Can I apply for K-1 visa when I will be getting married overseas?

[aaron2020 11,651]

4 hours ago, jaehoppa said:

I don't expect her to come back with me to the states when I return in April.  I know it will take some time.  

But how would US government or Korean government know that we got married in Korea if we don't report the wedding?  

Brillant.  Commit visa fraud.  Make a material misrepresentation.  Get a lifetime ban.  Smart.

 

Help yourself by using the search function on this site or Google.  Hiding material information during the process.  What can go wrong?

Edited January 27, 2017 by aaron2020

[Prystine 184]

everyone on this board has had to go through the waiting process in one form or another and yes it sucks but it's worth it once your loved one is here. That being said, you have to do this the legal way and if you are planning on marrying over in Korea, then your only real option is the CR1. I know a year sounds like a long time but it will go by quicker then you think and the other benefit of doing the CR1 is that she will get her 2yr. conditional Greencard after entering the US and will be able to work immediately. You won't have to deal with going through AOS/AP/EAD to get the 2yr. conditional greencard. Less steps in the long run and cheaper. 

[pantonia 39]

I think your decision lies on which thing is your priority. I'll give you pros and cons, based on my own experience of course, so take it with a grain of salt. If someone could help with the Spouse visa fact checking, it would be great, since I didn't go that route.

 

Be together the soonest possible? ----> K-1 visa
Assuming K-1s are still taking less time than spouse visas. For us, it took us 5 months for K-1 approved while spouse visas were taking 10-12 months.

 

PROS:

- She'll be able to immigrate as soon as the K-1 is approved

- You'll be able to wait for the result of the AOS together and get a head start on your life together in the meantime.

 

CONS:

- In theory, there's two interviews involved (One at her local embassy and one in the US for the GC approval), the Spouse has the one at the embassy.

- You have to collect/provide evidence of relationship in one more instance.K-1: first with the I-129f, then to bring with her to the embassy interview, then to the GC interview if she gets one. With the spouse visa, you should just collect them for the I-130 and then for the embassy interview.

- I think overall it costs more money because you pay for all the GC processing in addition to the K-1 process.

- It can be nerve-wrecking having your wife in the country and starting her new life, job etc, and then maybe something goes wrong with the AOS processing and it gets denied (far fetched but possible).

- Once she enters the US, she cannot work or leave until she applies for and receives a an EAD/AP card. Those can take up to 90 days after filing for them, and you have to apply after marrying, along with the AOS application. So no Korean wedding right after the US one.

 

Be married in Korea first? ----> Spouse visa

 

PROS:

- You'll get your Korean wedding first and sooner, which seems pretty important to you both

- Once she immigrates, you don't have to deal with much immigration hassle for 2 whole years.

- Once she immigrates, she can right away start looking for a job and doing all the things the GC makes so much easier.

- She'll enter the country with a GC which gives you a lot more reassurance that she'll be there to stay, no waiting for AOS in the dark, no waiting for EAD/AP while sitting at home fiddling with her thumbs.

 

CONS:

- Usually takes longer to get approved than K-1

- Depending on your relationship, you might have a harder time proving a bona fide marriage/relationship without being physically together. Probably no joint leases or bank accounts, etc.

- If she doesn't have strong proof of ties to Korea, she might not be allowed to enter the US in the meantime to visit you.

 

 To me, while it felt much much harder and expensive, I went the k-1 route and don't regret it. Even if it had only gained me 1 extra day together compared to the Spouse visa, it would have been worth it. But I know not everyone is as impatient as we were.

 

Good luck and whatever you do, make sure to be well informed of everything and its consequences. 

[LionessDeon 2,060]

The guides have a wealth of information on this.  They have prepared a pros and cons list for you.  I am not sure if the prices have been updated since the fee increase but the info is still relevant.

http://www.visajourney.com/content/compare

[NikLR 13,220]

~~moved from K1 process and procedures to what visa do I need~~

[Ontarkie 13,943]

~~A number of posts removed for going off topic. Stick to answering the questions or do not post.~~

Edited January 27, 2017 by Ontarkie