Small Query - Wish to marry, but not immigrate right away

[AndrewMc 36]

Hello there,

I'm sure similar questions have been answered like this in the past (countless times I can imagine. Sorry!). But, with such a big thing as this, it would be nice to hear a direct response to my query.

We are currently looking into the K-1 Fiancée Visa. As I've read this is the correct path to take if you are planning to marry an American citizen, as it could go against you further down-the-line if you just married on a tourist Visa. And I do not wish to be banned from returning in future!

I just want to know if it is atall required. As I do not plan to move out to the USA straight after marriage. I intend to at some point, but it's a big move (obviously) and want to move out there at a more suitable time. After seeing how much work it takes to just get married in the first place, immigrating there also seems like a great deal of work, so we are just taking one step at a time. I want to do the legally correct thing, as well as make sure I have completed everything in order to immigrate and work in the USA in the near future.

However, is it just best to complete the K-1, followed by the I-485 for the adjustment of status. To get it out of the way sooner rather than later?

Any guidance to someone new to this, or any comments would be much appreciated. I have followed through the guides on this site (which are extremely useful, K-1, AoS), but just want some clarity on my situation. Maybe I've got this all wrong, but if that's the case I'd rather be put on the right track now rather than later!

Many thanks in advance,

Andrew

[Penguin_ie 5,986]

You say you want to move at some stage in the future... what sort of timeline are you thinking of?

It is perfectly legal to marry on a tourist visa (or the visa waiver program in your case), but you cannot plan to marry AND STAY in the USA- that would be visa fraud. So if you are thinking of moving in 2+ years, then just getting married on the VWP is probably best. If your timeline is more moving in a year, then start the K1 process now and if it goes too fast, you can slow it down by taking your time sending in the next set of documents/ requesting an interview.

[KayDeeCee 4,892]

You can marry on a tourist visa and then leave and file for a spousal visa when you are ready to live in the US permanently. You can also wait until ready to move to the US and file for a K-1 and then be ready to apply for AOS and stay after getting married.

Here is a comparison guide of the visas > http://www.visajourney.com/content/compare

~ Moved from K-1 Process to What Visa Do I Need- OP still deciding on a path ~

[AndrewMc 36]

You say you want to move at some stage in the future... what sort of timeline are you thinking of?

It is perfectly legal to marry on a tourist visa (or the visa waiver program in your case), but you cannot plan to marry AND STAY in the USA- that would be visa fraud. So if you are thinking of moving in 2+ years, then just getting married on the VWP is probably best. If your timeline is more moving in a year, then start the K1 process now and if it goes too fast, you can slow it down by taking your time sending in the next set of documents/ requesting an interview.

You can marry on a tourist visa and then leave and file for a spousal visa when you are ready to live in the US permanently. You can also wait until ready to move to the US and file for a K-1 and then be ready to apply for AOS and stay after getting married.

Here is a comparison guide of the visas > http://www.visajourney.com/content/compare

~ Moved from K-1 Process to What Visa Do I Need- OP still deciding on a path ~

Thank you both for the responses.

I was just in the process of replying to Penguin_ie, but you have pretty much answered my follow up Jay-Kay.

My timeline would probably be approaching the 2 year mark atleast. So it's good to know that I can just get married on the VWP. I had read in the past that you were unable to, or that it would be heavily frowned upon - but maybe this was just if you were planning to stay afterwards. So thank you for clarifying that!

We just have to decide the best course of action now to take! Seeing as we could go down the Spousal Visa route.

Once again, many thanks to you both, this has helped solve alot of confusion.

Kindest regards,

Andrew