Jump to content
Sign in to follow this  
snickers15

K1 not married

28 posts in this topic

Recommended Posts

http://www.visajourney.com/forums/topic/520329-help-re-do-a-k1/

This is in regards to the above post more or less.

After her tourist visa is accepted or denied, we are thinking of applying for a K1 visa. If she comes here for 90 days and we do not get married, she has to immediately re-apply for another K1 visa at the consulate in her country, and then asap return to the US and get married in 90 days?

We were tossing around the idea of applying for a K1, let her come here for 3months, experience day to day life (for lack of better wording) go back to the PI and either plan a wedding or make other plans. Is this a horribly bad idea as far as visas and paperwork go? If we do not immediately re-apply could the second application be denied?

Background (not sure if it matters)

Her - Philipine resident 50yrs old stable job with goverment, property owner. Previous marriage annulled. Applied for US tourist visa 10yrs ago denied. Presently has a Schengen visa stamp. Eligible for early retirement in 3yrs.

Him - US citizen 50yrs old. Stable job, Divorced. Owns property in NY and down south where Im in the process of moving to.

We have known each other for 5yrs, several visits to her country and travel to Europe together. Never any visa violations. All easilly documented, we both unknowingly saved all plane travel just in case the relationship progressed.
We have just started the process for a tourist visa to the US. We are guessing since she will be approved since she has a documented history of returning home after travel, long work history with bank accounts, grown children, passed child bearing age lol

Share this post


Link to post
Share on other sites
Filed: Timeline

If she doesn't want to come here to get married and stay, why would she apply for a fiance(e) visa?

The K-1 is not a "come here and see if he/she likes it" visa. It's a "come here, get married and stay" visa.

The petitioner will need to declare that a previous petition was filed and that it was filed for the same person. If the petition is approved and reaches the consulate stage, the beneficiary will be grilled on why they stayed 90 days on the previous visa, did not marry, returned to their country then re-applied for the same visa in such a short space of time. That would be a major red flag and USCIS do not take kindly to hints of misrepresentation or fraud.

From a personal point-of-view, going through the K-1 process once was bad enough. I can't even imagine going through it twice. Especially not within a such a short space of time.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Mexico
Timeline

If she doesn't want to come here to get married and stay, why would she apply for a fiance(e) visa?

The K-1 is not a "come here and see if he/she likes it" visa. It's a "come here, get married and stay" visa.

The petitioner will need to declare that a previous petition was filed and that it was filed for the same person. If the petition is approved and reaches the consulate stage, the beneficiary will be grilled on why they stayed 90 days on the previous visa, did not marry, returned to their country then re-applied for the same visa in such a short space of time. That would be a major red flag and USCIS do not take kindly to hints of misrepresentation or fraud.

From a personal point-of-view, going through the K-1 process once was bad enough. I can't even imagine going through it twice. Especially not within a such a short space of time.

Uh, wrong. the 90 day period is precisely for those that have second doubts about marrying upon arrival. Just because you come to the US on a K1 visa does not mean you have to get married. You do, however, need to leave the United States before the 90-day period expires if you have no intention of getting married or for, whatever reason, do not want to get married.


K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

Share this post


Link to post
Share on other sites
Filed: Country: Australia
Timeline

Uh, wrong. the 90 day period is precisely for those that have second doubts about marrying upon arrival. Just because you come to the US on a K1 visa does not mean you have to get married. You do, however, need to leave the United States before the 90-day period expires if you have no intention of getting married or for, whatever reason, do not want to get married.

I respectfully disagree with you on this one. When filing a K1 visa you have to explicitly state that your intent is to marry. The 90-days is granted to enable people to plan a little more. I do understand that things happen, however the K1 was not intended to be a "test run" or "trial" type of visa. If you do choose to not marry while on the K1 visa you will not be precluded from filing a 2nd K1 visa in the future, however it will be more heavily scrutinized.

OP - this is a horribly bad idea yes, from the stand point that you have no intention of getting married the first application (if I am understanding all of this correctly) and therefore you would be filing an intent to marry, not in good faith, as this statement is a requirement of the I129-F petition. Your significant other should visit on a tourist visa, and it may take several trips to know if it's right. If you decide that you want to get married then and only then should you file for a K1 visa.

