Unusual K1 Visa purpose

[Arthur & Anna 0]

Hey, I'm brand new here, so please excuse me if I make this post in the wrong place.

I have questions, if there is anyone who's been through this unusual situation before. My fiancee in Russia, is waiting for her interview schedule date. (the petition has been approved and sent to embassy in Moscow) We plan to be married here in the U.S., and then (even before adjustment of status), I plan on moving back with her in Russia. My questions:

1) After we're married, can she leave the U.S. with the same K1 visa? Or will she need something special again? (We don't plan on coming back for at least a year)

2) If anyone has experience here, do I need to make sure my passport will not expire before I return? Will the U.S deny my re-entry if it's expired?

Thank you!

[Kathryn41 3,205]

Well, in many ways you have probably wasted the time and money spent on getting a K-1 visa. The visa is good for a one-time entry to the US for a foreign fiancee of a US citizen to enter the US for the purpose of getting married and applying to remain in the US. There is certainly nothing wrong with applying for the K-1 visa entering the US and getting married and then leaving the US, but you didn't necessarily require a fiancee visa to do that.

If your 'wife' leaves the US after entering on a K-1 visa she will not be allowed back into the US unless she has either her green card (AOS) or a travel document known as Advance Parole (filed for at the same time as the AOS application) or a CR-1 visa. Once the K-1 is used it is over and done with - there is nothing there to be used again.

In order for your wife to return to the US you would need to petition her for an IR-1/CR-1 spousal visa. You would start this by filing the I-130 petition either in the US or at a US Consulate overseas if you are legally living in that country. She would have to redo all of the security checks, medical exams, you would have to provide the same financial information and she would have another interview.

Yes, your passport needs to be valid in order for you to return to the US. If it is due to expire during the time you expect to be away you should go ahead and apply for a new one now. That way you won't have a problem re-entering the US, even though you are a US citizen.

I am not sure why it is necessary for you to move back to Russia right away, but if you chose to remain in the US long enough for her to get her green card, she would be allowed to travel outside of the US for up to one year and still be allowed to return to the US with you (as long as you don't intend to reside overseas and this relocation is temporary). If she planned to be outside of the US for more than one year then she would need a special type of travel permission and would have to return to the US before 2 years are up. If your planned time in Russia is temporary, you may wish to consider delaying your plans to move at least until she gets a green card so you don't have to go through the whole immigration process all over again the following year. The CR-1 process itself takes about a year so you would almost need to apply for it shortly after you leave the US if you wanted to return a year later. If you don't intend to live in the US for a while, then there is no need for any type of visa.

You are making it very complicated on yourself. If you have room to consider other options, you may find it much more sensible to delay your year outside of the US for a few months so she can get her green card.

Edited June 21, 2011 by Kathryn41

[Arthur & Anna 0]

Thank you, Kathryn.. this was VERY helpful. I appreciate the time you took to answer me so well.

I suppose I could have supplied a little more information to start with, but you still answered me. Last year, I wrote the U.S. consulate office in St Petersburg, (where she is) and asked them if she could visit me on a tourist visa, so that we could get married. They said "sure". (shortened a lot) Well, they immediately turned her down for a tourist visa, even before she could say anything at the interview. (They had looked over my letter, explaining that we were to be married, and live in Russia after) They told her ardently, "You MUST file for a K1 visa for this". So.. this is why we took this approach. I'm unaware of any other method. They probably don't have any other option, because our situation is so rare. Do you know of another way?

Yes, we plan on living there permanently.. we bought land there, and plan to live there. We only hoped to visit family here occasionally. So, it appears the government wants to make this as difficult as possible for us. I didn't realize what we'd have to do for her to come back to the U.S. with me.. although I should have. But maybe now the tourist visa will work for her.

Just in deep thought now.. but thank you, once more.

[Kathryn41 3,205]

Ah, I understand.

The Consulate may not have fully appreciated what you were planning on doing, or they were aware that it would be unlikely for her to get a tourist visa to the US, especially when you two were planning on marrying in the US. US foreign officials always suspect potential immigration fraud - that once she was there the two of you would plan to remain in the US and apply for her green card at that time - so set the requirement that she needed the K-1 even to enter the US. It isn't actually an accurate process for your intentions, but then they are the ones who set the hoops and tell you how high to jump. Suspecting that might have been one of the consideration, that is why I phrased my first sentence as I did . . . 'that you don't necessarily need a fiancee visa to do that'. The 'necessarily' was in consideration that the Consulate may not have given her a tourist visa under any circumstances so the only way for her to get to the US would be with a fiancee visa.

It is unfortunate that you were made to spend that amount of money and that amount of effort for what should, in fact, have been a tourist visa. Still, there is no reason why she cannot enter on the K-1, get married and then the two of you leave before the 90 day period authorized by the K-1 entry expires. Since your plans are to live permanently (at least for now) outside of the US, it is not only pointless to apply for a green card, she would also not be eligible. Green cards are for people who intend on living in the US - so you at least save yourself that amount of money.

If and when you do decide to return to the US, you would be able to repeat the process by what is known as a DCF - Direct Counsular Filing - of the I-130 petition. In the meantime, if you are both residing in Russia, own property, have jobs and other evidence that shows your intentions to return to Russia, she should be able to qualify for a visitor's visa more easily in the future.

Good luck to you.

Edited June 21, 2011 by Kathryn41

[Arthur & Anna 0]

Well, in many ways you have probably wasted the time and money spent on getting a K-1 visa. The visa is good for a one-time entry to the US for a foreign fiancee of a US citizen to enter the US for the purpose of getting married and applying to remain in the US. There is certainly nothing wrong with applying for the K-1 visa entering the US and getting married and then leaving the US, but you didn't necessarily require a fiancee visa to do that.

