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Filed: K-1 Visa Country: Chile
Timeline
Posted (edited)

Hello, I am a 44 year old male from Southern California and my 30 year old girlfriend in Santiago Chile are contemplating marriage. I am brand new to this process and a bit overwhelmed with all the information, provided here and on the uscis web sight. (Please forgive me if this information is readily available on this sight)

We met in Argentina last February, and she currently has a valid U.S.A. tourist visa and just finished a two week stay with me, here in Southern California. With in the next few months we would like to live together in California to see if marriage is really in our best interest. We are both are gainfully employed, without kids, legally single, financially secure, with strong family ties in our respective countries.

I understand we must submit a Form I-129F to start the process for a K-1 visa and marry within 90 days of her stay here in USA on a K-1 visa.

I am hopping to find useful and practical information and/or advise to help us with the fallowing concerns, and ideas:

1. We would like sufficient time together in California (possibly longer than 90 day K-1 visa) so we both know marriage is in both our best interest.

2. Would it be practical or advisable to time the K-1 visa application in conjunction with a tourist visa stay, or apply for another type of visa, to maximize her legal stay in the USA, prior to marriage.

3. As much as practically possible we would like to keep the issue of legal immigration and building a life long marriage separate.

4. Keep the ability for her to travel to and from Chile to maintain her family ties.

5. So she may better understand our culture she may like to take college classes, volunteer, or work if permitted, prior to our marriage. My income is sufficient for both of us during this process.

What are the best practical actions we should consider and/or take at this point and time? We would like a sufficient amount of time to see if our relationship is marriage worthy, and at the same time we like not to feel we are putting the cart before the horse with all the steps that we need to be taken with all the complicated immigration issues.

Please feel free to share any ideas, advise, or experiences to help us in our process.

Edited by fire-Dave
Filed: Citizen (apr) Country: Ghana
Timeline
Posted

The K1 is a visa that allows for the beneficiary to enter the US to get married and become a permanent resident. It sounds like you are not sure about what you want to do. The K1 process is very time consuming and can be very frustrating and stressful. Unless you are 1000% sure you want to get married, I would not suggest applying for it.

If she has a valid tourist visa then she can stay for the maximum time allowed at POE. Maybe you could do that and see how you like living together and where that takes you. While she is here on a tourist visa she may not be allowed to work or go to school. She may be able to volunteer.

There is no way to combine the length of stays of a K1 and tourist visa. Once she enters on a K1 you have 90 days to get married.

Once she enters on the K1 she can visit Chile with AP or the greencard.

Good luck :)

Mama to 2 beautiful boys (August 2011 and January 2015)

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Filed: K-1 Visa Country: Germany
Timeline
Posted
Hello, I am a 44 year old male from Southern California and my 30 year old girlfriend in Santiago Chile are contemplating marriage. I am brand new to this process and a bit overwhelmed with all the information, provided here and on the uscis web sight. (Please forgive me if this information is readily available on this sight)

We met in Argentina last February, and she currently has a valid U.S.A. tourist visa and just finished a two week stay with me, here in Southern California. With in the next few months we would like to live together in California to see if marriage is really in our best interest. We are both are gainfully employed, without kids, legally single, financially secure, with strong family ties in our respective countries.

I understand we must submit a Form I-129F to start the process for a K-1 visa and marry within 90 days of her stay here in USA on a K-1 visa.

I am hopping to find useful and practical information and/or advise to help us with the fallowing concerns, and ideas:

1. We would like sufficient time together in California (possibly longer than 90 day K-1 visa) so we both know marriage is in both our best interest.

Your fiancee can visit you during the K1 process on a tourist visa. Once she enters the U.S. on the K1 visa, it will become void since it's a single entry visa. If you get married outside of the 90-day window (which is not advisable) she will be out of status. If you have doubts about getting married, I'd suggest the two of you spend some more time together before applying for the K1.

2. Would it be practical or advisable to time the K-1 visa application in conjunction with a tourist visa stay, or apply for another type of visa, to maximize her legal stay in the USA, prior to marriage.

As long as she doesn't she doesn't stay in the U.S. beyond the tourist visa validity and still spends the majority of a year in her home country you will be fine. However, there is always a chance to be turned down at POE if the IO believes that there's a possibility that she will stay in the U.S.

3. As much as practically possible we would like to keep the issue of legal immigration and building a life long marriage separate.

Again, I'd suggest the two of you spend some more time together to see whether you want to spend the rest of your lives together. There are no guarantees in life, but it may make you feel more comfortable if you have more time together before the wedding.

4. Keep the ability for her to travel to and from Chile to maintain her family ties.

She has to spend most of her time (per year) in Chile. On a tourist visa she will be able to travel back and forth (given that it's a multiple entry visa). Once she enters on a K1 visa she cannot leave the U.S. before she receives AP or you'll have to start all over with a spousal visa.

5. So she may better understand our culture she may like to take college classes, volunteer, or work if permitted, prior to our marriage. My income is sufficient for both of us during this process.

The K1 is not a work visa. You will apply for a work permit for a fiancee after the wedding along with AOS and AP. I'm not sure about college classes, but volunteering should be fine.