Best of Luck to you both!


10/19/13 - Engaged heart.gif

11/18/13 - I-129f Paperwork delivered to Texas Service Center

11/21/13 - NOA1 e-mail received - California Service Center is processsing

11/22/13 - Alien Registration # changed

12/2/13 - NOA1 Hard-copy received

1/9/14 - NOA2 e-mail received

1/17/14 - NVC has case and provided case#

4/27/14 - Notice of interview received from Consulate in Sydney

5/27/14 - Interview in Sydney (APPROVED!!!!)

5/29/14 - K1 Visa package received

11/11/14 - Arrived in United States

12/12/14 - GETTING MARRIED!! (L)

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

The K1 certainly requires that you intend to marry, not sure there is a requirement to stay and can not think why there would be.

she has a stable job but wants to come for 3 months, that seems contradictory.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Mexico
Timeline

No.

As KayDeeCee wrote, you submit signed statements with your K-1 package that you intend to marry within 90 days of the beneficiary's arrival in the US.

It is part of the eligibility requirements to demonstrate that this is your intent:

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

Do people change their minds? Sure they do. However, the OP is not saying this. He is saying that they are going to use the K-1 in place of tourist visa so that she can "experience day to day life" then return to the Philippines. The K-1 visa is not for this purpose.

As an aside, this is the second time we have crossed swords because you have misread the OP. I strongly suggest that you read the OP of a thread carefully before you try to incite an argument within someone else's thread.

I am not trying to incite and argument, I am just giving the OP realistic information. If he wanted to file for a K1 visa so that his SO can see what life is like before getting married in his home country it is possible. Do I think it is stupid? yes. Is it a waste of time and money? Definitely. However, in no way is he breaking any laws by doing what he plans

From the Department of State website

The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.

Requirements

  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.

You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

How do you define intention? by a letter? One thing for sure is that his intention is to marry his SO. what if the OP decides to change his mind and get married to her in the US? What if they want to get married within the 90 days, yet they do so outside of the country? Technically, if she were to come to the United States for two weeks, leave, and get married to him in her home country, she would have abided by the requirement of getting married within 90 days upon entering the US. Yes, it is a technicality. And granted, she won't receive any immigration benefit if she were to do so, but by reading the actual text on the US Department of State website, the couple would not be breaking any laws and/or misleading anyone if they chose to go that route.

Edited by msbau764

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

Share this post


Link to post
Share on other sites
Filed: Timeline

Let's put some thoughts about this

1. Two promised (using the letter of intend) to marry within 90 days of one's arrival.

2. It is not a crime for chance of heart, couple can realize that they do not really love each other, or some type of stuff happen like Korean shows, etc. or just simple change their plan.

About K-1, the condition is to get married in US and only in US within 90 days.

So, my personal opinion,

a) It is okay to not get married but one must leave US after the Visa duration - 90 days. This is totally legal.

b) There will most likely no credibility for the two birds if these two birds intend to fill out another K1 or other type of of Visa.

Edited by Ulink2

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Ireland
Timeline

I am not trying to incite and argument, I am just giving the OP realistic information. If he wanted to file for a K1 visa so that his SO can see what life is like before getting married in his home country it is possible. Do I think it is stupid? yes. Is it a waste of time and money? Definitely. However, in no way is he breaking any laws by doing what he plans

From the Department of State website

The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.

Requirements

  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

How do you define intention? by a letter? One thing for sure is that his intention is to marry his SO. what if the OP decides to change his mind and get married to her in the US? What if they want to get married within the 90 days, yet they do so outside of the country? Technically, if she were to come to the United States for two weeks, leave, and get married to him in her home country, she would have abided by the requirement of getting married within 90 days upon entering the US. Yes, it is a technicality. And granted, she won't receive any immigration benefit if she were to do so, but by reading the actual text on the US Department of State website, the couple would not be breaking any laws and/or misleading anyone if they chose to go that route.

