Can someone entering on a fiancee visa leave the states before we are married?

[NiiandMe 0]

My fiancee lives in Ghana and runs a successful business there. We want him to come to the states to meet my family and help plan the wedding, but he will need to return to Ghana to maintain his business before we are married. Then he intends to return to the states for us to marry. Is this possible?

[VanessaTony 3,567]

My fiancee lives in Ghana and runs a successful business there. We want him to come to the states to meet my family and help plan the wedding, but he will need to return to Ghana to maintain his business before we are married. Then he intends to return to the states for us to marry. Is this possible?

Depends how you want him to visit.

You are posting in the K1 forum yet your profile doesn't tell me whether you've applied for one. I'll assume you have:

If you expect to use the K1 visa to do it, then no. The K1 is single entry only. If you do not marry in the 90 days he enters on the k1 then the K1 "dies" and you would need to marry and follow a spousal process. He can't even return during that 90 day period (if he leaves) because, like i said, it's a single use visa. If he marries you in the 90 days but then leaves before AOS then he would need to follow the spousal process. If he marries you using the K1, then you apply for AOS and he leaves before the AOS is complete (or without an AP document) then his AOS would be cancelled and you would need to follow the spousal process (and you don't get a refund). If he marries you using the K1, you apply for AOS and he waits till he gets his AP document or GC then no problem

I don't know much about Ghana but if he can get a visitors visa (prior to getting the K1) then yes he can visit but he would need to show strong ties to his home country in order to be let in. Also showing K1 paperwork processing shows them that you're doing things the proper way.

HOWEVER, it is illegal to enter on a visitors visa with intent to marry and adjust status. Are you applying for a K1 visa?

Welcome to VJ and please update your profile and timeline

Edited March 1, 2010 by Vanessa&Tony

[HeatDeath 430]

My fiancee lives in Ghana and runs a successful business there. We want him to come to the states to meet my family and help plan the wedding, but he will need to return to Ghana to maintain his business before we are married. Then he intends to return to the states for us to marry. Is this possible?

It's certainly possible. He'll need a tourist visa. That, however may be a problem, depending on his local consulate. Tourist visas can be very difficult to obtain in certain countries. I do not know if Ghana is one of these.

Tourist visas are typically denied if the consular officer feels the applicant would be a strong immigration risk. Having a fiancee in the the US would definitely tend to make them feel that he might be intending to enter the US on this tourist visa and simply stay. Having his own business in need of maintenance in Ghana would help him, as would any other demonstrable ties to Ghana: mortgages, employees, etc.

Note that once you apply for a fiance visa for him (or marry him and begin the process of applying for a spousal visa (which might be an easier road than the fiance visa, again, depending on his consulate)), it will become even more difficult, indeed, probably impossible to get a tourist visa. If he already has one, he should be able to continue to use it, but he should make sure to bring evidence of the aforementioned ties to Ghana, as the border officers will also refuse to admit him if they feel he is a significant risk for illegal immigration/visa abuse.

I should also point out that the timelines involved in obtaining a fiance or spousal visa are extremely uncertain, but quite long, so it would be unwise to do any but the most basic planning before his fiance visa is approved. Also, once he is given a fiance visa, the wedding must be within 90 days of his entry. It is unclear how much help he will be able to be in the planning stages.

[Full disclosure: we did have our wedding planned for a specific date, with money put down, before we had the visa in hand. This was profoundly unwise, although in our defense the wedding was way into the future (September, and the visa was issued in April) and we were going through what is considered to be one of the easiest consulates (Vancouver, Canada). Ghana may be a little more of a fight, and therefore generate significantly more uncertain timelines.)

Edited March 1, 2010 by HeatDeath

[Gary and Alla 3,694]

My fiancee lives in Ghana and runs a successful business there. We want him to come to the states to meet my family and help plan the wedding, but he will need to return to Ghana to maintain his business before we are married. Then he intends to return to the states for us to marry. Is this possible?

Once the visa is issued he needs to adjust status before returning to Ghana. It sounds as though the K-1 is a very poor choice for you. he can visit no on a visitor visa, if he can get one. Otherwise, you shoud consider the CR-1 visa, get married first, then file for that.

The K-1 will require him to remain in the USA for 3-6 months after he arrives, you are married and adjust status.

[Brother Hesekiel 2,235]

More food for thought: have you and your fiancee tried to figure out what to do with his successful business in Ghana once he marries you and lives with you in the United States? Even with a Green Card and being a Permanent Lawful Resident he won't be able to spend much time away from the US.

[pushbrk 12,569]

My fiancee lives in Ghana and runs a successful business there. We want him to come to the states to meet my family and help plan the wedding, but he will need to return to Ghana to maintain his business before we are married. Then he intends to return to the states for us to marry. Is this possible?

K1 is a single entry visa. If he leaves before the marriage and application to adjust status plus at least a couple weeks to obtain emergency advance parole, you'll be starting over again. Neither the fiance or spouse visa processes are arranged for "convenience".

[Nik+Heather 121]

Neither the fiance or spouse visa processes are arranged for "convenience".

You have a gift for understatement, push.