K1 the best choice?

[lolodxb 0]

My boyfriend & I are looking at getting engaged at the end of the year. He is a US national.  I am a British national, living and working in Dubai. We would like to get married in the US, but haven’t decided which one of us will move, once we are married. As the K1 process is so long, I would ideally like to get it underway, but I’m concerned we would have problems if we decided to leave the US to live in Dubai, after the wedding.

Second question, could I go over & get married on the visa waver (tourist visa) & either leave after the wedding (& do a spousal visa from outside the country) or change my status in the US if we decide to stay?

Any help/information would be appreciated.

[JFH 12,190]

*~*~*moved Fromm "K-1 fiancé visa" to "what visa do I need" as OP is still weighing the options*~*~*

 

Welcome from another Brit!

 

If you are wanting to live in Dubai, you don't need a K-1. A K-1 is for people wanting to enter the country, marry and stay. If you want to marry in the USA and then return to Dubai, you can use the VWP for this (assuming you are eligible - you'll need a B-2 if you're not).

 

Entering on the VWP with the intention of adjusting status is illegal. Don't even consider it. 

 

If you want to make the USA your permanent home you can also look at the CR-1. I have to say, for working people from the VWP countries this is the best option. The K-1 is basically a very expensive tourist visa that permits you to adjust status if you marry within 90 days. You cannot work for many months. You cannot leave the country for many months. In some states you cannot even drive for many months as a K-1 holder.

 

The CR-1 allows you to work and travel internationally from the moment you arrive. You can visit the USA on the VWP during the processing time. 

 

Where does your fiancé live? Dubai or the US?

Edited September 24, 2017 by JFH

[geowrian 22,337]

I 100% agree with the above.

1. If you aren't sure where you want to live yet, then I wouldn't suggest a K-1.
2. You can enter via the VWP and marry. You cannot enter on the VWP with the intent to stay/adjust status.
3. If you marry, you can do the CR-1/IR-1 visa route - either immediately or down the line in case you want to live in Dubai first.
4. The CR-1 is superior to a K-1 in every way (cheaper, less steps, can work & travel right away, etc.) except it takes a few extra months to obtain.

[lolodxb 0]

Thank you both!

 

@JFH  He is currently living & working in the US. Which is why we have the dilemma.  

 

After reading both both your replies, I still have 2 questions:

1. If we get married from a k1 visa, are we obligated to stay in the US & if so, for how long?

 

2. If we get married on the VWP, & then apply for the cr1 visa from outside the US, could I go back to the states & stay with him whilst it’s in process (if he stays there)?  Or even travel to the states with him on vacation.

 

The timeframes of each are quite daunting. It’s either 6 months to wait now & then potentially be stuck there, or get married & potentially spend our first year apart.  😒

[geowrian 22,337]

33 minutes ago, lolodxb said:

1. If we get married from a k1 visa, are we obligated to stay in the US & if so, for how long?

 

2. If we get married on the VWP, & then apply for the cr1 visa from outside the US, could I go back to the states & stay with him whilst it’s in process (if he stays there)?  Or even travel to the states with him on vacation.

 

The timeframes of each are quite daunting. It’s either 6 months to wait now & then potentially be stuck there, or get married & potentially spend our first year apart.  😒

First, why not get married now and do AOS instead? He's already in the US so this is permitted since he did not enter with immigrant intent.

1. No, you are not obligated to remain in the US. The maximum duration he can legally stay is 90 days on a K-1 visa. There is no minimum.
2. He can visit while the CR-1 is in process. However, excessive time in the US will make it seem like he is living in the US, which would be an abuse of the VWP admission and he may be denied entry.

[JFH 12,190]

7 hours ago, geowrian said:

First, why not get married now and do AOS instead? He's already in the US so this is permitted since he did not enter with immigrant intent.

1. No, you are not obligated to remain in the US. The maximum duration he can legally stay is 90 days on a K-1 visa. There is no minimum.
2. He can visit while the CR-1 is in process. However, excessive time in the US will make it seem like he is living in the US, which would be an abuse of the VWP admission and he may be denied entry.

