PLEASE HELP US! K-1 QUESTIONS

[bolshoibooze 0]

Hi guys.

I'm new here and I had some questions that maybe you can all help me out with.

Ok, first. Here is our story:

I am a US citizen. I met my fiancee online 3 years ago while I was stationed in Al Taqaddum, Iraq for the National Guard. He is in the British Army and was stationed in Baghdad, Iraq. We talked for over 2 years before we even met in person. Mainly because after he returned home from Iraq the end of 2006, he got deployed again to Afghanistan the middle of 2007. We then met in person in May 2008. Since then, we have flown to see each other almost every two months. He usually ends up coming here when he gets approved for leave from the Army.

We are planning to get married, so I can live with him overseas while he is finishing up his last 2 years in the British Army, then we plan to move back to the US and buy a house.

We plan to file for the K-1 (I-129F) visa when he comes here in March. The problem is that he is getting ready to deploy again the end of March for a undisclosed amount of time. So if they need any sort of paperwork or interviews to be conducted that require him to be there is that going to be a problem? Would that make us ineligible candidates?

I also have been reading that the K-1 visa can take over a year before you get the OK to marry. This also concerns me because of how frequently he seems to get deployed. If we have to wed within 90 days of receiving the visa, and he is deployed again then we will have just wasted all that time.

My next question is. Can we marry here in the US and then file for a visa? or would be only be allowed to marry abroad and then file for the K-3?

We would ideally like to get married here in the US in the fall of this year when he returns from Iraq, but if it's illegal then we won't do it. I don't want to hurt our chances of moving back to the US after his service is up.

If you guys can help in any way then that would be amazing, because I'm literally freaking out and on the verge of tears.

Thank You,

Candi and Sam

[payxibka 10,047]

if your intent is for your fiance to come to the states only for marriage and not to live, then the K-1 is not the visa you need... you can do that on a tourist or VWP stay...

[pushbrk 13,084]

if your intent is for your fiance to come to the states only for marriage and not to live, then the K-1 is not the visa you need... you can do that on a tourist or VWP stay...

Right, the K1, "fiance visa" is not required for "marriage" in the USA. It's for marriage followed by immediate adjustment of status to permanent resident. The path that matches your goals is to marry when and where you please. Then, about 6 months before he's ready to immigrate to the USA, follow the Direct Consular Filing guide on VJ. He'll then arrive as a permanent resident with full work authorization.

[bolshoibooze 0]

OMG thank you guys soooooo much!! This completely made my day <3

[pushbrk 13,084]

OMG thank you guys soooooo much!! This completely made my day <3

Now, when he arrives at the port of entry, his purpose is to visit friends and family, not to "get married". The wedding is just one item on the agenda. For example the same answer works when the primary purpose is to "go to Disnyworld". No sense raising flags that will get entry denied. General truth, no lies.

[Sinergy 3]

hmmm.....withdrew my statement for now

Edited February 2, 2009 by Sinergy

[Sinergy 3]

OMG thank you guys soooooo much!! This completely made my day <3

Now, when he arrives at the port of entry, his purpose is to visit friends and family, not to "get married". The wedding is just one item on the agenda. For example the same answer works when the primary purpose is to "go to Disnyworld". No sense raising flags that will get entry denied. General truth, no lies.

Telling someone to lie at the POE is a big no no on VJ...you should know atleast that.

edited

Edited February 2, 2009 by Sinergy

[payxibka 10,047]

Telling someone to commit visa fraud is a big no no on VJ...you should know atleast that.

I have to ask, where is the visa fraud?

[Peikko 1,575]

With the guy being a member of the armed forces, his ties to his home country are pretty secure so I would imagine even if he was to say he was entering the US to get married before returning to his military unit the chances are very slim that he would be denied entry.

There is absolutely no problem with coming to the US to get married as has been said many, many times and it is of course perfectly legal. What is illegal is to come to the US planning on getting married and then staying to adjust status to become a legal permanent resident. That is only legal IF one enters the US with absolutely no intention of getting married and the marriage just comes about as a natural course of events that take place AFTER entering the US. That is obviously not going to happen in this case because of the non USC's military ties so it's very hard to see that the OP's partner will have any problems or difficulties on this score.

