Can we get a k-1 fiance visa if we are married outside the US?

[jan22 2,889]

We are not looking for him to be able to immigrate. I understand it is a slow process and if that was what we wanted to we would be more than happy to patiently wait for it. We want to go to the US for 11 days. 11 days. That's it. We are going to have a wedding, then a reception, then come back to Egypt. Where we live and work and want to be.

As I mentioned previously we have no intention of doing anything illegal...that is why I posed the question to begin with. I have also sent an email to the Consulate here in Egypt asking the same question.

Please, unless you are going to tell me something useful, I don't need to see the same responses again.

Then you'd better not read the response from the Embassy, since it will say the same thing. Please don't get snippy with people who are trying to help you, just because you don't like/don't want to believe the answer they give. People don't always have time to read all replies in a thread before before they respond with valid information. And, sometimes, people are typing and posting their responses at the same time without knowing it.

[Unidentified 2,930]

We are not looking for him to be able to immigrate. I understand it is a slow process and if that was what we wanted to we would be more than happy to patiently wait for it. We want to go to the US for 11 days. 11 days. That's it. We are going to have a wedding, then a reception, then come back to Egypt. Where we live and work and want to be.

As I mentioned previously we have no intention of doing anything illegal...that is why I posed the question to begin with. I have also sent an email to the Consulate here in Egypt asking the same question.

Please, unless you are going to tell me something useful, I don't need to see the same responses again.

If you're not even intending to immigrate then you definitely don't need the K1 or the CR1. You only need a tourist visa. You should have mentioned your intent to not immigrate in your first post for the best responses.

If you can't handle people wanting to help, why bother asking? Lots of times you don't want to read through all the other replies before posting because they're full of bickering back and forth about who's right and who's wrong. And sometimes you just want to give a quick reply before moving on to something else without having to read through a bunch of stuff. Be thankful for what you get.

[belinda63 2,981]

I understand what you want, he wants to come visit but was denied a visitor's visa. You thought a K-1 would be the next best way to go, which it could have been an option if you weren't already married. The time for a K-1 to be processed is shorter than the CR-1 but it would take more than six months.

Your best bet at this time is to obtain and provide proof of his and your ties to Egypt. I say yours also because the assumption will be that he intends to go the US on a tourist visa and adjust status after arriving to obtain a green card. If he proves that not only he, but also you, have ties to Egypt and have no intention of moving to the US he might get a tourist visa.

[Pitaya 2,576]

~Please post and respond constructively, or do not post all.~

PItaya

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[Transborderwife 4,666]

People type responses at the same time often. I'd rather 5 of the same than two dissenting. You can try for a tourist visa proving his ties to his home. However, being from Egypt this may be difficult. Chances for a tourist visa may be slim.

[Egyptian Cotton 1]

I'm certainly not trying to be "snippy" I'm just really looking for useful information since I can't seem to find anything anywhere else.

What kind of evidence have people had success with in proving ties to their home city? I have read you need to show something pretty big like owning a business or a zillion kids enrolled in school. We both work here and have contracts, my husband is a fairly well known author and translator in Egypt, we rent our apartment (in my name not his because of my work), we own 2 bicycles and 4 cats. Other than that we don't have much to show. I've been told bank accounts, airplane tickets and hotel reservations won't work.

Do you think showing our wedding invitation would help? We aren't sending them unless he gets the visa but we have a few printed. Or would that just hurt our cause people they will think since we are getting married we will stay. And why would he immigrate illegally when he can do it fairly simply (all things considered) legally?

So frustrating...

[dwheels76 5,458]

I'm certainly not trying to be "snippy" I'm just really looking for useful information since I can't seem to find anything anywhere else.

What kind of evidence have people had success with in proving ties to their home city? I have read you need to show something pretty big like owning a business or a zillion kids enrolled in school. We both work here and have contracts, my husband is a fairly well known author and translator in Egypt, we rent our apartment (in my name not his because of my work), we own 2 bicycles and 4 cats. Other than that we don't have much to show. I've been told bank accounts, airplane tickets and hotel reservations won't work.

