Required to Stay in the US and apply for a green card with K-1 visa?? Even if we don't want to live in the US?

[Madi011 0]

I'm a US citizen currently living in Tajikistan (over 3 years) and my fiancé is Tajik. We would like to get married in the US first, but then return to Tajikistan shortly after that because we own and run a business together there. Therefore, we only want to stay in the US for 2-3 weeks. Is this possible with a K-1 visa? Or does the K-1 visa require us to stay longer and apply for the green card?

 

Thanks for your help!!

[PaulaCJohnny 713]

34 minutes ago, Madi011 said:

I'm a US citizen currently living in Tajikistan (over 3 years) and my fiancé is Tajik. We would like to get married in the US first, but then return to Tajikistan shortly after that because we own and run a business together there. Therefore, we only want to stay in the US for 2-3 weeks. Is this possible with a K-1 visa? Or does the K-1 visa require us to stay longer and apply for the green card?

 

Thanks for your help!!

 

You will need to show a US domicile and a lot more for apply for any visa (K1- CR1/IR1) for your fiancé/future husband.

 

You can visit, get married and flight back to Tajikistan and apply after for CR1/IR1 Visa.

 

Just remember that Permanent residence (Green card) is for live in the US. Is this your intention, right?

Edited January 30, 2021 by Paula&Johnny

[Madi011 0]

Thanks for such a quick response. 

 

Our intention is NOT to live in the US. We both currently live in Tajikistan. He is a citizen and I am here on a work visa. However, I would like to get married first in the US, so that my family can be part of it. If we get married in Tajikistan first and apply to go to the US with a CR1 marriage visa for a wedding celebration, 6-16 months might pass in between which is not optimal.

 

We don't want to apply for a green card right away. Maybe later down the road because it is not our intent to live in the US. 

 

I simply want us to go to the US for the wedding and then return to Tajikistan. My question is whether or not the k-1 visa REQUIRES us to immediately apply for a green card after marriage.  

 

Thanks!

Edited January 30, 2021 by Madi011

[powerpuff 6,729]

52 minutes ago, Madi011 said:

I'm a US citizen currently living in Tajikistan (over 3 years) and my fiancé is Tajik. We would like to get married in the US first, but then return to Tajikistan shortly after that because we own and run a business together there. Therefore, we only want to stay in the US for 2-3 weeks. Is this possible with a K-1 visa? Or does the K-1 visa require us to stay longer and apply for the green card?

 

Thanks for your help!!

K-1 is not an option for you then. The visa essentially just allows your fiancé to enter the US and that’s it. Then you have to apply for adjustment of status to get a green card. During the wait you receive EAD and AP which allow your fiancé to work and travel. If she leaves the US before she receives any of this, her application will be deemed abandoned and she has to start over. I second @Paula&Johnny. Apply for a tourist visa, marry in the US, come back and apply for CR-1/IR-1.

Edited January 30, 2021 by powerpuff

[powerpuff 6,729]

10 minutes ago, Madi011 said:

We don't want to apply for a green card right away. Maybe later down the road because it is not our intent to live in the US.

Then apply for a visitor visa and come back after the marriage. Apply for CR-1/IR-1 whenever you will be ready to do so. Research how to establish US domicile because you’ll need it for the process. 
 

Another question is whether or not the US embassy in Tajikistan is processing tourist visas right now. 

Edited January 30, 2021 by powerpuff

[Lucky2Lucky 2,526]

4 hours ago, Madi011 said:

Thanks for such a quick response. 

 

Our intention is NOT to live in the US. We both currently live in Tajikistan. He is a citizen and I am here on a work visa. However, I would like to get married first in the US, so that my family can be part of it. If we get married in Tajikistan first and apply to go to the US with a CR1 marriage visa for a wedding celebration, 6-16 months might pass in between which is not optimal.

 

We don't want to apply for a green card right away. Maybe later down the road because it is not our intent to live in the US. 

 

I simply want us to go to the US for the wedding and then return to Tajikistan. My question is whether or not the k-1 visa REQUIRES us to immediately apply for a green card after marriage.  

 

Thanks!

Your fiancé would apply for a b1/b2 visa (tourist) if you only want to spend 2-3 weeks in the US. A k1 and CR1 are for immigrating, not visiting. It is perfectly legal to marry in the US and for you both to return to Tajikistan. I’m not sure what the refusal rate is for that country or if it would be hard to obtain one but that would be your only obstacle. Good luck.

Edited January 30, 2021 by Luckycuds

[Crazy Cat 41,980]

5 hours ago, Madi011 said:

I'm a US citizen currently living in Tajikistan (over 3 years) and my fiancé is Tajik. We would like to get married in the US first, but then return to Tajikistan shortly after that because we own and run a business together there. Therefore, we only want to stay in the US for 2-3 weeks. Is this possible with a K-1 visa? Or does the K-1 visa require us to stay longer and apply for the green card?

