if my fiance doesn't want a green card?

[PAgal 0]

My fiance is hoping to come to the US on a K-1 fiance visa for us to get married. However, we do not plan to live in the US; we will both be returning to his country of citizenship (Mexico). I have been assuming that as long as he has a K-1 visa and leaves the country before 90 days are up, there will be no problem if we just don't bother applying for a green card and heading toward permanent residency. Does anyone know, is that true? Or will we be creating some problem if we do NOT continue on to apply for change of status and permanent residency?

Thanks for the help!

Jennifer

[Ladylethal 12]

If you're gonna be living in Mexico, why are you applying for a K1 in the first place? K1 visa is for couples intending to live in US after the marriage, if you're gonna go back to Mexico, he can just go on a tourist visa, get married, and then return to Mexico.

[Mand 1]

The K-1 visa is for couples intending to marry and reside in America, it is not a tourist visa. It takes time, effort and money and I wouldn't go down that road if you have no intention of using it.

In saying that, if you receive it, there are no penalties once you leave before the 90 days are up...except maybe that an American visa was obtained under false pretences i.e. fraud.

[TracyTN 237]

I agree, don't understand why you are going for a fiance/e visa if you do not plan to reside in the US.

[I'm Gone 60]

Yeah if he isn't going to file for the AOS you are wasting your money filing the K-1 petition and having him apply for the K-1 visa. Just come over in the back of a truck like everyone else. LOL

[PAgal 0]

Well, he COULD just come on a tourist visa if the good 'ol USA would give him one. In the past 8 years, he's applied 3 times (most recently April 2006) and been denied for no good reason. So, we're not going to sit around waiting another 8 years for a tourist visa so we can get married. GRRR . . . My understanding is, a fiance visa is a much surer way of getting granted a visa, even if it is more costly and time consuming. (Of course only about $170 more than a tourist visa and the time frame isn't THAT different, since it takes about 6 months to get an interview date for a visa in Mexico City!) Anyway, that's our thoughts. I see no way in which this is obtaining a visa under false pretenses . . . the ONLY reason he is coming to the US is to get married, the whole point of a K-1 visa.

Jennifer

If you're gonna be living in Mexico, why are you applying for a K1 in the first place? K1 visa is for couples intending to live in US after the marriage, if you're gonna go back to Mexico, he can just go on a tourist visa, get married, and then return to Mexico.

[TracyTN 237]

Is there a reason you MUST get married in the US?

I have to disagree about a wedding being the 'point' of a K1. A K1 is so that an unmarried couple can marry and then settle in America.

Edited May 18, 2006 by TracyTN

[Ladylethal 12]

I was thinking the same, can't the wedding be in Mexico? It'd be a lot easier for both of you 'cus then you have no papers to take to Mexico to have all legality done there.

[PAgal 0]

No, we don't HAVE to get married in the US, but it is really important to us that he get to my country and meet "my people" and culture at some point and so we'll have to make the effort for some kind of visa sometime anyway. So, it seems now is as good of time as any. :-) Of course, if we need to, we'll just change plans and get married in Mexico. You're right, it would be a lot easier.

Is there a reason you MUST get married in the US?

[TracyTN 237]

Not only would it be easier, but you would be one less clog in the already clogged K1 lines.

I would think you'd have a really good chance at getting him a tourist visa to travel back here with you one day to meet the family. He'd be in a better position then - the spouse of a US citizen (esp. if you're traveling together) - than he is now for the tourist visa.

Edited May 18, 2006 by TracyTN

[De & Al 0]

No as far as I know there s no problem, my husband came from Cuba on a I-129F visa, and after we married he went back to Cuba, not because we intent to live in Cuba but because we were advised that once we got married he had to return and them apply for a I130. And this is what we are doing, Once I found out that this was not the proper way to go called Immigration Office and they said that it was no problem to go ahead an apply for I-129 and the I-130, that s were we are at know.

[Mand 1]

my husband came from Cuba on a I-129F visa, and after we married he went back to Cuba, not because we intent to live in Cuba but because we were advised that once we got married he had to return and them apply for a I130.

That sucks...ye got some crappy advice. I hope he gets his visa soon

[TracyTN 237]

No as far as I know there s no problem, my husband came from Cuba on a I-129F visa, and after we married he went back to Cuba, not because we intent to live in Cuba but because we were advised that once we got married he had to return and them apply for a I130. And this is what we are doing, Once I found out that this was not the proper way to go called Immigration Office and they said that it was no problem to go ahead an apply for I-129 and the I-130, that s were we are at know.

A I 129F is not a visa. It is a form that one fills out when petitioning for both K1 and K3s.

At any rate, I'm not sure how your situation is the same as what the OP wants to do. It sounds as if you were planning to reside in the US.

[Mand 1]

No as far as I know there s no problem, my husband came from Cuba on a I-129F visa, and after we married he went back to Cuba, not because we intent to live in Cuba but because we were advised that once we got married he had to return and them apply for a I130. And this is what we are doing, Once I found out that this was not the proper way to go called Immigration Office and they said that it was no problem to go ahead an apply for I-129 and the I-130, that s were we are at know.

A I 129F is not a visa. It is a form that one fills out when petitioning for both K1 and K3s.

At any rate, I'm not sure how your situation is the same as what the OP wants to do. It sounds as if you were planning to reside in the US.

She meant the K-1 if you see her timeline...just called it by the petition name All the numbers and letters sometimes get jumbled up along the way!

Edited May 18, 2006 by Mand

[TracyTN 237]

Right, guess it would have helped if I had read that.

I was just totally confused!