Do I need to file I-129F /K1 if I don't intend to live in the US?

[Dutch Guy 0]

Hi,

My American girlfriend and I (Dutch nationality) both live and work in The Netherlands.

We want to get married sometime next year and want to do so in the USA (California) for reasons that her family is very large and it would be more convenient to have the wedding over there (more people will be able to attend).

I assume I will need to file the I-129F peition and then qualify for the K1 Fiance visa. However, I wonder if this is the right route as we both do not intend to live in the US (for now) but will return to The Netherlands. We simply want to get the US marriage legalized in The Netherlands afterwards and live our lives as we do now.

Do I need a K-1 visa? If so, what do we answer to question 14 of I-129F: Address in the United States where your fiance(e) intends to live?

Thank you in advance for your help!

[Simon and Janet 6]

Hmmm.

I'm sure you can come to America and marry and return to the Netherlands. Surely the marriage on American soil will be recognized as a legal marriage in your home country. If you have no intention of moving to the U.S there's no point filing for a K-1. Simply file the IR-1 / CR-1 or DCF if you both decide you want to return in the coming years. On a K-1 visa you would need to enter the U.S sometime within a 6 month period after approval and then marry within the 90 day period.

[Dutch Guy 0]

Thanks, but it looks like the IR-1 or CR-1 visa only applies to people who are already married. We are not married yet and want to get married in the US.

I heard getting married on a toruist visa could have consequences later. I don't want to take that risk either.

[sara..... 371]

Thanks, but it looks like the IR-1 or CR-1 visa only applies to people who are already married. We are not married yet and want to get married in the US.

I heard getting married on a toruist visa could have consequences later. I don't want to take that risk either.

you can get married on a tourist visa as long as you leave the usa at the end of ur time on the tourist visa, the problem comes when u come to the usa with intent to marry and stay, then it become visa fraud.

sara

[Penguin_ie 5,993]

You don't need a visa to get married in the USA, just to stay there afterwards. You can enter as you normally would on the Visa Waiver Program.

[Dutch Guy 0]

Hmmm, so if I enter on a tourist Visa/visa waiver I can get married legally? Can I even mention this at the border?

Do you think I could have problems getting a Green Card if we decide to move to the USA, say, 2 years after getting married?

[JimVaPhuong 4,863]

Hmmm, so if I enter on a tourist Visa/visa waiver I can get married legally? Can I even mention this at the border?

Do you think I could have problems getting a Green Card if we decide to move to the USA, say, 2 years after getting married?

Anyone can marry in the US, regardless what type of visa you enter with.

Once you are married in the US, you can stay and apply for a green card, but you are not required to. If you did stay and apply for a green card then the requirement is that you either entered the US with the proper type of immigrant visa OR you did not intend to immigrate when you entered with a non-immigrant visa or VWP (e.g., you met your wife on a tourist visit, had a whirlwind romance, and got married, etc.). You can't enter with a non-immigrant visa or the VWP with the intention of immigrating. That would be visa fraud. If the government suspects you used a non-immigrant visa or VWP for immigrant purposes then they could bar you from the US for life. When people say there is a risk to entering the US on a tourist visa to get married, this is the risk they're talking about - a subsequent green card application could end up getting you barred from the US.

When you enter the US, the CBP officer is going to ask you what you plan to do in the US. If you say you plan to get married then he/she is almost certainly going to suspect you plan to stay and file for a green card. As described above, this is illegal. You can't enter with a non-immigrant visa with the intention of immigrating. The CBP officer might turn you around and put you on a plane back to the Netherlands. You should not lie to the CBP officer, but you should be prepared to provide very strong proof that you will be returning to the Netherlands after your marriage (job, property ownership, family, etc.).

Your wife can file a CR1 or IR1 petition later on to get you a green card (CR1 if married less than 2 years, otherwise IR1). However, you can't live outside the US for long periods of time and keep the green card. The purpose of the green card is for people who want to reside in the US - not for people who want to visit occasionally. A green card holder must maintain residence in the US. If you abandon residency (for example, you leave the US for more than a year without a re-entry permit) then you'll lose your green card. If you plan to live in the US, then the CR1/IR1 is the way to go. It will take about a year to get the visa and green card.

[Anh map 2,098]

I wouldn't bring a wedding dress in the luggage. That may cause some extra questioning at the POE. You are going to visit family. What the party is about is up to you.

[Dutch Guy 0]

Great, that saves me a lot of time and money! Thanks a lot for your help!

[tibortt 0]

You don't need a visa to get married in the USA, just to stay there afterwards. You can enter as you normally would on the Visa Waiver Program.

Sure....