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golazio

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

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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 by golazio

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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 by golazio

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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.


“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.”

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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



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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.


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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.


“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.”

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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

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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 by golazio

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


“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.”

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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.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
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11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
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05-27-2018 File USC

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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? :P

Edited by golazio

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


“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.”

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


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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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.


09/27/14 Married :content:

12/03/14 Became a US citizen :star:

. .

02/25/15 130 Petition sent

02/27/15 NOA1 date :clock:

07/23/15 NOA2 date

08/03/15 Mailed to NVC

08/07/15 NVC Received

08/19/15 Case number assigned, submitted DS-261

08/20/15 Paid AOS bill

08/25/15 Received welcome letter

08/25/15 Sent AOS & IV package

08/31/15 DS-261 reviewed

08/31/15 AOS & IV scan date confirmed by Sup.

09/02/15 Received IV bill by email

09/03/15 Paid IV bill

09/09/15 Submitted DS-260

09/17/15 Case Completed @ NVC

10/06/15 Expedite Request sent to NVC

11/12/15 Contacted Sen. Marco Rubio for assistance with expedite by email

11/19/15 Expedite Approved

12/9/15 Medical

12/11/15 Interview (Approved)

12/14/15 CEAC Status changed to AP

12/15/15 CEAC Status Changed to Issued

12/18/15 Picked up Passport & booked hubby's ticket.

12/31/15 Ring in the New Years together after 4 years!!!! :dancing:

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