Getting started on the K-1 journey

[Caribbean Pirate 9]

Let me begin by saying that I know that only lawyer can give actual advice but given that many folks seem to have a bit of experience with all of this I would love some thoughts. My fiance and I both live outside the US and are planning to get a K-1 visa and once married, move to the US. So I have few questions that all boil down to wondering if I need a lawyer or if I can read all the fine print, follow directions and get through this process without. Many of the forms assume that I (the US citizen) am in the US- I'm not. I also have a challenge because once the visa is approved and we move to the US, my income will obviously change when I get a new job ( likely for the better). I've done lots of reading about all of it and downloaded the forms I think we'll be asked for and started collecting information. My fiance and I have been living together for a year and can easily prove our relationship, the question is just because our situation does not quite match the template that USCIS had in mind when they set up this intricate process. Also, if we start without a lawyer, can we hire one later if we run into trouble? Can anyone share any thoughts or similar experiences? Thanks in advance- I'm looking forward to starting the process!

[Inky 1,110]

Sorry but you have to marry IN the USA on a K-1 visa.

You wont be able to apply for the K-1, get married then move to the USA.

If you don't want to marry in the USA then you need to marry now and file for a CR-1 visa instead. Then you would move to the USA after that.

[Caribbean Pirate 9]

I understand that we need to marry in the US. The plan is to get married, then return home to give notice at our jobs and then move together after we are married.

[KayDeeCee 4,893]

I understand that we need to marry in the US. The plan is to get married, then return home to give notice at our jobs and then move together after we are married.

The K-1 visa is good for one entry only. Once you enter the US, you must get married in the US within 90 days. The immigrant cannot leave the US until they have filed for AOS and have received AP or their green card.

Why not look into getting married there and filing for a spousal visa with direct consular filing in Germany?

Edited August 9, 2011 by Jay-Kay

[Inky 1,110]

I understand that we need to marry in the US. The plan is to get married, then return home to give notice at our jobs and then move together after we are married.

As Jay Kay said.

You cannot leave the USA after you enter because you have to file AOS. If you do not file and wait for the green card you will have to start all over again filing the CR-1 paying the fees and waiting.

Looks like the K-1 is NOT the visa you want and you want to get married now and file for a CR-1 visa instead.

[Caribbean Pirate 9]

Is it true that if we get married and file for CR-1 that my fiance/husband won't be able to enter the US until the visa is approved? We live in the caribbean and for us it is virtually impossible to go anywhere without flying through the US. It will cause problems for his job if he cannot fly through because of the process. Any ideas on that aspect? I guess I have a bit more reading to do....feeling a bit discouraged. Thanks for your help!

[Inky 1,110]

No its not true. You can travel and go wherever you want during the process.

[Hiker 9]

Assuming Germans can normally get tourist visas and business-related visas to come to the US (that's what I always assumed but what do I know), he'll be able to fly to the US.

[Caroline + Angelo 20]

Is it true that if we get married and file for CR-1 that my fiance/husband won't be able to enter the US until the visa is approved? We live in the caribbean and for us it is virtually impossible to go anywhere without flying through the US. It will cause problems for his job if he cannot fly through because of the process. Any ideas on that aspect? I guess I have a bit more reading to do....feeling a bit discouraged. Thanks for your help!

He should be able to fly through or enter the U.S. on the VWP as long as he can sufficiently prove to the Immigration Officer, if asked, that he has no intention of staying permanently (at least not until he has the visa of course). He should always have binding ties with him when flying to the U.S. during the process and he should be fine.