can we move out of u.s. immediately after getting married on k-1?

[soko 0]

my girlfriend and i currently live abroad. i'm american, and she's from iran. we want to get married soon and then move to sydney and eventually to the u.s. does anyone know if we can get her a k-1 visa, get married in the united states while we're there and then move to sydney? we would like to have our wedding in the u.s. so that my family and friends could attend (we'd have a seperate one elsewhere for her family). she recently applied for a tourist visa and was declined. so the k-1 would be the only way she could get in for a wedding. but i'm not sure if we would then be allowed to leave the u.s. also, if we get married officially in korea, does anyone know what our chances of then moving to australia would be? she would have a tough time now because of her iranian passport. we would need to go there on a tourist visa and look for work. americans can go for up to three months. any idea if, once we are married, she would be able to come with me on a tourist visa while we look for work? thanks in advance....

[ScottThuy 140]

she will not be able to reenter using the K1 and will need AP to return to the US or another visa.... she really needs to adjust status and even then she should not be out of the US for much more than 5 months at a shot...

[pushbrk 12,883]

my girlfriend and i currently live abroad. i'm american, and she's from iran. we want to get married soon and then move to sydney and eventually to the u.s. does anyone know if we can get her a k-1 visa, get married in the united states while we're there and then move to sydney? we would like to have our wedding in the u.s. so that my family and friends could attend (we'd have a seperate one elsewhere for her family). she recently applied for a tourist visa and was declined. so the k-1 would be the only way she could get in for a wedding. but i'm not sure if we would then be allowed to leave the u.s. also, if we get married officially in korea, does anyone know what our chances of then moving to australia would be? she would have a tough time now because of her iranian passport. we would need to go there on a tourist visa and look for work. americans can go for up to three months. any idea if, once we are married, she would be able to come with me on a tourist visa while we look for work? thanks in advance....

The terms of the K1 visa are that the legal marriage must occur IN the USA within 90 days of entry. Nobody will stop her from leaving but if you're going to be living in Australia instead of the USA, make sure she leaves the USA within the 90 days. If you wish to reside together in the USA later, you can begin a spouse visa process.

If your life plan doesn't require marriage in the USA, there's no need for the K1 visa. Just marry wherever and live in Australia until whenever.

[Deb+Steve 13]

If your girlfriend holds an Iranian passport she will need a visa to enter Australia. She won't qualify for the 90 day ETA. If you enter on the ETA, it works the same the world over. You can't be looking for work unless you already have a valid visa which will allow you to work and that is why you're enquiring about options for your girlfriend?

As for getting married, what pushbrk wrote. Best of luck ...

[belinda63 3,038]

First the K-1 is for your fiance to come to the US, marry here, and live here. She would need to remain in the US for several months to file for AOS, do biometrics, her interview, and received AP. If she just comes, marries, and leaves, then another visa (CR-1) would be required for her to enter the US again. So, if you want to process a K-1, pay all the fees, and wait all the time just so you can marry in the US then leave that is a choice but a rather long and expensive one.

Then for her to enter Australia, since she is still on an Iranian passport, she will have the same visa requirements as if she were not married to you.

To work in Australia one requires the proper visa for you and/or her. Just as, for example, a German, cannot come to the US as a tourist and work, neither can you or her do this in Australia.

[soko 0]

thanks for all the help. i guess it doesn't make sense to get married in the u.s. unless we plan to stay there. i'm wondering if maybe she can reapply for a tourist visa to the u.s. once we're engaged? then we could at least have a ceremony there, but i'm not sure if getting engaged would be enough for them to change their mind and allow her in. as for australia, the plan would be to visit as tourists and then try to secure work and a sponsor while there. but it sounds like she wouldn't be able to qualify for the 90-day visa, which would be a problem because we don't want to be apart for too long. one last question: if we get engaged in june and then want to try to move to the u.s. in december or january, is it better to get married here quickly and then apply for the k3, or apply immediately for the k1? i guess it's easier to get the k1 and might take less time. but given that she's from iran, i expect complications either way...

