K1 visa to green card

[Dudes4Life 0]

Hello all!

My first post here but just wanted to say thanks to everyone for sharing stories and ideas.... it makes this process seem a little less overwhelming.

Andreas and I have been together for two years, traveling back and forth to eachother's homes. It has worked well for us and we have a secure, strong relationship. Eventually we are planning to live together full-time, but not right away. He will be here for 6 weeks or so in July and if all goes well, he will enter on a K1 visa and we will get married. My question is, if we wait a year after getting married to file for the green card, would we then need to file an I-130 petition to start that process or if you have a K1 visa (it would be expired by the time we started the next step) is that enough to start the I-485 paperwork? After we are married, he will continue to make trips to visit, would a tourist visa be okay to travel on? And no, he wouldn't be working here at all. He has a great, flexible job at home that is enjoyable for him, flexible enough to visit me often. Until the economy improves, it doesn't make sense for us to have him quit his job and move here immediately.

The second part to that is if it is necessary for us to start the green card process straight away, will is look suspicious if he isn't living/working here? I understand that there is a review or change of status process after 2 years of being granted residency?

And lastly, anyone know if a the residency status/green card would change his status or ability to work in his own country (Swedish, living and working in Norway)?

Any [accurate] information would be great appreciated! Thank you.

[TwoCats 55]

It seems to me that you do not want a K-1 visa.

A K-1 means that your foreign fiance enters, you get married within 90 days, and need to file the AOS to get a permanent green card. Your spouse cannot work or travel until they get documents related to the AOS (Advanced Parole and Work Authorization).

It sounds to me like you want to get married and have him continue to live/work overseas?

Rather than a K-1, you want to just have him come over on a visit and get married then return home.

Then file for the CR-1/IR-1 spousal visa when he is actually ready to immigrate.

K-1 just doesn't seem to fit in your case.

Edited March 21, 2011 by TwoCats

[belinda63 2,981]

Why are you applying for a K-1 if he does not intend to live here? He can come on a tourist visa/vwp and marry you as long as he does not intend to live here which is what it sounds like.

If he comes on a K-1 visa the visa is void as soon as he uses it. It is a one time use visa. Once he enters on the K-1 you must marry within 90 days and UNTIL he files for AOS and obtains advance parole he cannot leave the country without abandoning his AOS application.

If you marry wait until he is ready to move here and file for a spousal visa.

The purpose of a green card is to live and work in the US, it is NOT a tourist pass.

I see you have already filed for the K-1. Unless he plans on living in the US sorry you just wasted your money.

Edited March 21, 2011 by belinda63

[Habakkuk2vs3 3]

I TOTALLY agree with the previous replies, if he is not READY to move here permanently then no need to apply yet.

[SophWeb 25]

I think you tried to do the right thing - did you think that he needed the K-1 to be able to enter and marry in the US? While you do need a K-1 to do that, it only applicable if you intend to immigrate and STAY in the US. He can enter on a tourist visa and marry you so long as he has no intention of staying in the US.

I agree with above advice - just have him come over on a tourist visa, marry, leave, and then apply for a spousal visa once you are both ready for him to like in the US permanently with you.

[Dudes4Life 0]

Thanks for the information, I suspected that I had done something wrong when I was reading through the posts. I misread the visa fraud information about coming to the US with intent to marry (and stay etc). I had thought a visa was needed to get married at all. So, yes, I have sent the I129F petition in and NOA1 received (check cashed). Any advise for what to do next? Should I call USCIS to cancel the K1 visa? I know I will likely be out the $$ but I don't want it to look like we have changed our minds about being together.

I guess this is good news for us.... we don't have to wait for the visa. However, when Andreas came to the US in December, the customs officers were questioning him hard about us getting married and even detained him and called me to see if I had intention to marry him while he was here. That combined with the fear of visa fraud, I guess I jumped the gun!

Well, maybe someone will read this and not make the same mistake! Thanks again for the help and support.

[TwoCats 55]

Thanks for the information, I suspected that I had done something wrong when I was reading through the posts. I misread the visa fraud information about coming to the US with intent to marry (and stay etc). I had thought a visa was needed to get married at all. So, yes, I have sent the I129F petition in and NOA1 received (check cashed). Any advise for what to do next? Should I call USCIS to cancel the K1 visa? I know I will likely be out the $ but I don't want it to look like we have changed our minds about being together.

I guess this is good news for us.... we don't have to wait for the visa. However, when Andreas came to the US in December, the customs officers were questioning him hard about us getting married and even detained him and called me to see if I had intention to marry him while he was here. That combined with the fear of visa fraud, I guess I jumped the gun!

Well, maybe someone will read this and not make the same mistake! Thanks again for the help and support.

You should probably send a letter in writing to the office that is adjudicating your petition and ask for it to be canceled. You could even explain that you made a mistake and filed for the incorrect visa.

As for visiting, any time you go through the border is a bit of a gamble. My beloved was questioned thoroughly once (he was unemployed at the time and staying quite a while), and got through the next two times without a single question (after he was working). The number of times you visit tends to raise the questions, though. I visited the UK twice in a matter of three months and was questioned on the second visit. I haven't been back in a year due to it. I'm hoping that since it's been a while, they won't give me the third-degree this time.