My fiancee wants me to do the K1, but would like to return to her home country until green card is issued.

[Geeman111 0]

Hello guys.  First time posting..

 

I had visited my girlfriend in March 2025 in China.  We both want to get married.  My fiancee wants me to do the K1/fiancee visa so that we can get married here in Nevada within 90 days of her arrival.  Thing is, this will be her first time to America to see if she likes it.  She plan to go back home after our marriage to care for her 2 kids, age 9 and 15 until the green card is issued..  So that all 3 of them can move here all at once.

 

My question is, is this even possible?  I know the first part is good ( K1, non immigrant visa just to get here to get married).  BUT, she doesn't want to do the adjustment of status to stay here.  If she go back, to wait for this process, I'd read something about a travel permit so that she can do re-entry into the US (but what about her kids) ?  And if she go back, how do I attach her 2 kids onto the K-1/ I-130 form?    Or, if I do a K1 to include all 3 of them, but indicate that only my fiancee will be traveling here first to get married, then go back, wait for the green card to get issued?

 

I am so lost, and I don't even know what I'm talking about.  

 

Please advise on how to approach this scenario.  

Thank you all for your time..

[OldUser 9,357]

Once she enters on K-1 and marries she'll have to adjust in the US.

Otherwise, if she leaves, she'll have to go through consular process for 2 years, and you'll have to file I-130 for that. And you'll have to file I-130 for each child too.

 

There's no guarantees on reentry permit. Some people never see it despite paying for it. And GC can take a year.

 

 

A cleaner approach is:

- Marry somewhere in third neutral country

- File 3 x I-130s

- Wait for 2 years to reunite

 

Another option is Utah online marriage, but you'll have to meet each other in person and consumate marriage for visa to be issued. Again, 3 x I-130s will be required with Utah marriage.

 

I-129F allows listing minor unmarried children in same petition as for their mother. But everybody will have to adjust status and be in the US for that

Edited June 5 by OldUser

[Dashinka 25,638]

Sure, you can pursue a K1 she can come and get married, and leave prior to filing an AOS package, then you would pursue a spousal visa for her and IR2’s for the children assuming they are all minors when you marry.  Sounds like a lot of money and paperwork, maybe look at getting married first anywhere, and then pursue the spousal visa.

 

Good Luck!

[Crazy Cat 43,995]

21 minutes ago, Geeman111 said:

I am so lost, and I don't even know what I'm talking about.  

This might be helpful:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

Edited June 5 by Crazy Cat

[Dashinka 25,638]

Moved to the What Visa Do I Need forum as seems more appropriate there.

[smilingstone 438]

Is this your first meeting? 

 

She wants you to pursue an immigrant visa for her, but she's unsure if she will even like being in the US? 

 

What happens if you go through all the time and money of a K1 and she decides she doesn't want to live in the US with you? 

 

Whatever path you take, it needs to be a commitment, from both parties. Not regarded as something to test the water. If this is going to work, you need to establish a clear plan. 

[JeanneAdil 6,990]

you would apply advance parole but need to wait for approval and its not fast, 

 

Fee for adult to Adjust for each adult is $2330 (with the Advance parole)

children under 14 is $1580 each (i assume no work permit needed)

 

so, to file K1 and adjust each 1 and travel back and forth all i can say is "WOW"

 

Does she actually want to live with u or just wants a green card ?

Fee schedule

 

https://www.uscis.gov/sites/default/files/document/forms/g-1055.pd

Edited June 5 by JeanneAdil

[Geeman111 0]

3 hours ago, OldUser said:

 

- Marry somewhere in third neutral country

- Wait for 2 years to reunite

 

 

Thank you for this.  What does marry somewhere in third neutral country mean?  I will see her again this August.  She will be traveling to Japan for a 2 week vacation ( she is a nurse).  Is Japan a "third neutral country"?  Can I get married there, and will the US honor a marriage certificate from Japan?  She is a Chinese citizen and I'm a US citizen.    Does it usually take 2 years for a CR-1?

[Crazy Cat 43,995]

16 minutes ago, Geeman111 said:

I will see her again this August.

The Utah online marriage is an option which might work if you go with the spousal visa route.  Be aware that you must meet after the marriage ceremony before filing the I-130.

[JeanneAdil 6,990]

Immigration honors marriage certifcates that are legal in the country that marriage is performed 

[Geeman111 0]

13 minutes ago, Crazy Cat said:

The Utah online marriage is an option which might work if you go with the spousal visa route.  Be aware that you must meet after the marriage ceremony before filing the I-130.

I will look into this.  Thank you for the suggestion.

[OldUser 9,357]

1 hour ago, Geeman111 said:

Thank you for this.  What does marry somewhere in third neutral country mean?  I will see her again this August.  She will be traveling to Japan for a 2 week vacation ( she is a nurse).  Is Japan a "third neutral country"?  Can I get married there, and will the US honor a marriage certificate from Japan?  She is a Chinese citizen and I'm a US citizen.    Does it usually take 2 years for a CR-1?

Yes, as long as you can legally marry in Japan, you can go this route. You'd need to translate docs from Japanese though for immigration paperwork.

 

Or you can marry online with Utah before your trip and consumate marriage in Japan.

 

[Boiler 47,158]

Has she applied for a visa to visit the US?

[garebear397 101]

19 hours ago, Geeman111 said:

Thank you for this.  What does marry somewhere in third neutral country mean?  I will see her again this August.  She will be traveling to Japan for a 2 week vacation ( she is a nurse).  Is Japan a "third neutral country"?  Can I get married there, and will the US honor a marriage certificate from Japan?  She is a Chinese citizen and I'm a US citizen.    Does it usually take 2 years for a CR-1?

 

22 hours ago, OldUser said:

A cleaner approach is:

- Marry somewhere in third neutral country

- File 3 x I-130s

- Wait for 2 years to reunite

 

Just curious, why was it suggest to marry in third neutral country? If they are already visiting China, they can marry there? Or is there something specific about Chinese marriages that complicates. 

[OldUser 9,357]

18 minutes ago, garebear397 said:

 

Just curious, why was it suggest to marry in third neutral country? If they are already visiting China, they can marry there? Or is there something specific about Chinese marriages that complicates. 

I don't know laws in China, but quick search revealed foreigner may need to be a resident in order to marry in China?

Edited June 6 by OldUser