[john_and_marlene 162]

Nothing requires you to stay in the U.S. after using a K-1 visa to enter. If you want to use the K-1 visa just to come to the U.S. and get married, that is perfectly legitimate. Exit the U.S. again before the 90 days allowed on the I-94 expire so that no overstay is accumulated and apply for a spouse visa if/when you are ready to return to the U.S. to live.

First the K-1 is for your fiance to come to the US, marry here, and live here.

While a K-1 entry qualifies you for adjustment of status, it does not require it. Using a K-1 for a U.S. wedding and then leaving is a legitimate use of the K-1.

[pushbrk 12,883]

Nothing requires you to stay in the U.S. after using a K-1 visa to enter. If you want to use the K-1 visa just to come to the U.S. and get married, that is perfectly legitimate. Exit the U.S. again before the 90 days allowed on the I-94 expire so that no overstay is accumulated and apply for a spouse visa if/when you are ready to return to the U.S. to live.

While a K-1 entry qualifies you for adjustment of status, it does not require it. Using a K-1 for a U.S. wedding and then leaving is a legitimate use of the K-1.

Yes, it is. From reading subsequent posts by the OP though, it may well be they need to seriously consider living in the USA, as his Iranian spouse may well not be able to accompany him to Australia even for a visit without a green card. Even he will need work authorization for Australia which is no "given". He has a lot more complications to work through than just where to get married.

[Fandango 1,439]

This is my speculation, but here goes: Sounds to me like the OP thinks that simply being engaged or just getting married to a USC will immediately positively affect his fiancee's passport. It will not.

I suggest the OP read up on immigration processes in not only America, but wherever their plans take them. Not only for her, but for his status as well, as it seems the OP has a 'I'll just go to this country and work' view on the world, which is incorrect.

Edited April 26, 2010 by Happy Bunny

[JimVaPhuong 4,863]

thanks for all the help. i guess it doesn't make sense to get married in the u.s. unless we plan to stay there. i'm wondering if maybe she can reapply for a tourist visa to the u.s. once we're engaged? then we could at least have a ceremony there, but i'm not sure if getting engaged would be enough for them to change their mind and allow her in. as for australia, the plan would be to visit as tourists and then try to secure work and a sponsor while there. but it sounds like she wouldn't be able to qualify for the 90-day visa, which would be a problem because we don't want to be apart for too long. one last question: if we get engaged in june and then want to try to move to the u.s. in december or january, is it better to get married here quickly and then apply for the k3, or apply immediately for the k1? i guess it's easier to get the k1 and might take less time. but given that she's from iran, i expect complications either way...

If you consider it imperative that you marry in the US, then a K1 may be the only way you're going to get her into the US for the wedding. A tourist visa is going to be even more difficult to get once CBP knows she's engaged to a US citizen. You have to see this from the viewpoint of the US government. Unless there is some inadmissibility you haven't told us about, they denied her a tourist visa because they believe there was a risk she'd try to stay in the US after her visa expired. If they knew she was engaged to a US citizen then they would believe it was a virtual certainty that she would stay in the US, since the spouse of a US citizen may apply for a green card if they are in the US. Using a non-immigrant visa or entry pass to immigrate is illegal, but it's difficult to prove the intent of the alien when they enter the US, so consulates go out of their way to prevent this form of fraud from happening.

Forget the K3. It has no advantages over the CR1, and has many disadvantages. It's also the policy of the National Visa Center to discard the K3 petition if it is approved at the same time as the I-130, and process the case as a CR1. If you decide to marry before coming to the US then apply for a CR1.

Any middle east or Islamic country is going to be difficult, but Iran is especially difficult. Be prepared for the possibility that this process might take a very long time - possibly even years - to complete.

Re. Australia - it sounds like you're trying to tackle multiple immigration problems at the same time. Since both immigration problems are going to offer substantial hurdles you'll need to overcome, it might be better if you focused on one or the other, and take whatever time is needed to get the first one resolved before you begin tackling the second one. Don't try to operate on any firm timetable because neither the US nor the Australian government is going to act according to your schedule.