Want to Get Married but NOT Live in the US

[vic23 0]

I just signed up here at the forum in search for help to marry my fiance of 7 years!

My fiance is from Peru. I am a (born) US Citizen. Neither of us have any criminal records or problem with authorities.

We have been living in Peru for about 7 years and want to live in Peru. Currently I am visiting family in the US for 3 months (until December).

I would like to get married with her in the US or Peru (which is easier?) and have her be able to travel to the US to meet my family.

I have no idea where to start! We don't want to live in the US, but I definitely want her to at least get a visa to meet my family here and get married.

Should I get the K-1 form and will that allow her to come here and get married? How long does this take? Is it easier to have her come here and get married or to get married in Peru and then apply for the visa for her in the US embassy over there?

Sorry for all these silly questions, I've never been married before or had to deal with any immigration laws so I am a newbie!

thanks for all the help!

[john_and_marlene 162]

If she can get a visitor's visa to the U.S., do that. You can travel to the U.S. and marry and spend some time with family and then return to your home in Peru. There's no special visa requirement to get married here.

If she can't get a visitor's visa, marry in Peru. Once you are married and you maintain your job and home in Peru, she will have a much easier time getting a visitor's visa based on your ties there and then you can bring her to visit family.

[vic23 0]

thanks for the tip! We did try the visitors visa and it did not work

we make an ok income but don't have a home under our name, we just rent. And I am self-employed, but hopefully once we get married in Peru they will give her a visa to visit the US.

If she can get a visitor's visa to the U.S., do that. You can travel to the U.S. and marry and spend some time with family and then return to your home in Peru. There's no special visa requirement to get married here.

If she can't get a visitor's visa, marry in Peru. Once you are married and you maintain your job and home in Peru, she will have a much easier time getting a visitor's visa based on your ties there and then you can bring her to visit family.

[rsn 135]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

[thepizzadude 26]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

K1 is not gonna work if you plan on not living in US after marriage, first you have to marry then wait a few months for the ability to travel outside US. Then you can't be out of country for a prolonged period of time using the travel document. Then you have to maintain a residency to remove conditions after AOS in a few years.

[rsn 135]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

K1 is not gonna work if you plan on not living in US after marriage, first you have to marry then wait a few months for the ability to travel outside US. Then you can't be out of country for a prolonged period of time using the travel document. Then you have to maintain a residency to remove conditions after AOS in a few years.

The O.P. doesn't want to live in the U.S. according to the original question. The intent is to allow the OP's fiancee to meet the OPs family in the U.S. and then both will return to Peru to live. In this case, the K1 is the logical choice.

[john_and_marlene 162]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

Actually, it does make it easier if the USC spouse can show legal residence in the foreign country. The ties to return include the USC spouse. The fact that they are married to a USC show that they do not need to circumvent immigration laws by overstaying a visitor's visa.

[rsn 135]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

Actually, it does make it easier if the USC spouse can show legal residence in the foreign country.

Ah yes, perhaps.

[rsn 135]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

Actually, it does make it easier if the USC spouse can show legal residence in the foreign country.

Ah yes, perhaps.

I should add that this is definitely not a sure thing. No telling how the consulate will treat this information. They may not even look at the USC's status since he is not part of the application. Some consulates, such as Thailand, generally require the foreigner prove that they alone can support themselves in the U.S. without the aid of anyone else and do not usually care about anyone else's guarantee that they will return to their country. If Peru is a tough consulate to obtain a tourist visa, then I suspect a K1 is the only option. If the USC and the foreigner get married and find out that the tourist visa route is a dead end, what then?

[john_and_marlene 162]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

Actually, it does make it easier if the USC spouse can show legal residence in the foreign country.

Ah yes, perhaps.

I should add that this is definitely not a sure thing. No telling how the consulate will treat this information. They may not even look at the USC's status since he is not part of the application. Some consulates, such as Thailand, generally require the foreigner prove that they alone can support themselves in the U.S. without the aid of anyone else and do not usually care about anyone else's guarantee that they will return to their country. If Peru is a tough consulate to obtain a tourist visa, then I suspect a K1 is the only option. If the USC and the foreigner get married and find out that the tourist visa route is a dead end, what then?

There have been cases just like this in the past here on VJ were the tourist visa was attainable after the marriage even though previously denied. I recall 2 that were both from South America.

If the USC and the foreigner get married and find out that the tourist visa route is a dead end, what then?

K3

Edited October 6, 2009 by john_and_marlene

[rsn 135]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

Actually, it does make it easier if the USC spouse can show legal residence in the foreign country.

Ah yes, perhaps.

