2 Simple K-1 Fiance Questions

[Unlockable 7,306]

@fishj,

 

Are you aware that the K1 visa is a one time use visa? Meaning once you use it to enter the first time, you can no longer use it later to reenter the US?

 

I agree with others that the K1 may not be the appropriate visa to use because it is dual intent.  However, if it is a specific place in the US that you have a desire to have your wedding, then by all means you are free to use it.

[Kastrs 723]

1 minute ago, Jaquelly said:

 

So the goal can be a US wedding - neat. The person clogs up the system for those of us who want to get married and live in the US with our spouse. That's NOT what this application is meant for and it slows it down for the rest of us. 

you missed the point that sometimes there is no option if the beneficiary cant get a tourist visa

how is it their fault that they are unable to enter using VWP and unable to get a b2?

AoS is NOT compulsory with a k1, so while the majority do AoS there is no reason one cannot use the k1 for the purpose of a wedding

[fishj 3]

1 minute ago, NuestraUnion said:

@fishj,

 

Are you aware that the K1 visa is a one time use visa? Meaning once you use it to enter the first time, you can no longer use it later to reenter the US?

 

I agree with others that the K1 may not be the appropriate visa to use because it is dual intent.  However, if it is a specific place in the US that you have a desire to have your wedding, then by all means you are free to use it.

I did not know it was a one time use. I tried talking to someone at the US embassy here in Morocco but they were extremely unhelpful - hence why I am trying to get answers here on this site.

[Jaquelly 1,647]

1 minute ago, Kastrs said:

you missed the point that sometimes there is no option if the beneficiary cant get a tourist visa

how is it their fault that they are unable to enter using VWP and unable to get a b2?

AoS is NOT compulsory with a k1, so while the majority do AoS there is no reason one cannot use the k1 for the purpose of a wedding

It's not my fault, or any of our faults, that we don't want the K1 visa to be used inappropriately just because someone doesn't fulfill the criteria of a visitor or work visa. It's borderline fraud if you ask me, and I don't condone it.

[fishj 3]

5 minutes ago, Jaquelly said:

 

So the goal can be a US wedding - neat. The person clogs up the system for those of us who want to get married and live in the US with our spouse. That's NOT what this application is meant for and it slows it down for the rest of us. 

My goal is NOT for it to be a US wedding. It is to avoid the extreme unfair laws that Moroccan men have over women. For example, with a Moroccan marriage, a woman must get their husbands approval to leave the country with their kids if she wants to travel with them and also the men have more control/power over the bank accounts. THAT is why my fiance and I want to have a US marriage. He doesn't want me to lose any of my rights.

[Jaquelly 1,647]

Just now, fishj said:

My goal is NOT for it to be a US wedding. It is to avoid the extreme unfair laws that Moroccan men have over women. For example, with a Moroccan marriage, a woman must get their husbands approval to leave the country with their kids if she wants to travel with them and also the men have more control/power over the bank accounts. THAT is why my fiance and I want to have a US marriage. He doesn't want me to lose any of my rights.

I don't really understand. You want to get married in the US to avoid that life, but continue to live in Morocco where that's the culture? How is that going to help you?

[Daniela M_______ 409]

1 minute ago, fishj said:

My goal is NOT for it to be a US wedding. It is to avoid the extreme unfair laws that Moroccan men have over women. For example, with a Moroccan marriage, a woman must get their husbands approval to leave the country with their kids if she wants to travel with them and also the men have more control/power over the bank accounts. THAT is why my fiance and I want to have a US marriage. He doesn't want me to lose any of my rights.

Have you though about getting married in a 3rd country? it would be better and cheaper (no k1 visa process) and then you could file for a spouse visa when you are ready to move to the US. I think this would be a better option.

[Unlockable 7,306]

9 minutes ago, fishj said:

I did not know it was a one time use. I tried talking to someone at the US embassy here in Morocco but they were extremely unhelpful - hence why I am trying to get answers here on this site.

Therein lies your dilemma. Something else for you to consider now.

 

Options:

• Use the K1 to enter and marry. Return to your country. When ready to immigrate to US, your US spouse will file for spousal visa.
• Try for a visitor visa. If you can obtain one, use it to enter the US, marry, and return to your country. You can then continue to use your visitor visa to visit the US.
• Change your plans to marry your fiance in your home country (or another country that you can visit). When ready to migrate to the US, have US citizen spouse apply for a spousal visa. After arriving in US with spousal visa, have a big wedding ceremony wherever you desire in the US.