The husband-to-be is the USC, living in the USA.

 

The wife-to-be is British living in Dubai. 

 

OP, a K-1 process will cost you about $2000. After arriving in the USA you will have 90 days to get married and then it will take up to a year for you adjustment of status to be complete. So if you are not planning to live here for a year or longer, it's a ridiculous waste of money in your case. Also in that period there will be up to 6 months where you cannot work or travel overseas. If you move away from the USA after the adjustment is complete, having spent all that money, you will still need to do the whole spousal visa process anyway if you want to come back to live here in the future. 

Edited September 25, 2017 by JFH

[*Snowdrop* 604]

It sounds as though you should make the decision about where you both want to live for the next few years before you apply for either visa. 

 

Spending the first whole year of your marriage apart isn't great - I did it and lots of us on here did - but you just end up thinking of the first year you live together as the first real year, after ten years together it's a distant memory. 

 

If you both have careers which can transplant fairly easily and you both are open to living in each country for a while you could do the following:

 

- Get married in the US on the VWP 

- Your husband moves to Dubai - you both see how you like it

- When/if you're ready you apply for the US spousal visa - you'll be together in Dubai while it processes 

- Move to the US

- After three years apply for US citizenship - now you will be able to move back and forth visa free from the US with your spouse. (not so easily to the UK of course, that's a whole other ball game)

[geowrian 22,337]

3 hours ago, JFH said:

The husband-to-be is the USC, living in the USA.

 

The wife-to-be is British living in Dubai.

I stand corrected. Swap my "he's" and "she's".

[lolodxb 0]

On 9/25/2017 at 2:53 PM, JFH said:

The husband-to-be is the USC, living in the USA.

 

The wife-to-be is British living in Dubai. 

 

OP, a K-1 process will cost you about $2000. After arriving in the USA you will have 90 days to get married and then it will take up to a year for you adjustment of status to be complete. So if you are not planning to live here for a year or longer, it's a ridiculous waste of money in your case. Also in that period there will be up to 6 months where you cannot work or travel overseas. If you move away from the USA after the adjustment is complete, having spent all that money, you will still need to do the whole spousal visa process anyway if you want to come back to live here in the future. 

Thanks,  to clairfy,  after the change of status is complete 6months - 1year), I would be free to travel outside of the US, I just wouldn’t be able to move for 3 years? (Unless I was to go through the spousal visa process)?

 

Im wondering whether it would be worth it to start the k1 process with the option of cancelling it if we decide, in the next 4months, to stay outside of the US counting the cost of losing the application fee of course.  

 

Is is anyone aware of any problems related to cancelling the k1 application & later applying for the cr1 visa?  

[Dashinka 24,596]

On 9/26/2017 at 10:37 PM, lolodxb said:

Thanks,  to clairfy,  after the change of status is complete 6months - 1year), I would be free to travel outside of the US, I just wouldn’t be able to move for 3 years? (Unless I was to go through the spousal visa process)?

 

Im wondering whether it would be worth it to start the k1 process with the option of cancelling it if we decide, in the next 4months, to stay outside of the US counting the cost of losing the application fee of course.  

 

Is is anyone aware of any problems related to cancelling the k1 application & later applying for the cr1 visa?  

Just keep in mind that as an LPR, there are obligations you need to fulfill to maintain that status.  Coming to the US, and getting a GC is not the same as having a multi entry visitor visa.  So the main question is you need to decide where you want to live.  If outside the US, then no visa is required, get married anywhere and fulfill the immigration requirements of the country you will be living in.  If in the future you decide you want to go back to the US, then you can file for a CR1/IR1, and come permanently when that visa is issued.

 

Good Luck!

[LionessDeon 2,060]

    There may be some helpful information.

 

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

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

 

[LionessDeon 2,060]

http://www.visajourney.com/wiki/index.php?title=Permanent_Resident