Second visa for K1 visa holder?

[hmm6604 0]

Hello,

I have been with my boyfriend in his home country and now we are engaged. We have everything necessary to obtain a K1 Visa, including very strong evidence to prove our on-going relationship. The problem lies in the fact that I have a scholarship to go abroad in 2010 for 1 year. My fiancee would be in the states for 2 or 3 months and then I would need to leave the country for a long period of time. I'm aware that in order for him to travel he needs an advance visa. How likely is it (or common) that someone in the US on a K1 visa would be issued another visa to accompany his wife abroad for 1 year? We really don't know what to do, and are also questioning if maybe a K3 visa is a better option for us. Can anyone offer some insight or troubleshooting? Thanks very much!

[star_dragon 0]

In order for him to travel (if he comes on a K1) he needs to apply for Advance Parole, a travel document, which is something you apply for after he's here, you've gotten married, and you apply for Adjustment of Status. He most likely wouldn't get that until 3-5 months after he arrived here (depending on how soon you marry and apply for AOS).

When exactly would you be leaving the US? After January or when the academic year starts in the Fall of 2010? The whole process could take up to a year (or more sometimes) from the time you file, to when you're approved, have the interview and then issued the visa. Sometimes with Casablanca, people get their visas a couple of weeks after the interview. Sometimes months after.

Another concern, if he's approved and comes here, when you apply for AOS you have to show strong proof of income to sponsor him, otherwise you would need a co-sponsor.

Is your plan to take him with you to where you're studying abroad? He would also need a visa for whichever country that is. Even US greencard holders need visas to go to many other countries.

I can't speak for the K3 visa as I dont' have experience with that. But I know you also have to apply for AOS with a K3, though you dont' need the AP document to travel - but still, he would need a visa for the other country, and you still need to show financial support to sponsor him.

[Anh map 2,098]

He would need the advance parole in order to return to the US as a K1 is single use. For traveling to another country he would still be going as a Morroccan citizen and those visa requirements would apply.

Also with the K1 don't forget about the adjustment of status that ought to be filed soon after marraige.

If you are still there and are a legal resident then the Direct Consular Filing (DCF) of the I-130 is best. You would have to be married on order to file. Filing for the I-130/CR1/DCF visa would give him a green card after entering the US. Fewer steps and fees than the K1 or K3.

Read through the VJ Guides to decide which option makes sense for the both of you. And also for the time lines involved in each choice.

Best of luck.

[star_dragon 0]

I agree with Anh Map - CR-1 might be the best visa, because if you apply for the K1 and K3, because of the AOS process, you really need to be in the country for that - biometrics appointment, interview, etc.

For DCF, direct consular filing, you need to be a permanent resident of Morocco for 6 months. This is only for th CR-1 visa, though, so you need to get married there. That's a whole other ball of wax, especially for Morocco. It can take a few weeks, but it can be done.

[Gary and Alla 3,694]

Hello,

I have been with my boyfriend in his home country and now we are engaged. We have everything necessary to obtain a K1 Visa, including very strong evidence to prove our on-going relationship. The problem lies in the fact that I have a scholarship to go abroad in 2010 for 1 year. My fiancee would be in the states for 2 or 3 months and then I would need to leave the country for a long period of time. I'm aware that in order for him to travel he needs an advance visa. How likely is it (or common) that someone in the US on a K1 visa would be issued another visa to accompany his wife abroad for 1 year? We really don't know what to do, and are also questioning if maybe a K3 visa is a better option for us. Can anyone offer some insight or troubleshooting? Thanks very much!

K-1 or K-3 (or even CR-1) does not matter

He will arrive in the Unites States. You will get married and file for AOS. He will need to be here for the AOS interview. (same for K-3 except you would already be married) You can apply for an AP and he can leave the country for up to one year, beyond that, or if you fail to file taxes or if he intends to live in another country, he will forfeit his permanent residency. The US does not issue "visas" to leave the country.