I should add that this is definitely not a sure thing. No telling how the consulate will treat this information. They may not even look at the USC's status since he is not part of the application. Some consulates, such as Thailand, generally require the foreigner prove that they alone can support themselves in the U.S. without the aid of anyone else and do not usually care about anyone else's guarantee that they will return to their country. If Peru is a tough consulate to obtain a tourist visa, then I suspect a K1 is the only option. If the USC and the foreigner get married and find out that the tourist visa route is a dead end, what then?

There have been cases just like this in the past here on VJ were the tourist visa was attainable after the marriage even though previously denied. I recall 2 that were both from South America.

I'm not saying it never happened. The important question is: is this (marriage followed by a successful B2 visa app) a pattern that has been seen at this particular consulate? Each consulate is different. Just because this has been a successful formula at, for example, the London embassy doesn't mean it will work at all in Peru.

[rsn 135]

Ok, you edited your post to mention South America, and I didn't see that when I was replying. Still, what if it doesn't work? What is plan B for the OP since they are already married?

[john_and_marlene 162]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

Actually, it does make it easier if the USC spouse can show legal residence in the foreign country.

Ah yes, perhaps.

I should add that this is definitely not a sure thing. No telling how the consulate will treat this information. They may not even look at the USC's status since he is not part of the application. Some consulates, such as Thailand, generally require the foreigner prove that they alone can support themselves in the U.S. without the aid of anyone else and do not usually care about anyone else's guarantee that they will return to their country. If Peru is a tough consulate to obtain a tourist visa, then I suspect a K1 is the only option. If the USC and the foreigner get married and find out that the tourist visa route is a dead end, what then?

There have been cases just like this in the past here on VJ were the tourist visa was attainable after the marriage even though previously denied. I recall 2 that were both from South America.

I'm not saying it never happened. The important question is: is this (marriage followed by a successful B2 visa app) a pattern that has been seen at this particular consulate? Each consulate is different. Just because this has been a successful formula at, for example, the London embassy doesn't mean it will work at all in Peru.

If the OP had stated that they definitely wanted to get married in the U.S., I would have suggested the K1 if the tourist visa had already been denied, but they said they don't care where the marriage takes place. If the tourist visa is denied after the marriage, just do K3 (not hugely different than the K1) and then just don't follow through with the affidavit of support for the I-130. If they can't get a K3, they wouldn't get a K1 either.

[rsn 135]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

Actually, it does make it easier if the USC spouse can show legal residence in the foreign country.

Ah yes, perhaps.

I should add that this is definitely not a sure thing. No telling how the consulate will treat this information. They may not even look at the USC's status since he is not part of the application. Some consulates, such as Thailand, generally require the foreigner prove that they alone can support themselves in the U.S. without the aid of anyone else and do not usually care about anyone else's guarantee that they will return to their country. If Peru is a tough consulate to obtain a tourist visa, then I suspect a K1 is the only option. If the USC and the foreigner get married and find out that the tourist visa route is a dead end, what then?

There have been cases just like this in the past here on VJ were the tourist visa was attainable after the marriage even though previously denied. I recall 2 that were both from South America.

I'm not saying it never happened. The important question is: is this (marriage followed by a successful B2 visa app) a pattern that has been seen at this particular consulate? Each consulate is different. Just because this has been a successful formula at, for example, the London embassy doesn't mean it will work at all in Peru.

If the OP had stated that they definitely wanted to get married in the U.S., I would have suggested the K1 if the tourist visa had already been denied, but they said they don't care where the marriage takes place. If the tourist visa is denied after the marriage, just do K3 (not hugely different than the K1) and then just don't follow through with the affidavit of support for the I-130. If they can't get a K3, they wouldn't get a K1 either.

Agreed. For some reason, the K3 slipped my mind and I was only thinking of CR1.

[JimVaPhuong 4,863]

There have been cases just like this in the past here on VJ were the tourist visa was attainable after the marriage even though previously denied. I recall 2 that were both from South America.

I remember reading a blog that someone had posted a link to not long ago where a very disgruntled journalist was ranting because his new wife was not permitted entry to the US, even though she had a valid visitor's visa. She was denied entry specifically because she had married a US citizen. I seem to recall his wife was from Argentina, but I could be wrong.

A foreigner married to a US citizen can apply to adjust status once they are in the US. This is certainly what the CBP must have suspected the journalist's spouse was going to do, and why they denied her entry. In that case, the applicant had sufficient evidence of ties to her country before the marriage to successfully get a tourist visa, but it wasn't enough to convince the CBP to allow her in after the marriage.

I would recommend the OP get married in Peru, and then work on BOTH of them establishing strong ties to Peru. This should improve the chances of getting a tourist visa in the future.