K1 not married

[Ulink2 7]

The word "intend"

(1) have (a course of action) as one's purpose or objective; plan

(2) design or destine (someone or something) for a particular purpose or end

There is no legal bounded that two must get married, no government has the rights to force two into a marriage. K-1 condition is that when using it, two have 90 days to get married and two can decide to stop. If 2 decide that they are no longer love each other, whoever uses the K-1 Visa must leave US.

However, it does impact the credibility of the couple. The government will not persuade any legal action if two decide not to get married or making any assumption that two commit fraud. But for future petition, it hurts credibility.

Edited November 11, 2014 by Ulink2

[Hotter Otter 1,211]

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.

You lost me at the bit about Korean shows unfortunately. No idea what that refers to

[Ulink2 7]

You lost me at the bit about Korean shows unfortunately. No idea what that refers to

In Korean shows/dramas, there are very complicated relationships - they may love each other that they can die for each other but they do not get married due to other responsibility, etc. I just meant that life is a complicated matters, so is love. Government cannot assume 2 are committing fraud based on the fact that they do not get married.

[baron555 934]

Government cannot assume 2 are committing fraud based on the fact that they do not get married.

No, but the consular officer might....that is the person who would make that decision.

Like I said before, if the relationship is not that far advanced to make this decision, then they should wait.

If a visit to the US is so necessary prior to the decision to marry, then that should be pursued...the K-1 is NOT a visitor's visa.

Edited November 11, 2014 by baron555

[Ulink2 7]

No, but the consular officer might....that is the person who would make that decision.

Like I said before, if the relationship is not that far advanced to make this decision, then they should wait.

If a visit to the US is so necessary prior to the decision to marry, then that should be pursued...the K-1 is NOT a visitor's visa.

That why I said it would hurt credibility if sometimes in the future, they would like to file other type of Visa.

[Mike-eeh and Odie 192]

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.

Not wrong.

The 90 days given on the K-1 is for planning a wedding ceremony. I think you watch too much "90 Day Fiance" TV. The K-1 is specifically for getting married.

Yes, sometimes things do not pan out and the fiance must return home, but the K-1 is not for tourism, and any use of it in any other manner than getting married constitutes visa fraud.

[LmmL 46]

Does it matter where she lives as long as she married the man she loves? Have a thought of "Lets see if I like it living in US or not" sounds like she will marry the country not the man she loves.

Sorry to say this but they are Fifty years old with a teenagers mind.

[Ulink2 7]

Opts - If you 2 already decided to "travel" instead of "planning for wedding", then it would be a fraud but an unprovable fraud.

Anyway, ethically, fraud or not, it is just wrong to think about using K-1 for traveling purpose.

Edited November 11, 2014 by Ulink2

[BastillaShan 30]

I think you watch too much "90 Day Fiance" TV. The K-1 is specifically for getting married.

It's funny. I was specifically thinking about that show as I read this because this is exactly what that show is purporting the K-1 to be. It worries me for future petitioners.

OP. K-1 is for those who are engaged with intent to marry. Pure and simple.

Anything else is another visa.

[AmAjjD 33]

Keep visiting on a tourist visa, then apply for a k-1 down the road when you absolutely know this is the person you want to marry. You can still visit each other on a tourist visa during the k-1 visa process. A k-1 visa, or any visa with immigration intent is not to be taken lightly AT ALL. There are numerous, and I mean NUMEROUS bumps in the road to becoming a US citizen so you really need to wait until you both know if the SO wants to move to the US. What if your SO decides immediately after marriage they no longer want to be married because they didn't realize how long the process was? What if they miss their family terribly and cannot stand to be away from them any longer, but have to wait months until they can legally leave the country to visit family? What if you didn't realize what you were getting into halfway through the process or decide that you love them but don't want to be married to them? Visas are expensive and you will be paying fee after fee in this process. This isn't a "let's try this out and see if we like it" situation. My husband and I did months of research and reading stories from others who went through the process from the k-1 application all the way through to naturalization before we decided this is what we wanted to do. So my personal opinion is to just stick with the tourist visa until you are both 100% certain you want to marry and have researched the entire process and figured out which visa is best for you, because it may not even be the k-1 that you end up wanting to do, if you even end up wanting to do any. This way you can try living with each other and have no obligations of forcing a relationship or marriage out of each other.

[Mariana M. 18]

It's funny. I was specifically thinking about that show as I read this because this is exactly what that show is purporting the K-1 to be. It worries me for future petitioners.

OP. K-1 is for those who are engaged with intent to marry. Pure and simple.

Anything else is another visa.

I was also thinking of the show and I was going to comment the same thing!

It really is misleading.

Maybe something will be done when someone important realizes it might induce people to pursue the visa with a different objective...

[snickers15 0]

Hi Im the OP..

Thanks for the replies, and sorry for causing a minor s**t storm. Didnt mean to cause a problem, with my first post. She has fears of being treated as a 2nd class citizen here, because of her nationality. Fears that I did not think would be cured by a tourist visa. That was my original idea of applying for the k1 visa. After some education, I would agree. It is not technically illegal to do what I was thinking, but is not keeping with the original intent of the law. That and the time involved it is not worth it. Thank you for the reality check.

Edit: just to clarify, we are going to be married, after 5yrs together we are sure of our intentions. The only question is where we are going to live.

Thanks again for the replies. And omg... I had to google the tv show "90 day fiance" Can anyone say low hanging fruit?

Edited November 12, 2014 by snickers15

[Mike-eeh and Odie 192]

It's funny. I was specifically thinking about that show as I read this because this is exactly what that show is purporting the K-1 to be. It worries me for future petitioners.

OP. K-1 is for those who are engaged with intent to marry. Pure and simple.

Anything else is another visa.

I was also thinking of the show and I was going to comment the same thing!

It really is misleading.

Maybe something will be done when someone important realizes it might induce people to pursue the visa with a different objective...

My wife and I were just talking about this again last night as we were watching episodes of season 2. The show blatantly totes the K-1 like a "try before you buy" option, which is a total misrepresentation of the visa.

I can only guess that in a year or two, fiance visas will be much more stricter because of their misuse due to the ramifications of this show.