriage license. Some countries have additional requirements that either the petitioner or beneficiary might not be able to meet. For example, in Vietnam the local citizen must attend an interview with the foreigner and prove he/she is fluent in the foreigner's language, even if the foreigner is fluent in Vietnamese. All of these are very practical reasons for getting a K1.

Children are eligible for derivative K2 visas as long as they adjust status before they are 21. With the spousal visa, the children are only eligible for derivative visas if the marriage occurred before they are 18. If your fiancee has a child who is over 18 but under 21 then that would be a good reason to choose a K1.

For some US citizens, it's very important that their family members attend the wedding. It may be difficult or impossible for their family to travel to the beneficiary's country. A K1 is a better option in this case.

One poster mentioned they didn't want to be separated from their spouse once they were married. Again, a very good practical reason for choosing a K1.

I think the "perfect" answer to the question is the answer that's the truth.

Thank you all for weighing in...

[kennym 275]

For me, I had considered getting married in my fiancee's country.. there were several issues that either made it too complicated, or not possible..

The first thing that made it not possible was my birth certificate.. Simply put, I was hatched in Germany in a US Army Hospital.. Although I have an original copy of Dept of State Birth Certificate as well as Report of Birth of US Citizen abroad, Colombia wants a German Birth Certificate which does not exist.

Secondly - Reporting the Marriage to the US and validating the Marriage in US Government's eyes seemed complicated to me. Then proving that we were married seemed like an additonal element which could have further complicated our petition and visa application.

Third - and maybe most important.. I would have hated to be married then find that our Visa was denied for some un-foreseen reason would have just been something I could not have dealt with very well...

They're may had been easy answers to all the above concerns, but with my limited inteligence, I felt the fiancee visa was the path for me..

[sassafrass417 0]

Although I wasn't asked that question, I did have an answer - I had been asked that by friends already. I basically said that "it is hard enough being apart while we are engaged - but it would be horrible to have to live apart after we are married! If we got married here (in my country) I couldn't go and live with him as his wife until after the spousal paperwork was done, and that isn't the way we want to start our married life together - separated. We want to be able to stay together once we are married so that means a fiancee visa and getting married in the States."

Great answer!

[US_SL 2]

Be very CAREFUL when answering that particular question. It's a tricky question used by CO's to see if any answer you give them can be used to deny the K1 visa. Here is MY PERSONAL EXPERIENCE (I am the USC and I was at the interview):

CO: Why did you apply for a K1? Why didn't you get married here and then apply for a K3 or a CR/1?

Me: Well, I have kids that he never met. We wanted him to come over first and meet my kids as my fiance first and then once the ice was broken, we would get married.

Fast forward to the end: His K1 visa application was denied. Based on my answer. They interpreted my answer to mean that I just wanted to "understudy" him first and that I "needed" my kids approval to get married. That I had no serious intentions of marrying him. That my intentions were based on external events that had to meet with my approval first.

In retrospect (20/20 hindsight), what I SHOULD have said was this:

CO: Why did you apply for a K1? Why didn't you get married here and then apply for a K3 or a CR/1?

Me: I want my whole family, which is very large, to be at our wedding.

This answer would NOT have given them any chance to misconstrue.

You get my point here???

Good luck to you.

Debby, Can you please weigh into my other thread under both pet/ben are divorced? If you can read teh complete correspondence from others and my input you can get a better idea of where i stand. I think that will be the hardest part of my fiancee interview...PLEASE