K-1? not sure what to do

[gmk108 0]

Hi everyone,

I am really confused about how to best go about getting married! I have recently become engaged to my French boyfriend (I'm a US citizen), who currently lives in Switzerland. We want to live in the US (I'm in grad school in the US right now), and we're trying to figure out when and where to get married. The main concern we are having is that the day he quits his job he will have to continue working for 3 months. And since we don't know when the K-1 visa will come through, it will be very hard to know when he should quit his job. My question is if we get a K-1 visa, he comes here and we marry, can he then go back to Switzerland to finish his work contract, while also applying for permanent residency in the US? I'm guessing not. What other options would we have? Get married in France and then apply for a spouse visa to the US? We really want to marry in the US. Could he come under the visa waiver and we get married, and then go back to Europe to apply for the spouse visa? Or do we still need to get a K-1 even if he is planning on leaving the US?

Thanks for any advice!

[James And Oksana 19]

I am relatively new at the K1 process myself, as I am getting around paperwork now for my and Oksana's filing. I do remember reading about something called advance parole. Basically it is asking for the permission for the non-US spouse to leave the country and re-enter before getting the adjustment in status. I believe this could be a case where the use of this would be practical. Perhaps someone with experience in advance parole can give you some advice.

Hi everyone,

I am really confused about how to best go about getting married! I have recently become engaged to my French boyfriend (I'm a US citizen), who currently lives in Switzerland. We want to live in the US (I'm in grad school in the US right now), and we're trying to figure out when and where to get married. The main concern we are having is that the day he quits his job he will have to continue working for 3 months. And since we don't know when the K-1 visa will come through, it will be very hard to know when he should quit his job. My question is if we get a K-1 visa, he comes here and we marry, can he then go back to Switzerland to finish his work contract, while also applying for permanent residency in the US? I'm guessing not. What other options would we have? Get married in France and then apply for a spouse visa to the US? We really want to marry in the US. Could he come under the visa waiver and we get married, and then go back to Europe to apply for the spouse visa? Or do we still need to get a K-1 even if he is planning on leaving the US?

Thanks for any advice!

[Ryan H 3,812]

My question is if we get a K-1 visa, he comes here and we marry, can he then go back to Switzerland to finish his work contract, while also applying for permanent residency in the US? I'm guessing not.

Once entering on a K1, he would have to obtain advanced parole (AP). Given his employment situation, my opinion is the K1 may not be the best route for you.

What other options would we have? Get married in France and then apply for a spouse visa to the US?

This would be my recommendation.

We really want to marry in the US. Could he come under the visa waiver and we get married, and then go back to Europe to apply for the spouse visa?

Since he would be intending to return at the end of the trip, there is no immigration intent on that specific trip, therefore, he can come on the VWP and you two can marry. He should bring evidence of strong ties to France should CBP decide to question him when he arrives.

Edited November 28, 2010 by Ryan H

[Ryan H 3,812]

Once entering on a K1, he would have to obtain advanced parole (AP). Given his employment situation, my opinion is the K1 may not be the best route for you.

I have heard that AP takes a little while to obtain (others can probably be more specific). This could present time issues with him needing to return by a certain time in order to complete his employment obligation.

[KittyPollitt 284]

As Ryan said, he can come in on the Visa Waiver Program, and you can marry here, then he can return to Switzerland and you can file for a CR-1. When he enters the US on the CR-1, he will be sent his greencard in the mail and can travel freely. However, he must maintain a residence in the US and pay taxes on his taxable income to maintain the greencard. Meaning, he'd have to spend more time in the US than out to keep it. Bear that in mind.

[VanessaTony 3,567]

I'm not really sure what the problem is...

He gets the visa, he has SIX months to use it (i.e. move to the US). When he arrives in the US you guys have 90 days to marry.

So, get the visa, give notice at work. Work for 3 months while getting his other affairs in order, move to US. Get married in the 90 days. Live happily ever after.