Edited September 10, 2018 by NuestraUnion

[fishj 3]

Just now, Jaquelly said:

I don't really understand. You want to get married in the US to avoid that life, but continue to live in Morocco where that's the culture? How is that going to help you?

I have a work contract I would like to respect and save enough money to then move back to the States. 

Like I said earlier in another post. I tried to contact the embassy here to ask questions to see what my options are and they only stated this would be the better one. I came here to learn more about the K1 visa and get my questions answered.

[fishj 3]

1 minute ago, NuestraUnion said:

Therein lies your dilemma. Something else for your to consider now.

 

Options:

• Use the K1 to enter and marry. Return to your country. When ready to immigrate to US, your US spouse will file for spousal visa.
• Try for a visitor visa. If you can obtain one, use it to enter the US, marry, and return to your country. You can then continue to use your visitor visa to visit the US.
• Change your plans to marry your fiance in your home country (or another country that you can visit). When ready to migrate to the US, have US citizen spouse apply for a spousal visa. After arriving in US with spousal visa, have a big wedding ceremony wherever you desire in the US.

Thank you so much for this. I really appreciate it!!

[Jaquelly 1,647]

Just now, fishj said:

I have a work contract I would like to respect and save enough money to then move back to the States. 

Like I said earlier in another post. I tried to contact the embassy here to ask questions to see what my options are and they only stated this would be the better one. I came here to learn more about the K1 visa and get my questions answered.

I'm not trying to be rude. I know that I sound that way, but I am trying to save you HUNDREDS of dollars before you file for a visa that might not be the best fit for you.

 

@NuestraUnion has some really great ideas for you up there. We don't want you wasting your time or money. Ultimately, the only thing any of us want is to find the right solution for you and your fiance.

 

[Daniela M_______ 409]

Just now, fishj said:

Thank you so much for this. I really appreciate it!!

Just consider that K1 visas have a high denial rate in Morocco. so it's not even sure you'll get it granted. Try to go with the less risky option for you guys.

 

Good luck!

[yuna628 9,530]

11 minutes ago, Jaquelly said:

It's not my fault, or any of our faults, that we don't want the K1 visa to be used inappropriately just because someone doesn't fulfill the criteria of a visitor or work visa. It's borderline fraud if you ask me, and I don't condone it.

There is nothing borderline fraud in using a K1 visa (if it is approved... and honestly they will likely have an uphill climb here.. so don't worry too much) for the intended purpose of marrying in the US. That is it's purpose. There's nothing in the law itself that states the OP is doing anything illegal with the visa in using it for it's stated purpose. Of course, obtaining it will be half the battle... it's also probably an expensive plan, and could prove fruitless, but if they've got the money to burn...  you know?

 

Their application isn't going to clog the system any more than anyone else's, and since they do not intend to use it afterwards to stay and adjust, it will provide less of a clog in the future, if successful of course. A K1 is under no legal obligation to stay and adjust, that's simply just how it works. The law merely provides the option for the K1 to stay and adjust if they want to (contrast that with a UK marriage visitor visa which does not provide that option at all). If that's not in the interests of this couple's situation, then they do not have to do so.

 

Is it the best option for the OP? Probably not, if they want it to be successful against a high denial rate..

Edited September 10, 2018 by yuna628

[Unlockable 7,306]

I am moving this thread to "What Visa Do I Need - Family Based Immigration" as OP needs advice on appropriate visa for their circumstance.

[fishj 3]

1 minute ago, Jaquelly said:

I'm not trying to be rude. I know that I sound that way, but I am trying to save you HUNDREDS of dollars before you file for a visa that might not be the best fit for you.

 

@NuestraUnion has some really great ideas for you up there. We don't want you wasting your time or money. Ultimately, the only thing any of us want is to find the right solution for you and your fiance.

 

Yea, I think @NuestraUnion gave me some great ideas. I legit was transferred countless times thru the embassy and they only told me about the K1... I appreciate all this feedback and of course really appreciate the warnings of how expensive it is. There is just SO much info to go thru and figure out what is best for us. I just needed to know what my options were, and am SO glad to know it's not just the K1.