Do you think showing our wedding invitation would help? We aren't sending them unless he gets the visa but we have a few printed. Or would that just hurt our cause people they will think since we are getting married we will stay. And why would he immigrate illegally when he can do it fairly simply (all things considered) legally?

So frustrating...

Strong ties as his job, your job, your lease, If you can show every way you are coming back just going over to have a wedding before some friends and family. It might get approved. But as mentioned you being the USC spouse the risk of him coming and you deciding well we like it here lets adjust immigration thinks ion that. whether your intention or not.

You ask why would he immigrate illegally. People like shortcuts. When they see the process and how long it takes. Like you said you figured you would lie to immigration. People do that.

Seems wild to go through all the applying for a K1 even if you could (he still can be denied at embassy). The majority of males get put in AP (Administrative Processing) some for weeks, months, maybe years. That's something to consider also. So your timetable I pray is very flexible.

[Egyptian Cotton 1]

Just to be clear, I was not planning on lying to get the K-1 visa. I was legitimately wondering if we were eligible since we never registered the marriage in the U.S. If we were able to we would have, if not I had no intention to lie to get it. I have no reason to lie my way into getting my husband into the U.S.

[KierenHby 897]

3. As for taxes, I have been married under one year and my tax lawyer (who I use since I file from overseas) assured me that it is not necessary to file as a married couple since I am only reporting on one income. I am not trying to evade taxes or swindle the US government, our marriage was just very close to the filing date and it wasn't necessary.

We are not looking for him to be able to immigrate. I understand it is a slow process and if that was what we wanted to we would be more than happy to patiently wait for it. We want to go to the US for 11 days. 11 days. That's it. We are going to have a wedding, then a reception, then come back to Egypt. Where we live and work and want to be.

A marriage in Egypt is a marriage in the US...period!

And how do you justify a K1 if all you want and desire is to live elsewhere?

[novedsac 355]

Strong ties as his job, your job, your lease, If you can show every way you are coming back just going over to have a wedding before some friends and family. It might get approved. But as mentioned you being the USC spouse the risk of him coming and you deciding well we like it here lets adjust immigration thinks ion that. whether your intention or not.

This is useful information to the OP. A tourist visa seems the only viable solution for the OP/husband given their stated circumstances.

The general consensus is that the US citizen should stay out of a tourist visa applicant's petition, but in the case of the OP they are married and her ties to Egypt will be very important for the CO to overcome the 'intent to immigrate' hurdle when reviewing the application, in addition to her husband's ties.

Employment contracts, length of employment, money in bank account, family ties in Egypt, the cats, future plans, etc. - they all add a little bit to the intent to return to Egypt claim that the OPs husband needs to satisfy. Build your story carefully and completely; be up front that you're already married and have no intent to immigrate to the US, therefore a CR1/IR1 is not of interest to you at this point in time.

Referring to your 'event' in the USA as a 'wedding' may be a bit confusing to the CO if you're also presenting evidence that you're already married ... perhaps better to call it your 'celebration' or 're-affirmation' with your American family members who couldn't make it to the Egyptian wedding.

Good luck.

[Pennycat 880]

Was he denied the tourist visa before or after you were married? That could make all the difference. Big caveat here: they still may not give it to him. The risk is that some people could spin this same exact story, have their spouse come over on a tourist visa and then wind up staying and adjusting status here. That's a misuse of the tourist visa but people have incentive to do it because it's much faster and much cheaper and people like work-arounds. They ruin it for everyone who wants to just *visit* their spouse while waiting for the spousal visas, or for people in your situation.

I see where you got confused at the K1 thing--thinking that it was a short-stay visa specifically for fiances....sorry, no (I sort of remember reading about it and thinking that's what it was at first, too). It's an immigrant intent visa. In fact, even if you weren't married and therefore were eligible for this visa, it wouldn't be for you (if you want to still live in Egypt, that is).

[Egyptian Cotton 1]

Yes, he was denied like 3 months after we were married. What is an OP? :-/

[Transborderwife 4,666]

Original poster

[Unidentified 2,930]

Yes, he was denied like 3 months after we were married. What is an OP? :-/

OP = Original poster aka the one who started this thread (in this case you)

[Egyptian Cotton 1]

Ah. ha. that makes sense.