If the K-1 is approved and you get married, does your foreign partner have to live in the U.S.?

[golazio 0]

This could be a stupid question or it could just be an odd question.

If the K-1 is approved and you get married, does your foreign partner have to live in the U.S.?

We want to try to go the K-1 route earlier than we had planned if the bureaucratic B-2 tourist visa stuff does not work.

My foreign boyfriend would not be able to live in the U.S. until 2019, however. He can visit once a year every August during his college breaks and we want to go the K-1 route if it means he can visit when he wants to if the application gets approved and we get married while he's here on the K-1. Would he need a B-2 after we get married on a K-1 to visit me?

Does the government frown upon foreigners marrying their SO and then living in their home country for a few years to finish school before immigrating to the U.S.? If he still has to finish college, wouldn't that help our application since he's not trying to move to the U.S. right away and we'd still have to be married for about three years before he can actually move here?

Edited May 5, 2015 by golazio

[Cody and Daisy 373]

A k1 is a non immigrant visa WITH immigrant intent.

Although it is intended for those that want to move to America to be with their loved ones, you can leave within the 90 days of arrival, or afterwards after marriage.

Bare in mind because it has immigrant intent, obtaining future tourist visas may be questioned as you had previous applied for the k1 and left.

So this could be questioned and strong ties to the home country will definitely be needed.

Also he would not be able to "visit when he wants to" with a k1.

A k1 is a one time entry visa, it expires the moment the beneficiary enters. And then it gives you 90 days to get married.

If you don't get married within those 90 days he will have to leave once they are up.

If you do get married and stay after the 90 days without having applied for AOS, he will be out of status and therefore illegal.

Edited May 5, 2015 by Cody and Daisy

[golazio 0]

A k1 is a non immigrant visa WITH immigrant intent.

Although it is intended for those that want to move to America to be with their loved ones, you can leave within the 90 days of arrival, or afterwards after marriage.

Bare in mind because it has immigrant intent, obtaining future tourist visas may be questioned as you had previous applied for the k1 and left.

So this could be questioned and strong ties to the home country will definitely be needed.

Also he would not be able to "visit when he wants to" with a k1.

A k1 is a one time entry visa, it expires the moment the beneficiary enters. And then it gives you 90 days to get married.

If you don't get married within those 90 days he will have to leave once they are up.

If you do get married and stay after the 90 days without having applied for AOS, he will be out of status and therefore illegal.

Thanks!

Knowing the basics of our circumstances, would it be best to apply for an AOS then after we marry and would he need to be in the U.S. to apply for the AOS or would he have to leave the U.S. and then apply for it in Italy?

Edited May 5, 2015 by golazio

[Boiler 43,430]

No point adjusting status if he is going to abandon his residency.

From a practical perspective lets assume he fudges the residency requirement, you will have conditions to remove and him living abroad is going to raise questions on the validity.

[Cathi 5,610]

Entering the US with a visitor visa with the intent to adjust status is fraud and can result in a lifetime ban with no appeal. If he cannot move here until 2019 then don;t apply for anything until he is ready to move here permanently. If you marry before he plans to move here it is a cr1 visa you need

[Cody and Daisy 373]

Thanks!

Knowing the basics of our circumstances, would it be best to apply for an AOS then after we marry and would he need to be in the U.S. to apply for the AOS or would he have to leave the U.S. and then apply for it in Italy?

AOS probably isn't in your best interest as a green card requires living in the states, and not leaving until advanced parole or a green card, but a green card is for living in the states.

Obviously if he cannot live in the states until a few years down the line the green card will be abandoned and you will have wasted 1070 for the application.

If a k1 is the best option for you both to get married in the states then there's no harm, and he does not have to stay.

Later down the line you can apply for a CR1 which is the spouse visa and then he can move to the states to live with you.

I don't know much about visitor visas and how difficult it might be to obtain after a k1 so hopefully someone else can help you with that.

[Boiler 43,430]

OP has a confusing post but it the other way around, he has refused F1 and VWP and has 4 more years of Uni and will not move until finished, so she it looking for another route as she has a job with little holiday allowance.

[Sunnyland 639]

K1 visa is an immigrant visa. It's for the intent to travel to US, marry there with the fiance/e and LIVE in the US while the AOS and any future immigration process is pending.

