Is Permanent Residency necessary after K1

[pushbrk 13,610]

No, we do not have AP. We never filed for AOS, so AP was not necessary.

Interesting. Does this just work with the VWP or can you also use a B visa?

It's a different subject, of course, but how will your husband become a permanent resident, should you desire theat in the future? In which country do you now live?

[gwenneh 7]

I don't know about a B-visa, as my husband is a resident of the UK and uses the VWP. Presumably yes, provided the beneficiary has not violated the terms of the B visa - but I'm not positive on that.

We currently live in the UK, and we are applying for the CR-1 through Direct Consular Filing - that is how he will be obtaining permanent residency.

Essentially, doing things the way we did them made the K-1 visa a huge waste of time and effort! We did it because at the time we'd planned on settling in the US, however, plans change.

Edited October 19, 2007 by Gwen666

[pushbrk 13,610]

I don't know about a B-visa, as my husband is a resident of the UK and uses the VWP. Presumably yes, provided the beneficiary has not violated the terms of the B visa - but I'm not positive on that.

We currently live in the UK, and we are applying for the CR-1 through Direct Consular Filing - that is how he will be obtaining permanent residency.

Essentially, doing things the way we did them made the K-1 visa a huge waste of time and effort! We did it because at the time we'd planned on settling in the US, however, plans change.

I think the issue for others is that if they don't already fall under VWP or actually have a B visa before their petition is filed, is that they can't get a B visa afterwards.

Clearly, it is possible under your exact circumstance. It would be good to know the extent of the circumstances under which re-entry without AP after K1 entry is allowed.

[Rob & Jin 0]

I don't know about a B-visa, as my husband is a resident of the UK and uses the VWP. Presumably yes, provided the beneficiary has not violated the terms of the B visa - but I'm not positive on that.

We currently live in the UK, and we are applying for the CR-1 through Direct Consular Filing - that is how he will be obtaining permanent residency.

Essentially, doing things the way we did them made the K-1 visa a huge waste of time and effort! We did it because at the time we'd planned on settling in the US, however, plans change.

I think the issue for others is that if they don't already fall under VWP or actually have a B visa before their petition is filed, is that they can't get a B visa afterwards.

Clearly, it is possible under your exact circumstance. It would be good to know the extent of the circumstances under which re-entry without AP after K1 entry is allowed.

The important thing here is that you abandened your K-1, by never adjusting status. The OP did not express a desire to do the same thing. So i still think if they do not get AP to leave and file for AOS they could have re-entry difficulties. Or at least the same as you USCIS will think their K-1 is abandoned .

[Mike T. 0]

Thank you Gwen. It helps that you too have done the very thing that I am asking because there are so many differing answers. I want to clarify and give you a situation. I would be heart broken if my beloved and I ran into problems entering the U.S. after our honey moon.

First, to clarify: As long as we don't file the AOS she can enter/leave as a tourist. When and if she decides to immigrate we want to settle in the U.S., we will then need to apply for a K3. Is that right?

The Scenario: Bring her over on a K-1 (I have heard it is illegal to marry on a tourist visa - but if it is not I would love to know because it would make alot of things easier - and this is under the assumption that she doesn't intend to immigrate). Marry within the allotted time limit (90 days). Go on honeymoon (which would entail leaving the U.S. via Canada before the 90 days are up *** not filing the AOS ****). Spend a few days and have her come back as a tourist.

Final Question: Will we need to provide proof that we have been married (i.e. marriage license)?

Final comment: I don't understand the logic behind making you file the AOS if you don't want to immigrate AND also making it illegal to marry on a tourist visa. If it were a sane world I would assert one of them to be false but reading through the uscis and state.gov website has driven me insane. Thank God for this site, truly!!

Blessings -

Mike

[gwenneh 7]

If you are not settling in the US, it is perfectly legal to marry on a tourist visa. You do not need the K-1 unless you intend to settle in the US directly after marriage.

If you don't intend to settle in the US, filing for the K-1 is a waste of time and money for you!