 

Thanks for your help!!

A K-1 is not appropriate for your situation.  Instead, the non Us Citizen should apply for a B2 tourist visa.  You can then travel to the US, marry, and leave.  

[little immigrant 801]

5 hours ago, Madi011 said:

Thanks for such a quick response. 

 

Our intention is NOT to live in the US. We both currently live in Tajikistan. He is a citizen and I am here on a work visa. However, I would like to get married first in the US, so that my family can be part of it. If we get married in Tajikistan first and apply to go to the US with a CR1 marriage visa for a wedding celebration, 6-16 months might pass in between which is not optimal.

 

We don't want to apply for a green card right away. Maybe later down the road because it is not our intent to live in the US. 

 

I simply want us to go to the US for the wedding and then return to Tajikistan. My question is whether or not the k-1 visa REQUIRES us to immediately apply for a green card after marriage.  

 

Thanks!

Just get a tourist visa for her then

[millefleur 5,047]

**Moved from K-1 Fiance(e) Visa Case Filing and Progress Reports to Tourist Visas**

[JonSeattle 202]

To get a tourist visa you will need to show strong ties to cause you to leave after your visit. You will likely face skepticism that you are trying to jump the line on the K-1 process by filing for Adjustment of Status after your marriage. To overcome that concern, you will need to show solid evidence that you depend on your business for your livelihood.

[mushroomspore 3,044]

11 hours ago, Madi011 said:

I'm a US citizen currently living in Tajikistan (over 3 years) and my fiancé is Tajik. We would like to get married in the US first, but then return to Tajikistan shortly after that because we own and run a business together there. Therefore, we only want to stay in the US for 2-3 weeks. Is this possible with a K-1 visa? Or does the K-1 visa require us to stay longer and apply for the green card?

 

Thanks for your help!!

Just get a tourist visa. You'll need to show stromg ties to Tajikistan. It sounds like you guys have strong ties but you should do further research on refusal rates for the country to get a better idea. Also just keep COVID restrictions in mind right now and try to plan accordingly. It's still pretty touch-and-go with the travel restrictions.

11 minutes ago, JonSeattle said:

To get a tourist visa you will need to show strong ties to cause you to leave after your visit. You will likely face skepticism that you are trying to jump the line on the K-1 process by filing for Adjustment of Status after your marriage. To overcome that concern, you will need to show solid evidence that you depend on your business for your livelihood.

They don't have a K1 yet and have not even filed papers. They're just asking if K1 is appropriate for them or if there's a different and better option for their plan. They said very clearly they are not looking to emigrate to the US.

[SusieQQQ 11,586]

As it’s been mentioned.... B2 refusal rate for Tajikistan is 61%, so, high. Extra burden to overcome with USC spouse. She should take plenty of evidence that both of you have strong ties there, but you may have to have a plan B of a wedding elsewhere. (Caribbean island perhaps if you want it in close proximity to your family?) 

 

When are you planning on getting married? Dushanbe is listing 90 day wait times to get b visa appointments. 

[HRQX 4,145]

17 hours ago, Madi011 said:

Is this possible with a K-1 visa?

Yes, because K-1 is a NIV that allows dual intent. See INA 101(a)(15)(K)(i): "is the fiancée or fiancé of a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title) and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission"

 

Your fiance can enter the US with the K-1, marry you, and then leave the US before the I-94 expires.

16 hours ago, powerpuff said:

Then you have to apply for adjustment of status to get a green card.

11 hours ago, Luckycuds said:

Your fiancé would apply for a b1/b2 visa (tourist) if you only want to spend 2-3 weeks in the US. A k1...

11 hours ago, Lucky Cat said:

A K-1 is not appropriate for your situation.

Either B-2 or K-1 are valid options. K-1 is a dual intent visa. If B-2 is refused, they can still pursue K-1 for US marriage and then return to Tajikistan. AOS is not required in that scenario.

Edited January 31, 2021 by HRQX

[Crazy Cat 41,980]

16 minutes ago, HRQX said:

Yes, because K-1 is a NIV that allows dual intent. See INA 101(a)(15)(K)(i): "is the fiancée or fiancé of a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title) and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission"

 

Your fiance can enter the US with the K-1, marry you, and then leave the US before the I-94 expires.

Either B-2 or K-1 are valid options. K-1 is a dual intent visa. If B-2 is refused, they can still pursue K-1 for US marriage and then return to Tajikistan. AOS is not required in that scenario.

Of course.  I should have said a K-1 would a long and expensive first option.....Thanks.