He could also quit early.. but if his income matters (i.e. he can't go live with his parents while waiting to move) he could be stuck a while, let alone if you get denied, or some other obstacles.

If I were you I'd wait till he gets the visa then quit his job. Yeah it sucks waiting 3 extra months, but that seems to be the best option.

AP does exist and you would file it when you file AOS but I don't think that would work. First, usually they don't approve an expedite for work reasons (you're supposed to MOVE to the US..) so you'd get it in the normal timeframe which is 2 months. Not many jobs would permit 2 months holiday when they know you're gunna quit when you get back... That's 2 months to process the AP, that's not taking into account however long it takes to get married, get the marriage certificate, file AOS, possible RFE's.. could be even longer than 2 months.. plus do you really wanna separate after waiting so long to be together?

Another idea is once he gets the visa you could go and visit him and catch the same flight back to the US so you're kinda helping himmove (esp if you don't take much stuff so he can use your bag allowance. You could also have a sort of farewell/wedding celebration with his family and friends.. making sure it doesn't LOOK official and is just a party.

Good luck.

Edited November 28, 2010 by Vanessa&Tony

[gmk108 0]

Thank you both for your responses. Very helpful for us!

Do you know how long it takes to get it advanced parole and/or how long it's good for (or where to find that info)?

Ryan H., if he did come on a VWP and we got married, would this at all be a problem when we apply for a spouse visa? Or would the fact that the intent was not immigration during that specific entry show to immigration officials that we aren't trying to skirt the rules? I'm really new to all this, so thanks again for your help!

[thelastpetitioner 218]

Thank you both for your responses. Very helpful for us!

Do you know how long it takes to get it advanced parole and/or how long it's good for (or where to find that info)?

Ryan H., if he did come on a VWP and we got married, would this at all be a problem when we apply for a spouse visa? Or would the fact that the intent was not immigration during that specific entry show to immigration officials that we aren't trying to skirt the rules? I'm really new to all this, so thanks again for your help!

it would be a problem if he came to the states on a VWP,got married then stayed and applied to adjust status,that would be visa fraud,but coming,getting married THEN LEAVING,is perfectly legal

[gmk108 0]

Thanks everyone for your help and clarification. Makes everything much easier to sort out!

Good luck to everyone!

[coraliesolms 47]

Im with Vanessa and Tony on this one.. he has 6 months to use the visa after it is issued... apply for K-1 and upon approval, give his work notice, as you say thats only 3 months. That leaves him with 3 months to pack up and get to the US.. plus another 90 days AFTER that to get married. You will be fine. This is the very reason they give 6 months to use the visa... because they understand (one of the few things they make convenient), that people cant just pack up their whole lives in a few days and move.

Good luck!

[VanessaTony 3,567]

Thank you both for your responses. Very helpful for us!

Do you know how long it takes to get it advanced parole and/or how long it's good for (or where to find that info)?

Ryan H., if he did come on a VWP and we got married, would this at all be a problem when we apply for a spouse visa? Or would the fact that the intent was not immigration during that specific entry show to immigration officials that we aren't trying to skirt the rules? I'm really new to all this, so thanks again for your help!

As I stated in my post, AP is applied for with AOS. It takes around 2 months to approve. You can apply for an expedite but they don't often grant this for "work reasons"... there was a post just last week where a guy was denied an expedite for the same reason.

AP is valid for 12 months, or until you get your GC.

Also as stated by someone else above, getting married on the VWP is fine. It's entering with intent to immigrate that's fraud so as long as you get married and he leaves there's no problem.

Honestly, I would save the money from that flight (and whatever time off he has) for a better time to visit rather than rushing to get married... esp when he has 6 months to use the K1 visa when he does get it. It also means you can start the process NOW rather than waiting for him to get time off, fly over, get married, wait for the certificate and THEN file.