Even so, you do not mention what "go abraod" means. Which country? Just because he is your husband does not mean you can drag him along into other countries. Whatever visa restrictions he has now, will still apply as a US permanent resident. If your education abroad is in France, for example, and France requires him to have a visa, he will STILL need a visa to enter that country and follow you to your school abroad.

So...first check about his abilty to travel with you to the country you will go to. Second, make sure you have a way to be contacted for AOS issues, you need a permanent US address, it can be a relative. Make sure you (he) is not out of the USA for more than 6 months without an AP. You (he) will have to travel back to the USA at least once every 6 months. He cannot be out of the country for more than 18 months in the 3 years prior to applying for citizenship.

This is all possible...but you will have to be very careful to follow all the rules of the US and the country where you will study.

[Gary and Alla 3,694]

He would need the advance parole in order to return to the US as a K1 is single use. For traveling to another country he would still be going as a Morroccan citizen and those visa requirements would apply.

Also with the K1 don't forget about the adjustment of status that ought to be filed soon after marraige.

If you are still there and are a legal resident then the Direct Consular Filing (DCF) of the I-130 is best. You would have to be married on order to file. Filing for the I-130/CR1/DCF visa would give him a green card after entering the US. Fewer steps and fees than the K1 or K3.

Read through the VJ Guides to decide which option makes sense for the both of you. And also for the time lines involved in each choice.

Best of luck.

Anh Map is correct in that the CR-1 will avoid the need to be in the USA for the interview. He will still be a US permanent resident and be restricted by those rules which are no different than a K-1 or K-3 once status is adjusted.

[hmm6604 0]

Hello,

I have been with my boyfriend in his home country and now we are engaged. We have everything necessary to obtain a K1 Visa, including very strong evidence to prove our on-going relationship. The problem lies in the fact that I have a scholarship to go abroad in 2010 for 1 year. My fiancee would be in the states for 2 or 3 months and then I would need to leave the country for a long period of time. I'm aware that in order for him to travel he needs an advance visa. How likely is it (or common) that someone in the US on a K1 visa would be issued another visa to accompany his wife abroad for 1 year? We really don't know what to do, and are also questioning if maybe a K3 visa is a better option for us. Can anyone offer some insight or troubleshooting? Thanks very much!

K-1 or K-3 (or even CR-1) does not matter

He will arrive in the Unites States. You will get married and file for AOS. He will need to be here for the AOS interview. (same for K-3 except you would already be married) You can apply for an AP and he can leave the country for up to one year, beyond that, or if you fail to file taxes or if he intends to live in another country, he will forfeit his permanent residency. The US does not issue "visas" to leave the country.

Even so, you do not mention what "go abraod" means. Which country? Just because he is your husband does not mean you can drag him along into other countries. Whatever visa restrictions he has now, will still apply as a US permanent resident. If your education abroad is in France, for example, and France requires him to have a visa, he will STILL need a visa to enter that country and follow you to your school abroad.

So...first check about his abilty to travel with you to the country you will go to. Second, make sure you have a way to be contacted for AOS issues, you need a permanent US address, it can be a relative. Make sure you (he) is not out of the USA for more than 6 months without an AP. You (he) will have to travel back to the USA at least once every 6 months. He cannot be out of the country for more than 18 months in the 3 years prior to applying for citizenship.

This is all possible...but you will have to be very careful to follow all the rules of the US and the country where you will study.

Hello,

Thanks for the information so far. Go abroad means I would actually be traveling back to Morocco, so there are no restrictions for him to travel with me. I understand everything you said, but all of this is true for both the K1 and K3? We would take care of everything necessary on the U.S. end of things, but I was just concerned that it wasn't possible for him to travel with me at all for the first two years.

Thanks everyone for your insight!

[Nik+Heather 121]

I am not a K-3 visa expert, but from what little I do know, it sounds like an ideal visa for you - the K-3 is multiple entry, and it is good for 2 (?) years. He can go back and forth with you, and then when you settle back into the US, adjust status.

Alternatively, investigate DCF in Morocco in 2010 if you will qualify for residency (check with the consulate).

Know that none of these options (except maybe DCF) will get you a visa by 2010. Check out the typical times and see if that correlates with your abroad plans.