My recent K-1 Application, few questions

[tigey 10]

Hello everyone, I have recently submitted an application package for a K-1 Visa. After I get the Visa, I was wondering if I could be married in my home country soon before I enter on the USA, due to the fact that the ceremony will be held in my home country. The records will be kept here in Belize.

Also, once I travel on the K-1 and after we get married and submit the Adjustment of Status, why do I have to submit a I-864 Affidavit of support with this package, if I already submitted a I-134 Affidavit of support with the Visa application?

I have a UK passport and travel on a Visa Waiver. Can I use this to visit my home country after I submit the Adjustment of Status? Or when I re-enter will it void the I-145 application? Wont I be out of status if I stay in the USA 90 days after I enter on the K-1?

I had a F-1 and after I graduated from University, I applied for Optional Practical Training and received a EAD valid for one year. I found a job and my company sponsored my H1-B (during this time I met my fiance). When applying for the I-165 Application for Employment authorization, do I renew the old EAD from my F-1? Or submit a new application? (I lost my old expired EAD)

Thanks for any help guys!

[Harpa Timsah 13,258]

You seem to be looking for loophole in the law, and some of your proposed activities will result in a lifetime ban from the US. I suggest you read up on the rules and study much.

1. You cannot get married in Belize before you enter on your K-1 visa. You must be free to marry when you enter with your K-1 visa. To do otherwise is material misrepresentation and will get you a lifetime ban from the US. There is a story of a Japanese couple who did what you are suggesting, got married, moved here on K-1 visa, and even had a few kids before they got caught. Now the wife has been deported and banned for life - their family ripped apart because of their own misdeeds.

2. Yes your spouse must submit a I-864 with the AOS.

3. You cannot circumvent immigration rules by using two passports. They will know that you left on another passport, and your AOS will be denied. You would have to start over with a spousal visa. Once you enter on the K-1 visa, that visa is void. You will not be able to leave the country until you marry, file AOS, and get approved for a temporary travel permission, called Advance Parole (AP). This will take a few months, so be prepared to stay in the US for a few months at least. Leaving the US will automatically abandon your AOS process.

4. You submit a new application.

Good luck.

[KittyPollitt 284]

Hello everyone, I have recently submitted an application package for a K-1 Visa. After I get the Visa, I was wondering if I could be married in my home country soon before I enter on the USA, due to the fact that the ceremony will be held in my home country. The records will be kept here in Belize.

Also, once I travel on the K-1 and after we get married and submit the Adjustment of Status, why do I have to submit a I-864 Affidavit of support with this package, if I already submitted a I-134 Affidavit of support with the Visa application?

I have a UK passport and travel on a Visa Waiver. Can I use this to visit my home country after I submit the Adjustment of Status? Or when I re-enter will it void the I-145 application? Wont I be out of status if I stay in the USA 90 days after I enter on the K-1?

I had a F-1 and after I graduated from University, I applied for Optional Practical Training and received a EAD valid for one year. I found a job and my company sponsored my H1-B (during this time I met my fiance). When applying for the I-165 Application for Employment authorization, do I renew the old EAD from my F-1? Or submit a new application? (I lost my old expired EAD)

Thanks for any help guys!

You're in the US now? If you are, what are you concerned about a K1 for??

[Dan & Jenni 457]

Hello everyone, I have recently submitted an application package for a K-1 Visa. After I get the Visa, I was wondering if I could be married in my home country soon before I enter on the USA, due to the fact that the ceremony will be held in my home country. The records will be kept here in Belize. no you cant. you cant enter on a fiance visa if you are already married.

Also, once I travel on the K-1 and after we get married and submit the Adjustment of Status, why do I have to submit a I-864 Affidavit of support with this package, if I already submitted a I-134 Affidavit of support with the Visa application? the I-864 is legally enforceable whereas the I-134 isnt.

I have a UK passport and travel on a Visa Waiver. Can I use this to visit my home country after I submit the Adjustment of Status? Or when I re-enter will it void the I-145 application? Wont I be out of status if I stay in the USA 90 days after I enter on the K-1? unless you have AP or your greencard you will not be allowed to re-enter the US

I had a F-1 and after I graduated from University, I applied for Optional Practical Training and received a EAD valid for one year. I found a job and my company sponsored my H1-B (during this time I met my fiance). When applying for the I-165 Application for Employment authorization, do I renew the old EAD from my F-1? Or submit a new application? (I lost my old expired EAD) submit new

Thanks for any help guys!

[tigey 10]

You're in the US now? If you are, what are you concerned about a K1 for??

no I'm not. Even if I was this has nothing to do with my questions.

