Getting a K3 visa AFTER a K1 Visa - is it a bad idea?

[louielou1234 0]

Hi,

I am just wondering if there is anything stupid in doing this:

-Apply for a K1 Visa.

-Bring my girlfriend to the USA on the K1 Visa.

-Tour around USA for a month or two, then have my girlfriend return to Thailand and let the K1 expire.

-Now I go back to Thailand a few months later and now marry the girl properly in Thailand.

-Now I apply for a K3 visa this time.

Anybody think this is a bad idea?

Very much appreciated,

Louie.

[Asia 2,499]

1. K3 is obsolete, so you'd probably fill for CR1.

2. Do you really want to spend all that money for K1 and then spend all that money to fill for a spouse visa? Sorry for asking, but what is wrong with getting married in the US (which is the purpose of K1 visa)?

[lufthgiled 6]

not stupid or bad if you two are not so eager to be together and if you have lots of money..

but if I were you I would file K1 and if turns successful and your girl arrive in US

before visa expire, marry her and live your life happy together while doing aos.

it's like your already on bed but you choose to lie down on the floor again..

and k3 is change into IR-CR1 (I think) FYI.

[Jason32 5]

In order to use a K1 visa you MUST marry in the US within 90 days of arrival. The K1 is a one time use visa that is no longer valid after arrival. If you don't get married within 90 days you have committed visa fraud and it is unlikely that you would be able to submit a I-130 petition for her after marrying in Thailand. Either get the K1, marry in the US, and then wait for AP to go to Thailand, or get married proper in Thailand, apply for the CR1 and immigrate to the US after the visa is in hand.

[baron555 934]

In order to use a K1 visa you MUST marry in the US within 90 days of arrival. The K1 is a one time use visa that is no longer valid after arrival. If you don't get married within 90 days you have committed visa fraud and it is unlikely that you would be able to submit a I-130 petition for her after marrying in Thailand. Either get the K1, marry in the US, and then wait for AP to go to Thailand, or get married proper in Thailand, apply for the CR1 and immigrate to the US after the visa is in hand.

Not sure if it's true visa fraud, since she will go back before the 90 days is over......but....you guys will have some explaining to do at the CR-1 interview......unless you let some time go by between the two visa petitions.

Why not just have her apply for a tourist visa to the US first?

[Jason32 5]

Not sure if it's true visa fraud, since she will go back before the 90 days is over......but....you guys will have some explaining to do at the CR-1 interview......unless you let some time go by between the two visa petitions.

Why not just have her apply for a tourist visa to the US first?

Intent is the determining factor in fraud. If one intends to get a K1 visa and not get married in the US within 90 days, then that is fraud. Unless they admit that is their plan in the interview, at which time, the visa will be denied. However, it is possible to get the K1, get a civil marriage in the US within 90 days, adjust status and apply for AP, and then head back to Thailand for the ceremony and come back to the US with the AP.