If your 'wife' leaves the US after entering on a K-1 visa she will not be allowed back into the US unless she has either her green card (AOS) or a travel document known as Advance Parole (filed for at the same time as the AOS application) or a CR-1 visa. Once the K-1 is used it is over and done with - there is nothing there to be used again.

In order for your wife to return to the US you would need to petition her for an IR-1/CR-1 spousal visa. You would start this by filing the I-130 petition either in the US or at a US Consulate overseas if you are legally living in that country. She would have to redo all of the security checks, medical exams, you would have to provide the same financial information and she would have another interview.

Yes, your passport needs to be valid in order for you to return to the US. If it is due to expire during the time you expect to be away you should go ahead and apply for a new one now. That way you won't have a problem re-entering the US, even though you are a US citizen.

I am not sure why it is necessary for you to move back to Russia right away, but if you chose to remain in the US long enough for her to get her green card, she would be allowed to travel outside of the US for up to one year and still be allowed to return to the US with you (as long as you don't intend to reside overseas and this relocation is temporary). If she planned to be outside of the US for more than one year then she would need a special type of travel permission and would have to return to the US before 2 years are up. If your planned time in Russia is temporary, you may wish to consider delaying your plans to move at least until she gets a green card so you don't have to go through the whole immigration process all over again the following year. The CR-1 process itself takes about a year so you would almost need to apply for it shortly after you leave the US if you wanted to return a year later. If you don't intend to live in the US for a while, then there is no need for any type of visa.

You are making it very complicated on yourself. If you have room to consider other options, you may find it much more sensible to delay your year outside of the US for a few months so she can get her green card.

[Arthur & Anna 0]

Still figuring out this forum. Sorry for the empty reply. lol

"If and when you do decide to return to the US, you would be able to repeat the process by what is known as a DCF - Direct Counsular Filing - of the I-130 petition."

Well, I will be educating myself on this, for sure. Thank you!

It's quite alright what you said before, about "not necessarily".. I understand this is a rare situation, and I was perhaps too darn honest about our intentions for the tourist visa. But I heard her chances were slim anyway. Yea.. I also understand we're paying for all the fraud out there. Such is life.

Again, I appreciate your help and time. Thank you!

[Gary and Alla 3,694]

Still figuring out this forum. Sorry for the empty reply. lol

"If and when you do decide to return to the US, you would be able to repeat the process by what is known as a DCF - Direct Counsular Filing - of the I-130 petition."

Well, I will be educating myself on this, for sure. Thank you!

It's quite alright what you said before, about "not necessarily".. I understand this is a rare situation, and I was perhaps too darn honest about our intentions for the tourist visa. But I heard her chances were slim anyway. Yea.. I also understand we're paying for all the fraud out there. Such is life.

Again, I appreciate your help and time. Thank you!

All good advice by Kathryn. Unles you just REALLY wanted to get married in the US, you could have gone to Russia, marreid her and applied for a CR-1 or DCF when you are ready to return.

In theory you do not need a K-1 for a foreign person to come to the US and get married but NOT adjust status. But they are not going to believe that a young Russian woman is going to come to the the USA, get married and return to Russia. Yeah, right. (Thats what they will think) If she were from Canada or a visa waiver country, she could come to the US get married in Vegas and take the next flight home and no one would care.

But you are there now, so good luck.

[Arthur & Anna 0]

All good advice by Kathryn. Unles you just REALLY wanted to get married in the US, you could have gone to Russia, marreid her and applied for a CR-1 or DCF when you are ready to return.

In theory you do not need a K-1 for a foreign person to come to the US and get married but NOT adjust status. But they are not going to believe that a young Russian woman is going to come to the the USA, get married and return to Russia. Yeah, right. (Thats what they will think) If she were from Canada or a visa waiver country, she could come to the US get married in Vegas and take the next flight home and no one would care.

But you are there now, so good luck.

Yes, thats exactly right, Alla. We realize more and more what they're thinking. Truth is, she loves her homeland, and wants to stay with family.. I, on the other hand, don't have as many ties here in the u.s.. and land was so much cheaper there. It just made sense for us.

Yes, we really did want to have the wedding here.. for my family. And then one there, in Russia.. for hers. Just a fun dream we had.. just a fun, really expensive dream.

[Arthur & Anna 0]

Sorry.. I assumed Alla. Maybe you're Gary.

[Sergi9 110]

Sorry.. I assumed Alla. Maybe you're Gary.

gary is the one with the hairy chest

[Harsh_77 716]

The main question is why you wanna get married in US?

[Darnell 8,478]

Oh - don't forget - she can get SSN about 2 weeks after she's in USA from a SSA office. Might be useful later, and don't forget to get joint bank account in USA whilst she's still here.

[Arthur & Anna 0]

gary is the one with the hairy chest

Right

[Arthur & Anna 0]

The main question is why you wanna get married in US?

It was just our dream from the beginning, she could meet my family, we could have our "honeymoon" here in western Montana, Glacier Nat. Park, etc.. something I could offer her. Just personal reasons, which should be of no concern to any government agency.

[Arthur & Anna 0]

Oh - don't forget - she can get SSN about 2 weeks after she's in USA from a SSA office. Might be useful later, and don't forget to get joint bank account in USA whilst she's still here.

Oh, thank you. So, she could receive a SSN without even being a resident? hmm.. Also, can I ask why a joint bank account would be good to have here? (and a bank would accept her without being a resident?)

Thank you for your help!