Decisions... Which Route to Take?

[belizedreams 10]

Hi all,

I have lived in Belize for the last 11 1/2 years. I am currently in the States working temporarily. My soon to be Fiance is from Belize and has never been to the U.S. We would like to get married in the U.S. After I am done working (by the end of the year), our life would look something like this:

10 months out of the year in Belize (I am a permanent resident)

2 or 3 months in the U.S.

We would like to be able to both work while we are in the States in the future.

Here is my dilemma:

Do I go the K-1 Fiance route? My concern with this is the time it will take to get it, plus the time after we are married waiting to get his GC before we could go back to Belize. It seems that with the wait for the visa and the GC we are talking about well over a year and a half before I could head back to Belize. Plus, would keeping his GC be a problem if we are out of country so much?

The K-3 route seems longer, plus I want to get married in the U.S. I thought about having a quick civil ceremony down there, and then coming back up here, but again, time frame seems long.

Is there any other way? If he came up on a tourist visa, and we married and adjusted status later? Any other ideas?

We are volunteers, so income may be a factor as well. Proof of financial support: is that determined off of one year tax return? Current job, or what? Thanks!

Edited March 7, 2014 by belizedreams

[Ning 619]

Hi all,

I have lived in Belize for the last 11 1/2 years. I am currently in the States working temporarily. My soon to be Fiance is from Belize and has never been to the U.S. We would like to get married in the U.S. After I am done working (by the end of the year), our life would look something like this:

10 months out of the year in Belize (I am a permanent resident)

2 or 3 months in the U.S.

We would like to be able to both work while we are in the States in the future.

Here is my dilemma:

Do I go the K-1 Fiance route? My concern with this is the time it will take to get it, plus the time after we are married waiting to get his GC before we could go back to Belize. It seems that with the wait for the visa and the GC we are talking about well over a year and a half before I could head back to Belize. Plus, would keeping his GC be a problem if we are out of country so much?

The K-3 route seems longer, plus I want to get married in the U.S. I thought about having a quick civil ceremony down there, and then coming back up here, but again, time frame seems long.

Is there any other way? If he came up on a tourist visa, and we married and adjusted status later? Any other ideas?

We are volunteers, so income may be a factor as well. Proof of financial support: is that determined off of one year tax return? Current job, or what? Thanks!

I see your dilemma differently.

No matter which visa you choose it will take a green card to be able to work. He cant retain that living outside the USA for 10 months per year.

If you insist on trying I suggest you marry, then petition for the C R 1 because it takes about the same time but will result in a Green card much sooner. However he will lose that card if he follows the present ideas.

Your income will have to come from the USA. You will have to prove that income thru submission of tax transcripts for at least one year and probably three or convince USCIS otherwise. Seeking the C R 1 would allow you to use a co sponsor. For a K 1 you would have to ask the embassy there if they even allow co sponsors.

He can not enter the USA with the intent you have to marry and do the AOS while he remains in the USA. That would be visa fraud which could be very difficult to overcome. Do not attempt this please.

[DebWa 26]

The way I see it with your current plans, the best plan would be to get a visitor's visa, come to the states and get married. After that, return to Belize and visit the states for 2-3 months out of the year with him using a visitor's visa. The biggest issue is that he would not be able to work during those 2-3 months while you are in the states. If at any point in time you decide to reside in the states (at least 6 months out of the year), you could then pursue a CR-1 visa and if approved, he would then get a green card.

[RhettVoe 282]

If you are a permanent resident of the United States, you cannot file for a K1 (fiancée) visa. Only USC's can.

[Boiler 45,657]

USC who is a PR in Belize.

There is no option that allows you to do what you want so which bit gives?

[aaron2020 11,651]

unfortunately, there's no way to accomplish what you want.

A green card is for living permanent residency in the US. A person who takes primary residency outside the US will lose his LPR status. Google "USCIS maintain legal permanent residency."

unfortunately, there's no way to accomplish what you want.

A green card is for living permanent residency in the US. A person who takes primary residency will lose his LPR status. Google "USCIS maintain legal permanent residency."

Edited March 7, 2014 by aaron2020

[Zedayn 485]

The only option you have is your fiancé will just need to have a tourist visa, and use that for the 2 to 3 months you will be in the US.

[aaron2020 11,651]

The only option you have is your fiancé will just need to have a tourist visa, and use that for the 2 to 3 months you will be in the US.

He can visit, but he can not work with a tourist visa.

OP wants him to be able to work in the US during the 2-3 months that he is here.

[Zedayn 485]

He can visit, but he can not work with a tourist visa.

OP wants him to be able to work in the US during the 2-3 months that he is here.

You're absolutely right. If the OP wants him to be able to work, then there is no option for that.

[belizedreams 10]

Thanks everyone for the input! Helps me sort my thoughts out.