[tigey 10]

You seem to be looking for loophole in the law, and some of your proposed activities will result in a lifetime ban from the US. I suggest you read up on the rules and study much.

1. You cannot get married in Belize before you enter on your K-1 visa. You must be free to marry when you enter with your K-1 visa. To do otherwise is material misrepresentation and will get you a lifetime ban from the US. There is a story of a Japanese couple who did what you are suggesting, got married, moved here on K-1 visa, and even had a few kids before they got caught. Now the wife has been deported and banned for life - their family ripped apart because of their own misdeeds.

2. Yes your spouse must submit a I-864 with the AOS.

3. You cannot circumvent immigration rules by using two passports. They will know that you left on another passport, and your AOS will be denied. You would have to start over with a spousal visa. Once you enter on the K-1 visa, that visa is void. You will not be able to leave the country until you marry, file AOS, and get approved for a temporary travel permission, called Advance Parole (AP). This will take a few months, so be prepared to stay in the US for a few months at least. Leaving the US will automatically abandon your AOS process.

4. You submit a new application.

Good luck.

Thank you for your advice. I am not trying to be deceitful, I was just confused as to what the exact rules are.

I wanted to get married in Belize so as to get my fiance her Belizean Citizenship so, ultimately, our children could have dual nationality. Of course I will not do this now. Thanks for the info!

Also, I am part owner in a business that would require me to be present for monthly meetings in my home country, this is why I wanted to know if I could leave. Just out of curiosity, why would they not want you to leave the country? I would like to spend a honeymoon in Europe, I suppose this means we can not leave? Travel permission should be given as soon as they receive the adjustment of status, why do they care about your location?

Does anyone know if I need to use my old EAD from the F-1? Or a new one?

Also, I am a UK citizen and naturalized Belizean citizen. Can I eventually become an American citizen?

thanks!

[Andie 147]

You're in the US now? If you are, what are you concerned about a K1 for??

Well really the issue is .. if you are planning to get married in your home country the K1 is irrelevant.

[tigey 10]

Well really the issue is .. if you are planning to get married in your home country the K1 is irrelevant.

It was just a thought. Now I know I must get married in the USA. Thanks.

[Harpa Timsah 13,258]

Thank you for your advice. I am not trying to be deceitful, I was just confused as to what the exact rules are.

I wanted to get married in Belize so as to get my fiance her Belizean Citizenship so, ultimately, our children could have dual nationality. Of course I will not do this now. Thanks for the info!

Also, I am part owner in a business that would require me to be present for monthly meetings in my home country, this is why I wanted to know if I could leave. Just out of curiosity, why would they not want you to leave the country? I would like to spend a honeymoon in Europe, I suppose this means we can not leave? Travel permission should be given as soon as they receive the adjustment of status, why do they care about your location?

Does anyone know if I need to use my old EAD from the F-1? Or a new one?

Also, I am a UK citizen and naturalized Belizean citizen. Can I eventually become an American citizen?

thanks!

Once you enter in the US on a K-1 visa, you have to marry, then file AOS, and wait until you get travel permission. You cannot leave the country until you have this document, or you will abandon your AOS, lose money (over $1000 for the AOS) and have to start over. It takes at least a few months to get travel permission. The K-1 is a one-time use visa. As to why they care, I do not know, but I will repeat, you cannot travel freely once you enter the US on a K-1 visa; you have to wait months for your travel permission to be approved. It is not approved the instant they receive your package.

If you not only want to marry in Belize, but also need to travel all the time, then I don't think the fiance visa is the right one for you. Please consider the CR-1 spousal visa. You can marry anywhere you want (in Belize! or the moon) and once you enter the US on your CR-1 visa, you trigger your Permanent Resident Status with the right to work and travel and live in the US - immediately. There is no waiting around for papers to be approved. The process takes around 10 months, only about a month longer than the fiance visa takes, and it is much cheaper than the K-1 (when you add in the AOS fees). You can visit the US in the meantime.

I already answered about the EAD: you apply for a new one and it is a new application (permission to accept employment, not permission to renew).

Yes you can eventually become a US Citizen. Having two other citizenships doesn't preclude you from that, though once you get there you will have to learn what the US policy is on dual nationals.

Good luck.

[KittyPollitt 284]

no I'm not. Even if I was this has nothing to do with my questions.

Um yeah it would. If you were here, you wouldn't need a visa. But since you are not here, you can file for advance parole when you adjust status, it takes about 60-90 days to receive, depending on your local USCIS office. That'd be a way you could leave the US during AOS processing.