Edited October 19, 2007 by Gwen666

[pushbrk 13,610]

Thank you Gwen. It helps that you too have done the very thing that I am asking because there are so many differing answers. I want to clarify and give you a situation. I would be heart broken if my beloved and I ran into problems entering the U.S. after our honey moon.

First, to clarify: As long as we don't file the AOS she can enter/leave as a tourist. When and if she decides to immigrate we want to settle in the U.S., we will then need to apply for a K3. Is that right?

The Scenario: Bring her over on a K-1 (I have heard it is illegal to marry on a tourist visa - but if it is not I would love to know because it would make alot of things easier - and this is under the assumption that she doesn't intend to immigrate). Marry within the allotted time limit (90 days). Go on honeymoon (which would entail leaving the U.S. via Canada before the 90 days are up *** not filing the AOS ****). Spend a few days and have her come back as a tourist.

Final Question: Will we need to provide proof that we have been married (i.e. marriage license)?

Final comment: I don't understand the logic behind making you file the AOS if you don't want to immigrate AND also making it illegal to marry on a tourist visa. If it were a sane world I would assert one of them to be false but reading through the uscis and state.gov website has driven me insane. Thank God for this site, truly!!

Blessings -

Mike

Now you're making some sense. First, it is absolutely ok to marry on a tourist visa. What is not ok is to enter the US with the intention to marry AND then attempt to STAY and adjust status based on that marriage. If she's here, you can marry, provided she brings enough paperwork to satisfy the local County Clerk who doesn't care about immigration status for a marriage license.

Based on your stated plan, I would skip the fiance Visa altogether. If you filed a petition, withdraw it. Then go on with your lives as planned until you decide it's time for her to immigrate. Several months in advance of your planned move, embark on the visa process most applicable to your circumstances at the time.

[jennybeni 0]

If you are not settling in the US, it is perfectly legal to marry on a tourist visa. You do not need the K-1 unless you intend to settle in the US directly after marriage.

Do you happen to know if it is ok to tell immigration you'll be getting married then going back to your own country (on a tourist visa or VWP), if you have evidence to support it? Or, is it legal but immigration still might not let my fiance in the country if they know we're getting married? I have read on the France and Japan consulate websites that it is ok to get married and then return to country of residence, but a friend of mine talked to a lawyer who said you still cannot say anything about marriage at the port of entry or immigration will get suspicious anyway.

That is our backup plan if the VSC doesn't get a move on I129Fs and we have to cancel it.

Thanks!!

[gwenneh 7]

It *is* okay to let immigration know your intentions if directly asked - it's never a good idea to lie to immigration, but always prudent to answer in as few words as possible! Just have the information to prove your ties to your country of residence.

You're right in that mentioning marriage may make immigration suspicious, so best to be prepared to answer any and all questions and prove that you've got to leave the country afterwards.

[Mike T. 0]

If you are not settling in the US, it is perfectly legal to marry on a tourist visa. You do not need the K-1 unless you intend to settle in the US directly after marriage.

If you don't intend to settle in the US, filing for the K-1 is a waste of time and money for you!

What does she say about her intent to enter and every time we re-enter the U.S.? I guess I am curious because they are making sure that her intent is not to immigrate and if they find out that she is coming to get married they might think she is getting married or if they find out we are already married that we are planning on staying without going through the K-3 process. I am wondering what your experience has been. Thanks so much. This is good news.

Mike

[pushbrk 13,610]

If you are not settling in the US, it is perfectly legal to marry on a tourist visa. You do not need the K-1 unless you intend to settle in the US directly after marriage.

If you don't intend to settle in the US, filing for the K-1 is a waste of time and money for you!

What does she say about her intent to enter and every time we re-enter the U.S.? I guess I am curious because they are making sure that her intent is not to immigrate and if they find out that she is coming to get married they might think she is getting married or if they find out we are already married that we are planning on staying without going through the K-3 process. I am wondering what your experience has been. Thanks so much. This is good news.

