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Posted

My fiance is from India, however he works in the Philippines. So after the wedding we plan on living in the Philippines for a few years and then he will transfer to the US within his company. So do we need a K-1 or can he come on another visa that he already has get married and then leave. Then in a few years when we decide to come back apply for the spouse visa?

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

hi

the K1 is only if you plan to live in the US, so no, this visa is not for you, since you don't plan to live in the US with your spouse for now

you don't need to get married in the US, you can marry in any other country

Posted

Thank you for your help. We want the wedding in the US since my family is bigger than his it is more convenient. Do you know where I can look up any laws pertaining to this? I've only found laws about getting the K-1 not any about it not being necessary.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Thank you for your help. We want the wedding in the US since my family is bigger than his it is more convenient. Do you know where I can look up any laws pertaining to this? I've only found laws about getting the K-1 not any about it not being necessary.

There are no laws pertaining to getting marry in the US.

Your fiance needs a visitor visa. The same rules apply whether he wants to go to Disneyland or getting marry.

The big problem is that the number of people who use visitor visas to bypass the K-1 fiance visa or CR-1/IR-1 spousal visa. Your fiance will need to overcome the presumption that he intends to immigrate. The best way is to show your ties and his ties to the PI.

Best of luck

Filed: Timeline
Posted

Yeah, it's always possible to be refused the visitors visa or to be denied entry at the airport. But lots of people do travel to the US for trips or to get married, so try your luck!

He can only apply for K1 you you if he's an American citizen.

Filed: Other Country: Canada
Timeline
Posted

Like calling the USCIS and talking to an officer and presenting the ties to the Phil's and getting like a notarized letter from them or something? To help get through the airport?

Nope. None of these will make a difference. You cannot pre present the ties. Likely you'll be form but have it all just in case

Filed: Other Country: Philippines
Timeline
Posted

My fiance is from India, however he works in the Philippines. So after the wedding we plan on living in the Philippines for a few years and then he will transfer to the US within his company. So do we need a K-1 or can he come on another visa that he already has get married and then leave. Then in a few years when we decide to come back apply for the spouse visa?

If your fiance can enter the USA on a tourist visa then no issue getting married and returning to the Philippines. No need for a K-1 if you are not staying.

Why not get married in the Philippines?

Hank

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