Having an intention is meaning to do something, preplanned. USCIS just want it on paper. OP does not have the intention of marrying SO during this 90day stay. he has the intention of figuring out if he wants to marry SO. Two different things. so signing a letter stating "I the US petitioner, intend to marry the beneficiary, within 90days of their arrival" so is 100% misleading and against the requirements. So his really letter should say "I US petitioner intend to marry beneficiary within in 90days of the arrival after second K1 visa we apply for providing the first one works out how we intend" pretty sure that not going to go down to well.

Also If they left to get married after receiving K1 like you suggest as a theory they would not be abiding any requirements because there would be no requirements because SO left making the 90days null and void.

Edited by Ana88

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Italy
Timeline

B2 visas are typically granted for a period of 1 to 10 years, and allow multiple entries into the United States to pursue approved B2 visa activities (tourism, visiting family or friends, health reasons etc.). Each visit to the United States is limited to a duration not exceeding six months, and B2 visa holders are not authorized to work.

Since you have no plans of getting married and good chances to have her B2 visa approved, why not stick with the original plan to have her travel to the US as a tourist? Seems more straightforward. If you ever want to get married and stay in the US in the future, then you could choose the K1 route (or a spousal visa).

Edited by a+j

- I am the beneficiary -

Share this post


Link to post
Share on other sites
Filed: Other Country: Philippines
Timeline

http://www.visajourney.com/forums/topic/520329-help-re-do-a-k1/

This is in regards to the above post more or less.

After her tourist visa is accepted or denied, we are thinking of applying for a K1 visa. If she comes here for 90 days and we do not get married, she has to immediately re-apply for another K1 visa at the consulate in her country, and then asap return to the US and get married in 90 days?

We were tossing around the idea of applying for a K1, let her come here for 3months, experience day to day life (for lack of better wording) go back to the PI and either plan a wedding or make other plans. Is this a horribly bad idea as far as visas and paperwork go? If we do not immediately re-apply could the second application be denied?

Background (not sure if it matters)

Her - Philipine resident 50yrs old stable job with goverment, property owner. Previous marriage annulled. Applied for US tourist visa 10yrs ago denied. Presently has a Schengen visa stamp. Eligible for early retirement in 3yrs.

Him - US citizen 50yrs old. Stable job, Divorced. Owns property in NY and down south where Im in the process of moving to.

We have known each other for 5yrs, several visits to her country and travel to Europe together. Never any visa violations. All easilly documented, we both unknowingly saved all plane travel just in case the relationship progressed.

We have just started the process for a tourist visa to the US. We are guessing since she will be approved since she has a documented history of returning home after travel, long work history with bank accounts, grown children, passed child bearing age lol

You can do that (no issue), your fiancee does need to exit the USA before the 90 days expires if you two do not marry. I would think your fiancee could get a good idea in 89 days if she liked it in the USA or not, then have a marriage license ready if "all looks good" and get married on the 90 days. After all what is one day? Less hassle this way.

(nothing in the K-1 visa, not even the letter of intent, forces two people to get married ;) )

Then process AOS and she can travel back to the Philippines in about 4-6 months to tidy up things there.

Or wait three years until she is retired.

http://www.visajourney.com/forums/forum/129-philippines/

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

Share this post


Link to post
Share on other sites

Uh, wrong. the 90 day period is precisely for those that have second doubts about marrying upon arrival.

One of the biggest misconceptions about the K-1 visa. You do not have 90 days to decide to get married. You have 90 days to GET MARRIED. This is not a try before you buy visa.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline

Uh, wrong. the 90 day period is precisely for those that have second doubts about marrying upon arrival. Just because you come to the US on a K1 visa does not mean you have to get married. You do, however, need to leave the United States before the 90-day period expires if you have no intention of getting married or for, whatever reason, do not want to get married.

Nope you're wrong. The K-1 is to become married. It is assumed the relationship is advanced far enough to do just that.

You both, twice, signed Letters of Intent to marry.within 90 days of entry. If you were not serious enough then why would one fraudulently signed such a document?


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...