You can not use a K1 visa to go to US, marry and the fly home and visit U.S when you want or once a year. He HAS to be in the U.S while AOS is pending. When he send his AOS papers, also apply for Advance Parole and Employment Authorization Document (EAD) at the same time. When he receives his AP, then he can leave the country and go to Italy to visit.

He has to spend MORE time in the U.S than in Italy. If your BF can not move to U.S until 2019 then dont do the K1 visa now. Its a waste of time and money.

I will suggest you to read the guides here on this site and also the USCIS website so you understand the different visas.

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

[golazio 0]

OP has a confusing post but it the other way around, he has refused F1 and VWP and has 4 more years of Uni and will not move until finished, so she it looking for another route as she has a job with little holiday allowance.

That's correct. He just wants to visit me and I would visit him more often if I had the vacation time. I'm in college now too and I don't know how much vacation time I'll get after I graduate next May.

We want to know if there are any other options at all in case his B-2 is denied this month. I don't know what else to do now aside from helping him get as much "strong Italian ties" support for the B-2 interview.

I know we have odd circumstances, but it shouldn't be this difficult to allow someone to visit the U.S. -.- At this rate, we'll see each other 2 weeks a year for four years.

Edited May 5, 2015 by golazio

[Boiler 43,430]

At last you have long holidays to visit, have you thought of moving to Italy after you Graduate?

[CowBoE 429]

K1 visa is for foreigner to come to US and to marry within 90 days.

Getting married through K1 visa alone doesn't automatically get him US residency (green card).

That's a whole separate processing...that typically take 6 to 12 months

with some travel restrictions until he can receive AP (advance parole)

to be able to travel outside of US...but even then, he could be called in

for physical interview at some point.

And this GC is only good for 2 years, and prior to that expiration,

he will have to apply for 10 year GC and go through yet another processing.

And even with the GC, there are restrictions on how long you can live abroad.

Also, if you are married and living apart...that can cause problems for GC processing.

Even if he gets the GC and you guys find a way to live abroad for years together,

he will be questioned again for his desire to live in US.

I see all sorts of problems with what you are planning...others with better loophole (?)

around this can chime in.

[golazio 0]

K1 visa is for foreigner to come to US and to marry within 90 days.

Getting married through K1 visa alone doesn't automatically get him US residency (green card).

That's a whole separate processing...that typically take 6 to 12 months

with some travel restrictions until he can receive AP (advance parole)

to be able to travel outside of US...but even then, he could be called in

for physical interview at some point.

And this GC is only good for 2 years, and prior to that expiration,

he will have to apply for 10 year GC and go through yet another processing.

And even with the GC, there are restrictions on how long you can live abroad.

Also, if you are married and living apart...that can cause problems for GC processing.

Even if he gets the GC and you guys find a way to live abroad for years together,

he will be questioned again for his desire to live in US.

I see all sorts of problems with what you are planning...others with better loophole (?)

around this can chime in.

We talked about it tonight and he has decided to compromise by finishing his Bachelor's degree in Italy and then apply to U.S. grad schools so he can start his MBA during the fall of 2017. We aren't sure if we should go the K-1 visa route or if he should go the student visa route again so he can go to school here. He is open to pursuing an MBA in the U.S. if he can do it legally and if we can live together or at least live closer than 4,000 miles to each other.

He has completely ruled out the B-2 for this summer as the trade off since he doesn't want to risk his chances of being eligible for a potential student visa. I'm going to get him prepped for the GRE and the GMAT in the mean time.

Since he wants to go to grad school in the U.S. now, should we apply for the K-1 visa so we can marry before then since he would be immigrating here by that point (at what point would he be eligible to attend a U.S. Grad school without a student visa if we went this route?) or should he shoot for a student visa again? Third time's the charm?

Edited May 5, 2015 by golazio

[Boiler 43,430]

K1 is more certain, MBA's are expensive, especially at places worth having one from.

[TBoneTX 43,057]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is considering visa paths. ***

[kamw 93]

Work on strengthening the ties to his home country and maybe he will get a 10 year visa. Use that until he finishes school and then apply for K1 during his last semester.

Since you’re almost done with school, have you thought about moving to here for a few years until he is done? Then you can just get married and bring him back with you. DO some research and explore all options.