Edited November 28, 2010 by Vanessa&Tony

[Ryan H 3,812]

Ryan H., if he did come on a VWP and we got married, would this at all be a problem when we apply for a spouse visa? Or would the fact that the intent was not immigration during that specific entry show to immigration officials that we aren't trying to skirt the rules? I'm really new to all this, so thanks again for your help!

The fact that he would have left the US after you got married and then you filed would show that you were not trying to skirt the rules.

I had forgotten about the 6th month validity from date of issue for a K1. I think Vanessa&Tony gave you a good suggestion on a course of action and said suggestion was reiterated by coraliesolms. With the 6 month validity of a K1 visa now in my mind and reading what your desires are in your original post, you may find the best course of action is to apply for a K1 and once it is issued, he can fulfill his 3 month commitment to his employer and prepare to relocate during this time. Once he fulfills his 3-month commitment, he moves and you guys begin your new life together. Just don't forget to marry within 90 days of his arrival. After you marry in the US, it will be necessary to apply for Adjustment of Status (AOS). While I suggest you familiarize yourself about the AOS process now, do not overly concern yourself with it at this stage; you will have plenty of time to learn all about it between now and when the time comes.

Whichever course of action you decide, I wish you good luck and best wishes!

[Sra Gomez 9]

I'm not really sure what the problem is...

He gets the visa, he has SIX months to use it (i.e. move to the US). When he arrives in the US you guys have 90 days to marry.

So, get the visa, give notice at work. Work for 3 months while getting his other affairs in order, move to US. Get married in the 90 days. Live happily ever after.

That right there would be the best option for you. That way he can give his full 3 month notice to his job, and you will have the visa in hand to be used in 6 months. It will also give you plenty of time to plan the wedding in the US.

[SabrinaFrance 8]

Hi everyone,

I am really confused about how to best go about getting married! I have recently become engaged to my French boyfriend (I'm a US citizen), who currently lives in Switzerland. We want to live in the US (I'm in grad school in the US right now), and we're trying to figure out when and where to get married. The main concern we are having is that the day he quits his job he will have to continue working for 3 months. And since we don't know when the K-1 visa will come through, it will be very hard to know when he should quit his job. My question is if we get a K-1 visa, he comes here and we marry, can he then go back to Switzerland to finish his work contract, while also applying for permanent residency in the US? I'm guessing not. What other options would we have? Get married in France and then apply for a spouse visa to the US? We really want to marry in the US. Could he come under the visa waiver and we get married, and then go back to Europe to apply for the spouse visa? Or do we still need to get a K-1 even if he is planning on leaving the US?

Thanks for any advice!

If you choose the K1 route, he should give his leaving notice once your NOA2 is approved. The Paris embassy stage takes from 2 to 3 months. So it works out pretty well that way. Besides even if the visa is issued a bit faster than that it is valid for 6 months, so he will have plenty of time to get his things in order.

I did it that way and it worked really well.

[pushbrk 12,969]

Hi everyone,

I am really confused about how to best go about getting married! I have recently become engaged to my French boyfriend (I'm a US citizen), who currently lives in Switzerland. We want to live in the US (I'm in grad school in the US right now), and we're trying to figure out when and where to get married. The main concern we are having is that the day he quits his job he will have to continue working for 3 months. And since we don't know when the K-1 visa will come through, it will be very hard to know when he should quit his job. My question is if we get a K-1 visa, he comes here and we marry, can he then go back to Switzerland to finish his work contract, while also applying for permanent residency in the US? I'm guessing not. What other options would we have? Get married in France and then apply for a spouse visa to the US? We really want to marry in the US. Could he come under the visa waiver and we get married, and then go back to Europe to apply for the spouse visa? Or do we still need to get a K-1 even if he is planning on leaving the US?

Thanks for any advice!

The best option for your circumstances may well be to marry first, wherever you want or can arrange, then go through the CR1 visa process. Once the visa is in hand, he has six months to use it. On the other hand he has six months to use the K1 visa too. Pick the one that best fits your circumstances and priorities.