Mike

She tells them she's coming to visit family and friends. You tell the truth but don't need to provide a detailed travel itinerary. Once you're married, the answer is the same. Both of you reside abroad and are coming to visit family and friends. Have round trip tickets and evidence of ties to your country of residence and have a nice visit.

[gwenneh 7]

Just tell them the truth about why you're entering the US - visiting, going to Disneyland, seeing family, going to Las Vegas, whatever you're doing. You don't have to make up anything special for immigration - if you don't intend to immigrate, you're not hiding anything. If they ask if you're married (after you're married), say yes. While it may feel like a big thing, remember, you're not the only person coming through the POE in the same situation. Heck, you're probably not even the only person in that hour!

It's best to travel with proof of your ties to your country of residence. Russ and I travel with a packet of paperwork prepared in the event we get questioned (we never have - and keep in mind that he has an expired K-1 visa in his passport, proving that at one point he did have immigrant intent!) Our packet contains:

-Our tenancy agreement

-Our work contracts, both mine and his.

-Bank statements, both mine and his.

-My US passport with my UK residency visa stamped inside.

-Current utility bills with our address on them

-Our marriage certificate

(recently added) Our NOA1 for his CR-1, filed at London.

We carry this just in case we get stopped but to date have never needed it (touch wood).

Really, what you're looking to do is perfectly legal. Relax; you're not hiding anything! Just be ready for questions if they come; they may or may not be asked. If you are asked questions, answer them truthfully and as simply as possible. That's really it.

[Mike T. 0]

Just tell them the truth about why you're entering the US - visiting, going to Disneyland, seeing family, going to Las Vegas, whatever you're doing. You don't have to make up anything special for immigration - if you don't intend to immigrate, you're not hiding anything. If they ask if you're married (after you're married), say yes. While it may feel like a big thing, remember, you're not the only person coming through the POE in the same situation. Heck, you're probably not even the only person in that hour!

It's best to travel with proof of your ties to your country of residence. Russ and I travel with a packet of paperwork prepared in the event we get questioned (we never have - and keep in mind that he has an expired K-1 visa in his passport, proving that at one point he did have immigrant intent!) Our packet contains:

-Our tenancy agreement

-Our work contracts, both mine and his.

-Bank statements, both mine and his.

-My US passport with my UK residency visa stamped inside.

-Current utility bills with our address on them

-Our marriage certificate

(recently added) Our NOA1 for his CR-1, filed at London.

We carry this just in case we get stopped but to date have never needed it (touch wood).

Really, what you're looking to do is perfectly legal. Relax; you're not hiding anything! Just be ready for questions if they come; they may or may not be asked. If you are asked questions, answer them truthfully and as simply as possible. That's really it.

Okay, One more thing. Thank you so much. You have been so helpful. I am from the U.S. and my fiance is from Switzerland. What shall we carry with us after marriage? Are the things that you carry because of your husband's K-1? Thanks again.

Mike

[gwenneh 7]

Okay, One more thing. Thank you so much. You have been so helpful. I am from the U.S. and my fiance is from Switzerland. What shall we carry with us after marriage? Are the things that you carry because of your husband's K-1? Thanks again.

Mike

You would need to carry anything that proves that she will return to Switzerland once her stay in the US is up. Anything on my list is a pretty good indicator; also, things like mortgage agreements, tax statements from Switzerland (whatever the equivalent of Council Tax may be there!), your visa for Switzerland if you have one, a letter from her job stating when she'll be back, a school registration form showing she's got classes scheduled - anything that proves she's going back and has things to go back to. We carry our pile of papers "just in case"; we carried them before he had the K-1 and before we were married (sans marriage certificate, obviously!) just in case - and we have never needed anything beyond our itinerary with the return flight information.

"Be prepared", or something like that!

[desert_fox 32]

Actually a US Consulate is authorized to issue a B2 visitors visa for the specific purpose of getting married and then leaving the US.

If you apply for a K-1 visa and is approved, the Consulate will stamp the K-1 inside of the passport and at the same time cancel any existing B-2 without prejudice.