Is the K-1 Visa right for us?

[DRodrigo 0]

Hi,

 

My fiancé has attempted to obtain a tourist visa to the USA twice, unfortunately she has been denied both times. I would love for her to attend a family reunion mid next year and it seems that the K-1 Visa may be the best chance for her to be present.  We are already engaged and have made plans to marry with no set date, now it can be done in the USA. Is it mandatory that she file for a change of status after the marriage or is it frowned upon if we only get married and she returns to Kenya? I am a contractor and do not work and live in the USA, also I do not plan to do so for a few years. Any advice will help, thanks in advance.

[Roel 7,193]

If you're ready to marry you might file for k1. Then get married in the USA. No, the AOS will not be mandatory but once she leaves the US after the wedding without the card,  you'll have to file for the spouse visa whenever you're ready to move to the USA pernamently. 

[Going through 5,675]

18 minutes ago, DRodrigo said:

Is it mandatory that she file for a change of status after the marriage or is it frowned upon if we only get married and she returns to Kenya?

No.  You can get married and she can return to Kenya.  You would then file for a spouse visa (IR-1/CR-1).

 

18 minutes ago, DRodrigo said:

My fiancé has attempted to obtain a tourist visa to the USA twice, unfortunately she has been denied both times. I would love for her to attend a family reunion mid next year and it seems that the K-1 Visa may be the best chance for her to be present.

Just make sure you have enough proof of a bonafide relationship and proof of seeing each other within the last two years.

 

20 minutes ago, DRodrigo said:

I am a contractor and do not work and live in the USA, also I do not plan to do so for a few years. 

Don't forget to file US taxes for the years you are living outside of the States for your foreign income.  This will become important (along with other evidence that the US is your domicile) when you are filing the I-864 form, if you are planning on living/working outside of the US for several years.

[DRodrigo 0]

2 minutes ago, Roel said:

If you're ready to marry you might file for k1. Then get married in the USA. No, the AOS will not be mandatory but once she leaves the US after the wedding without the card,  you'll have to file for the spouse visa whenever you're ready to move to the USA pernamently. 

Thank you, I did not know if it was frowned upon if we decided to go ahead with the AOS, I read that afterwards I may try a CR-1.

[DRodrigo 0]

5 minutes ago, Going through said:

No.  You can get married and she can return to Kenya.  You would then file for a spouse visa (IR-1/CR-1).

 

Just make sure you have enough proof of a bonafide relationship and proof of seeing each other within the last two years.

 

Don't forget to file US taxes for the years you are living outside of the States for your foreign income.  This will become important (along with other evidence that the US is your domicile) when you are filing the I-864 form, if you are planning on living/working outside of the US for several years.

 

 

Thank you, I stay on top of my taxes, nothing like an upset Uncle Sam coming after you.  

[Going through 5,675]

12 minutes ago, DRodrigo said:

 

 

Thank you, I stay on top of my taxes, nothing like an upset Uncle Sam coming after you.  

Not just Uncle Sam...if you are planning on being outside of the US for several years and then filing for a CR-1 visa when you come back to the States, you then have to prove that the USA is still your main domicile to be able to sponsor your new wife over.  

 

Proof of domicile includes paying US taxes while living abroad, maintaining active US bank accounts while abroad, registered to vote in the US, US employment or proof of trying to find a job in the US, owning/maintaining property while abroad, etc.  Things that prove you have strong ties to the US even though you are living elsewhere for an extended time.

Edited September 30, 2017 by Going through

[DRodrigo 0]

 

2 minutes ago, Going through said:

Not just Uncle Sam...if you are planning on being outside of the US for several years and then filing for a CR-1 visa when you come back to the States, you then have to prove that the USA is still your main domicile to be able to sponsor your new wife over.  

 

Proof of domicile includes paying US taxes while living abroad, maintaining active US bank accounts, registered to vote in the US, US employment or proof of trying to find a job in the US, owning/maintaining property, etc.  Things that prove you have strong ties to the US.

 

Got it, it seems it will be difficult for my fiancé to visit the US with me,  between the time I work overseas and  when I finally decide to live back in the USA.

[Going through 5,675]

7 minutes ago, DRodrigo said:

 

 

Got it, it seems it will be difficult for my fiancé to visit the US with me,  between the time I work overseas and  when I finally decide to live back in the USA.

Perhaps get married in Kenya, then, if you don't want to apply for the K1 visa?

Edited September 30, 2017 by Going through