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

[Cathi 5,607]

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

k-1 is not an immigrant visa, is is a visa to get married in the US with intent to immigrate. It is a single entry visa and does not give you immigration status or green card until AOS

[RobRod 12]

Italy is a member nation of the visa waiver program. No special visa is required for tourism.

[golazio 0]

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 youre 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.

I can't move to Italy because I don't speak Italian, I'll have $80,000 in student loans to pay back (so I'll need a high-paying job right out of college) and I have an internship at a Fortune 500 company this summer and their full-time job offer rate is high. They don't have any offices in Italy, though. I am looking into expatriate opportunities but I might have to switch companies to do that. The closest I could get to Italy with this company is the UK, but that's only if they allow me to transfer if I get a job offer.

I looked at the salary differences between Italy and the U.S. for my career field and I would need to be an expat to qualify for U.S. salaries in Italy (which would be high enough to afford my monthly loan payments). I wish I went to college in Europe. -.-

Edited May 5, 2015 by golazio

[CowBoE 429]

You might want to look into potential grad schools he's interested in,

and check the in-state vs. foreign student tuition difference.

For public schools, the foreign student tuition can be double or more than

in-state resident.

Therefore, if he marries you and becomes a US resident,

then you might save a ton on tuition.

With that in mind, think through the timing of school and visa processing time.

[Aldi & James 2]

As long as he is enrolled in school full-time, he may be eligble for a summer work travel visa (J-1). Then he could visit and get some temporary jobs during the summer while he was here. Otherwise, stick to the B-2 Tourist visa.

Marriage is certainly not the way to get guaranteed visas for visitation - there are many on this site who will attest to the separation they've had from their spouses. If anything, it make his case to get a tourist visa harder...because he would have more reason to overstay his visa.

Take turns visiting, use Skype often, and tough it out.

You said he's in Italy, right? Is that his home country? We have a pretty easy visa process for most Italians with family, friends, jobs/school, round-trip tickets to ensure they return to their home country. Similarly, you should be able to go there for 90 days pretty easily through the Schengen agreement. Typically, I just show up in the Schengen countries with round trip tickets and get a passport stamp that tells me leave in 90 days...but I've only done a 1-2 week visit...UK, France, Poland, Germany...it was never an issue.

[kamw 93]

Italy is a member nation of the visa waiver program. No special visa is required for tourism.

Why didn't I think of that. He doesn't need a visa to visit you. He can come and you can go. I see my hubby every 2-3 months for a few days because he can't come here. Yes it will be expensive and you'll be spending ALOT of time in airports but it's worth it.

Since you're going to have a real job, you'll get real benefits after 90 days. Just stack your vacation and try to extend any holidays. Not sure what field you're in but try to work for the government, lots of vacation days. It's alot of planning and can expensive but it's better than getting the K1 and losing it because he has to be back in Italy.

[Boiler 43,387]

Might want to read OPs other posts.

[Mike-eeh and Odie 192]

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.?

Yes.

. . . 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?

If he came in on a K-1 and you married, he would have to adjust status. Then he would have to wait 3-4 months for his EAD/AP Combo card which will allow him to work in the USA and travel outside the USA.

NOTE: He may only be outside the country for less than 6 months per year or otherwise he would abandon his green card/status and he would have to immigrate like any other normal foreigner.

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?

If he still has to finish college in 2019, I would suggest doing the K-1 or CR-1 in 2018. By the end of the year he can then enter the USA without any issues or worries of abandoning his status.

[golazio 0]

Why didn't I think of that. He doesn't need a visa to visit you. He can come and you can go. I see my hubby every 2-3 months for a few days because he can't come here. Yes it will be expensive and you'll be spending ALOT of time in airports but it's worth it.

Since you're going to have a real job, you'll get real benefits after 90 days. Just stack your vacation and try to extend any holidays. Not sure what field you're in but try to work for the government, lots of vacation days. It's alot of planning and can expensive but it's better than getting the K1 and losing it because he has to be back in Italy.

He had two student visa denials about 1.5 years ago, his ESTA application was declined after pending approval for a few days about 5 months after the last student visa denial and his ESTA application was denied right away a few days ago (about 1.5 years after the last student visa denial), so ESTA won't work and the government knows he has a girlfriend here.

[Boiler 43,387]

You do not want to move, he does not want to move so time to back away until one of those situations change.

[golazio 0]

You do not want to move, he does not want to move so time to back away until one of those situations change.

We talked about it last night 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 are considering the K-1 visa route instead of a student visa since his college will be more expensive under an F-1 and he won't be eligible for loans or full-time work (unless it's during a school break). If the K-1 process works out, he would immigrate here and move here so we can be closer together and so he can still finish his degree.

When would be a good time to start the K-1 process if he graduates from his Italian college in May of 2017 and he wants to start grad school here during the fall of 2017 or the spring or summer of 2018? I think he needs the green card before he can apply to grad schools due to residency requirements.

Edited May 5, 2015 by golazio

[Boiler 43,387]

May of 2016

[KelGius2015 1]

My fiancée is from Italy and he comes and visits me with the ESTA. He will have no problem visiting. He just apples online for the ESTA. It literally takes 5 minutes!

If you have any questions just ask me!

Kelly

[Boiler 43,387]

My fiancée is from Italy and he comes and visits me with the ESTA. He will have no problem visiting. He just apples online for the ESTA. It literally takes 5 minutes!

If you have any questions just ask me!

Kelly

As has been mentioned he has been refused ESTA.

[KelGius2015 1]

As has been mentioned he has been refused ESTA.

Sorry did not notice that..