Question re: 'intent' for K1

[westcoast 4]

Hi there,

I feel very prepared for the entire K1 and subsequent AOS process thanks to this forum, but have 2 related questions, which might be pedantic but have been nagging at me:

1) When you go for the K1 interview, are you allowed to say you want to move to the USA to be with your fiancee? Or are you not allowed to have intent to immigrate?

2) When you enter the US to be married and the plan is to adjust status after the wedding, your entrance on the K1 is then your move. If you're crossing the border with all your stuff on a K1 visa, is that allowed?

Thank you in advance!

[Cody and Daisy 373]

Hi there,

I feel very prepared for the entire K1 and subsequent AOS process thanks to this forum, but have 2 related questions, which might be pedantic but have been nagging at me:

1) When you go for the K1 interview, are you allowed to say you want to move to the USA to be with your fiancee? Or are you not allowed to have intent to immigrate?

A k1 visa is for moving to the usa to marry your fiancé.

It is for immigrating.

Not sure what point of an interview you would state that, but all of us want or wanted to move to be with our loved ones.

Not quiet sure what you're worried about here.

2) When you enter the US to be married and the plan is to adjust status after the wedding, your entrance on the K1 is then your move. If you're crossing the border with all your stuff on a K1 visa, is that allowed?

Again you are moving to the usa to live. So yes you can bring stuff across the border. Edited January 26, 2015 by Cody and Daisy

[Marco&Bettina 502]

Hi there,

I feel very prepared for the entire K1 and subsequent AOS process thanks to this forum, but have 2 related questions, which might be pedantic but have been nagging at me:

1) When you go for the K1 interview, are you allowed to say you want to move to the USA to be with your fiancee? Or are you not allowed to have intent to immigrate?

2) When you enter the US to be married and the plan is to adjust status after the wedding, your entrance on the K1 is then your move. If you're crossing the border with all your stuff on a K1 visa, is that allowed?

Thank you in advance!

1) K-1 is inherently for immigration. So yes, you can say that.

2) I don't understand your question. K-1 is a 1-time entry Visa.

[westcoast 4]

A k1 visa is for moving to the usa to marry your fiancé.

It is for immigrating.

Not sure what point of an interview you would state that, but all of us want or wanted to move to be with our loved ones.

Not quiet sure what you're worried about here.

Again you are moving to the usa to live. So yes you can bring stuff across the border.

That answers my question! Thanks. A lot of documentation I've read says "the K1 is to enter the US only to marry your fiancee". So wasn't sure if you weren't actually allowed to actually express the plan to permanently move there before the AOS interview.

[Dave&Roza 748]

Hi there,

I feel very prepared for the entire K1 and subsequent AOS process thanks to this forum, but have 2 related questions, which might be pedantic but have been nagging at me:

1) When you go for the K1 interview, are you allowed to say you want to move to the USA to be with your fiancee? Or are you not allowed to have intent to immigrate?

2) When you enter the US to be married and the plan is to adjust status after the wedding, your entrance on the K1 is then your move. If you're crossing the border with all your stuff on a K1 visa, is that allowed?

Thank you in advance!

The K-1 visa is classified as a non-immigrant visa with the purpose of entering the US with the sole purpose of marrying the petitioner within 90 days of arrival and then filing for AOS. The K-1 allows for a single entry and you cannot leave the US and re-enter without the GC or advance parole (AP). So to answer your questions 1) Yes, you not only can say it, but you should have included a written statement stating that you intent to travel to the US and marry the petitioner within 90 days or arrival in the US and you sign this as does the petitione. 2) It not only allowed, but highly recommended as it will be awhile before you can leave the US and re-enter. You also do not need a round trip airline ticket as it is expected that you will marry within 90 days and file the AOS.

Dave

[westcoast 4]

1) K-1 is inherently for immigration. So yes, you can say that.

2) I don't understand your question. K-1 is a 1-time entry Visa.

1) Thank you!

2) I know, but thought that it's ONLY for going to married and that maybe you're expected to come back to your home country after?

Now that I'm typing it out my question sounds silly but I just don't want to mess anything up

The K-1 visa is classified as a non-immigrant visa with the purpose of entering the US with the sole purpose of marrying the petitioner within 90 days of arrival and then filing for AOS. The K-1 allows for a single entry and you cannot leave the US and re-enter without the GC or advance parole (AP). So to answer your questions 1) Yes, you not only can say it, but you should have included a written statement stating that you intent to travel to the US and marry the petitioner within 90 days or arrival in the US and you sign this as does the petitione. 2) It not only allowed, but highly recommended as it will be awhile before you can leave the US and re-enter. You also do not need a round trip airline ticket as it is expected that you will marry within 90 days and file the AOS.