What are the best practical actions we should consider and/or take at this point and time? We would like a sufficient amount of time to see if our relationship is marriage worthy, and at the same time we like not to feel we are putting the cart before the horse with all the steps that we need to be taken with all the complicated immigration issues.

Please feel free to share any ideas, advise, or experiences to help us in our process.

Hope the answers above helped a bit. This process is quite confusing in the beginning and being away from your SO during that time doesn't make it easier. Take your time to make your decision. Once the visa is received, your fiancee will have 180 days to activate it / enter the U.S.

All the best for your and your fiancee!!!

In every difficulty lies an island of opportunity.

Filed: K-1 Visa Country: Philippines
Timeline
Posted
Hello, I am a 44 year old male from Southern California and my 30 year old girlfriend in Santiago Chile are contemplating marriage. I am brand new to this process and a bit overwhelmed with all the information, provided here and on the uscis web sight. (Please forgive me if this information is readily available on this sight)

We met in Argentina last February, and she currently has a valid U.S.A. tourist visa and just finished a two week stay with me, here in Southern California. With in the next few months we would like to live together in California to see if marriage is really in our best interest. We are both are gainfully employed, without kids, legally single, financially secure, with strong family ties in our respective countries.

I understand we must submit a Form I-129F to start the process for a K-1 visa and marry within 90 days of her stay here in USA on a K-1 visa.

I am hopping to find useful and practical information and/or advise to help us with the fallowing concerns, and ideas:

1. We would like sufficient time together in California (possibly longer than 90 day K-1 visa) so we both know marriage is in both our best interest.

2. Would it be practical or advisable to time the K-1 visa application in conjunction with a tourist visa stay, or apply for another type of visa, to maximize her legal stay in the USA, prior to marriage.

3. As much as practically possible we would like to keep the issue of legal immigration and building a life long marriage separate.

4. Keep the ability for her to travel to and from Chile to maintain her family ties.

5. So she may better understand our culture she may like to take college classes, volunteer, or work if permitted, prior to our marriage. My income is sufficient for both of us during this process.

What are the best practical actions we should consider and/or take at this point and time? We would like a sufficient amount of time to see if our relationship is marriage worthy, and at the same time we like not to feel we are putting the cart before the horse with all the steps that we need to be taken with all the complicated immigration issues.

Please feel free to share any ideas, advise, or experiences to help us in our process.

Hi Dave, Once you file for the k visa, your fiance may not be able to return on a tourist visa. Do you know that she cannot work on a tourist visa? So working is out. She could volunteer on a tourist visa, I think.

Did you consider a student visa? She would have to be enrolled in a program and attend classes, but I believe she could also work if she wanted. With the student visa she could be here for enough time for you to decide if you want to marry her and likewise on her part. If you decide to marry her, you can do that here in the U.S. Also, I believe that it is easier to adjust status to immigrant wife from a student visa. I thought that I read this on the USCIS web site researching adjustment of status. Check it out. Good Luck.

Filed: Timeline
Posted
Hello, I am a 44 year old male from Southern California and my 30 year old girlfriend in Santiago Chile are contemplating marriage. I am brand new to this process and a bit overwhelmed with all the information, provided here and on the uscis web sight. (Please forgive me if this information is readily available on this sight)

We met in Argentina last February, and she currently has a valid U.S.A. tourist visa and just finished a two week stay with me, here in Southern California. With in the next few months we would like to live together in California to see if marriage is really in our best interest. We are both are gainfully employed, without kids, legally single, financially secure, with strong family ties in our respective countries.

I understand we must submit a Form I-129F to start the process for a K-1 visa and marry within 90 days of her stay here in USA on a K-1 visa.

I am hopping to find useful and practical information and/or advise to help us with the fallowing concerns, and ideas:

1. We would like sufficient time together in California (possibly longer than 90 day K-1 visa) so we both know marriage is in both our best interest.

2. Would it be practical or advisable to time the K-1 visa application in conjunction with a tourist visa stay, or apply for another type of visa, to maximize her legal stay in the USA, prior to marriage.

3. As much as practically possible we would like to keep the issue of legal immigration and building a life long marriage separate.

4. Keep the ability for her to travel to and from Chile to maintain her family ties.

5. So she may better understand our culture she may like to take college classes, volunteer, or work if permitted, prior to our marriage. My income is sufficient for both of us during this process.

What are the best practical actions we should consider and/or take at this point and time? We would like a sufficient amount of time to see if our relationship is marriage worthy, and at the same time we like not to feel we are putting the cart before the horse with all the steps that we need to be taken with all the complicated immigration issues.

Please feel free to share any ideas, advise, or experiences to help us in our process.

1) Not possible, unless you go to chile and spend time with her there for longer than 3 months. Or unless she comes on a tourist visa, work visa, etc. Otherwise you have 90 days from the she enters the US to the time you can marry her.

2) Not sure, sorry

3) i don't believe this is possible, nor understand why that's an issue. She is legally immigrating to the US, and there is a legal immigration process one must go through to do so. There is no way around this, unless of course she comes over illegally.

4) She cannot leave the country when she arrives on a K-1 visa until AOS I BELIEVE.

Basically, if you two are not sure that marriage is the correct option, then i wouldn't apply for a K-1. I recommend spending more time with her before marrying her if you aren't sure if you are ready/she is ready.

Good luck!

  • 2 weeks later...
 
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