So, if you want to get married sooner rather than later, get it organized and good luck to you guys and a safe tour of duty to the OP's partner.

[Sinergy 3]

telling someone to lie at the POE is an absolute NO NO on VJ

[payxibka 10,047]

telling someone to lie at the POE is an absolute NO NO on VJ

I thought visa fraud was using using a non-immigrant visa or entry to circumvent US immigration law....

[Marilyn. 340]

OMG thank you guys soooooo much!! This completely made my day <3

Now, when he arrives at the port of entry, his purpose is to visit friends and family, not to "get married". The wedding is just one item on the agenda. For example the same answer works when the primary purpose is to "go to Disnyworld". No sense raising flags that will get entry denied. General truth, no lies.

telling someone to lie at the POE is an absolute NO NO on VJ

I thought visa fraud was using using a non-immigrant visa or entry to circumvent US immigration law....

I think she is talking about the above post... it is kind of a grey area because it really isn't lying but it isn't telling the exact truth either...

[Sinergy 3]

telling someone to lie at the POE is an absolute NO NO on VJ

I thought visa fraud was using using a non-immigrant visa or entry to circumvent US immigration law....

That has nothing to do with me stating lieing at the POE is bad....as you can see or read...i edited my statement and corrected it.

If you want to lie at the POE, great...but for us on VJ to tell ppl to do so...in open is a no no and we all know it.

Edited February 2, 2009 by Sinergy

[payxibka 10,047]

OMG thank you guys soooooo much!! This completely made my day <3

Now, when he arrives at the port of entry, his purpose is to visit friends and family, not to "get married". The wedding is just one item on the agenda. For example the same answer works when the primary purpose is to "go to Disnyworld". No sense raising flags that will get entry denied. General truth, no lies.

telling someone to lie at the POE is an absolute NO NO on VJ

I thought visa fraud was using using a non-immigrant visa or entry to circumvent US immigration law....

I think she is talking about the above post... it is kind of a grey area because it really isn't lying but it isn't telling the exact truth either...

she originally said fraud... but edited it later to lying ... now, the question that must be answered is if omission is lying

[pushbrk 13,084]

OMG thank you guys soooooo much!! This completely made my day <3

Now, when he arrives at the port of entry, his purpose is to visit friends and family, not to "get married". The wedding is just one item on the agenda. For example the same answer works when the primary purpose is to "go to Disnyworld". No sense raising flags that will get entry denied. General truth, no lies.

telling someone to lie at the POE is an absolute NO NO on VJ

I thought visa fraud was using using a non-immigrant visa or entry to circumvent US immigration law....

I think she is talking about the above post... it is kind of a grey area because it really isn't lying but it isn't telling the exact truth either...

she originally said fraud... but edited it later to lying ... now, the question that must be answered is if omission is lying

Is there some part of "general truth, no lies" that translates in the brain to, "lie"?

As for "omissions" being lies, they can be but not in this case. There's nothing illegal about getting married while visiting. Omiting that information is intended to avoid the possibility the CBP agent will deny entry based on the FALSE assumption immigration fraud is intended. It isn't. A "lie" as an answer to "purpose of visit?" would be, "I'm going to a trade show." when your intention is to, "Deliver the cocaine filled condoms I swallowed."

We advise people in these and other circumstances like visiting a fiance or spouse to give a general but truthful answers when asked for the purpose of their visit. To do so is not to lie. Answers like vacation, pleasure, sales calls, visiting family and friends, holiday, going to the beach etc. are all true if they are true. For instance this Brit's agenda might include some golf with his inlaws, some shopping, attend a bachelor party, a 1 hour wedding, a three hour party, a week at a beach resort, hanging with friends and family etc. When asked for the purpose of a visit, one is not required to provide an itinerary of activities, just a general description of the primary purpose of the visit. Maybe he'll be here two weeks and spend one hour of that two weeks getting married. As long as the visitor has nothing planned that is not allowed for somebody in his class of visitor all is well.