Dave

Thank you - was wondering about the round trip ticket as well. Appreciate it.

[j&ana 363]

I will think you could. It is pretty much a given that the purpose of getting a K-1 visa is to bring your fiancé to the USA to marry him or her and adjust status later . You are given 90 days to get married. there is nothing wrong with mention you want to be your Fiancée on a k-1 visa. That is what the K-1 visa is for. If it was a tourist or work visa that might be different. That could be consider fraud. Relax for your interview

Yes you can bring stuff with you

Edited January 26, 2015 by j&ana

[Cathi 5,621]

if you were to tell them you DON'T have intent to move here that would be a red flag. I am not sure what you are confused about. A k-1 is a non immigrant visa with the promise that you will travel to the US marry within 90 days WITH the intent to live here....Am I missing something?

[westcoast 4]

if you were to tell them you DON'T have intent to move here that would be a red flag. I am not sure what you are confused about. A k-1 is a non immigrant visa with the promise that you will travel to the US marry within 90 days WITH the intent to live here....Am I missing something?

That's what I was asking, if you're allowed to have the intent to live in the US on a K1, or if you shouldn't express that until you apply to AOS. Pedantic question, as I said, but just something I wanted to clarify.

[baron555 934]

Hi there,

I feel very prepared for the entire K1 and subsequent AOS process thanks to this forum, but have 2 related questions, which might be pedantic but have been nagging at me:

1) When you go for the K1 interview, are you allowed to say you want to move to the USA to be with your fiancee? Or are you not allowed to have intent to immigrate?

That's the whole purpose, to marry and permanently reside in the US.

2) When you enter the US to be married and the plan is to adjust status after the wedding, your entrance on the K1 is then your move. If you're crossing the border with all your stuff on a K1 visa, is that allowed?

Again, that's the point.....to move to the US. Most bring their stuff when they move.

[Osman09 0]

OMG I am the petitioner and I was the only person signed the Intent letter when I filed my 1-29f would they return my application and have both of us sign?

[baron555 934]

OMG I am the petitioner and I was the only person signed the Intent letter when I filed my 1-29f would they return my application and have both of us sign?

Maybe, or request one from your fiance. I'd get that in hand now.

[Pheebs1201 269]

I have seen threads which basically advise to make sure you mention marrying your fiance as your first and foremost reason for moving to the US, typically in response to "why do you want to live in the US?" which might be what caused some confusion here.

This is something they might ask you. Why do you want to move to our country? Basically you dont want to say I want to move to the U.S for X, Y and Z... oh and to marry my fiance. Your first answer should always be "to marry them" and then I guess some people choose to elaborate on why the U.S is more convenient for them as a couple.

Hope that makes sense.

[westcoast 4]

I have seen threads which basically advise to make sure you mention marrying your fiance as your first and foremost reason for moving to the US, typically in response to "why do you want to live in the US?" which might be what caused some confusion here.

This is something they might ask you. Why do you want to move to our country? Basically you dont want to say I want to move to the U.S for X, Y and Z... oh and to marry my fiance. Your first answer should always be "to marry them" and then I guess some people choose to elaborate on why the U.S is more convenient for them as a couple.

Hope that makes sense.

Thank you - this is exactly what I was looking for!

[Bjorn&lyne 20]

K-1 is a visa with the intention to immigrate, so the expectation is that you enter on K-1 then adjust status once married, so yes your reply should be you are moving to the US to marry as your sole reason. K-1 is a one entry visa, meaning unless you get Advanced Parole (you need to apply for that once in the US) then you are expected to not leave the US whatsoever until you receive your Green Card. If you leave the US with no Green Card or no Advance Parole, then you cannot enter on the K-1 visa again, meaning major problems. Purpose of K-1 is to enter America and marry then remain in America until you get Advance Parole or Green Card, both which take time to receive. So, whatever you need to bring to the US you need to bring the one time you enter on the K-1 visa. Anything else will need to wait until you can travel back with proper authorization to enter the US again, like Advance Parole or Green Card. K-1 visa will NOT get you back in to the US a second time if you decide to leave with no other visa or return permit.