Marry with K1 Visa.. Apply for AOS on tourist visa?

[TheanneAndRicardo 1]

Hi All,

My fiance (chilean) and I (US citizen) want to apply for a K1 visa. However, after we get married here in the US, he will have to leave the country for work reasons. Currently he has a tourist visa. 1) Will his tourist visa be nullified by him applying for the K1 visa (and hopefully receiving it?) and 2) If not, will he be able to re-enter the US on his tourist visa and then apply for the adjustment of status? Finally, should we just wait to apply for the fiance visa until he will be able to live here permanently? The thing is we just want to get married. We've been together 5+ years and would prefer not to wait any longer, but at the same time we want to go about this in a legitimate way, as to not have trouble in the future. Any advice is warmly welcomed! Thank you!!

Theanne

PS The VJ community is the best! Have gotten such great advice here and I'm so glad I've found this site!

[Boiler 45,486]

You can get married on the K1, but if he leaves before receiving AP then it will a waste and you will need to go through the CR1 route.

Why not just marry and apply for the CR1?

[JimVaPhuong 4,863]

Hi All,

My fiance (chilean) and I (US citizen) want to apply for a K1 visa. However, after we get married here in the US, he will have to leave the country for work reasons. Currently he has a tourist visa. 1) Will his tourist visa be nullified by him applying for the K1 visa (and hopefully receiving it?) and 2) If not, will he be able to re-enter the US on his tourist visa and then apply for the adjustment of status? Finally, should we just wait to apply for the fiance visa until he will be able to live here permanently? The thing is we just want to get married. We've been together 5+ years and would prefer not to wait any longer, but at the same time we want to go about this in a legitimate way, as to not have trouble in the future. Any advice is warmly welcomed! Thank you!!

Theanne

PS The VJ community is the best! Have gotten such great advice here and I'm so glad I've found this site!

Green cards are for people who intend to reside in the US. Someone who isn't ready to reside in the US doesn't need a green card. It sounds like you should think about this when he's ready to immigrate to the US. He doesn't need either a visa or a green card to marry you.

[hikergirl 277]

I would think the best route for you would be for him to enter on his Tourist Visa, marry you and leave the country for his work. You would apply for the CR-1 Visa (which is cheaper than K-1) either while he's still there or after he leaves and he will interview in his home country.

If he enters on a K-1 he is required to stay until after you file his AoS and he receives his AP (advance parole) or it becomes null and void.

There is a chance of him visiting you while the process is in the works if he can show ties to his country. For example lease, job, etc.

Here is the link to the comparison between the Visas for you guys to decide what's best for you: http://www.visajourney.com/content/compare

Best wishes!

[Inky 1,110]

Hi All,

My fiance (chilean) and I (US citizen) want to apply for a K1 visa. However, after we get married here in the US, he will have to leave the country for work reasons. Currently he has a tourist visa. 1) Will his tourist visa be nullified by him applying for the K1 visa (and hopefully receiving it?) and 2) If not, will he be able to re-enter the US on his tourist visa and then apply for the adjustment of status? Finally, should we just wait to apply for the fiance visa until he will be able to live here permanently? The thing is we just want to get married. We've been together 5+ years and would prefer not to wait any longer, but at the same time we want to go about this in a legitimate way, as to not have trouble in the future. Any advice is warmly welcomed! Thank you!!

Theanne

PS The VJ community is the best! Have gotten such great advice here and I'm so glad I've found this site!

You cannot use a tourist visa to re-enter the USA and apply for AOS. That is visa fraud.

[TheanneAndRicardo 1]

Thank you all. I didn't think it would work but wasn't sure. Thanks again for such speedy replies!

[TheanneAndRicardo 1]

You can get married on the K1, but if he leaves before receiving AP then it will a waste and you will need to go through the CR1 route.

Why not just marry and apply for the CR1?

Exactly what is the different between a CR1 and a K3 visa (if any)?

[MalaysianGirl 26]

Exactly what is the different between a CR1 and a K3 visa (if any)?

I am not sure about the difference, but I do know that the K3 visa is basically dead right now; the CR1 or IR1 visa is the one to apply for.

[TheanneAndRicardo 1]

I am not sure about the difference, but I do know that the K3 visa is basically dead right now; the CR1 or IR1 visa is the one to apply for.

ok thanks! so both the CR1 and IR1 are spousal visas yes? What is the difference between the two? pardon my ignorance and thanks for your help!

[MalaysianGirl 26]

ok thanks! so both the CR1 and IR1 are spousal visas yes? What is the difference between the two? pardon my ignorance and thanks for your help!

Yes, both are spousal visas. As to the differences between the two, click here: http://www.visajourney.com/forums/topic/69148-what-is-the-difference-between-cr1-and-ir1/

All the best!

[TheanneAndRicardo 1]

Yes, both are spousal visas. As to the differences between the two, click here: http://www.visajourney.com/forums/topic/69148-what-is-the-difference-between-cr1-and-ir1/

All the best!

thanks!!!

[dalabera 0]

You cannot use a tourist visa to re-enter the USA and apply for AOS. That is visa fraud.

This is the first time hear this! (Basura lo que dice este tipo). I know that people come to the states, marry an us citizen and then apply for AOS.

One thing for sure if you apply for AOS, your husband should stay here until he gets his papers, to avoid any inconveniences, as the visa may get voided.

Edited November 7, 2011 by dalabera

[MalaysianGirl 26]

This is the first time hear this! (Basura lo que dice este tipo). I know that people come to the states, marry an us citizen and then apply for AOS.

One thing for sure if you apply for AOS, your husband should stay here until he gets his papers, to avoid any inconveniences, as the visa may get voided.

Just because it happens doesn't mean it is legal... That is why inky said it is visa fraud if a person with a B1/B2 visa enters the US with the intention to marry a US citizen and apply for AOS.

[bigdog 376]

Be careful do it right, have fun.

[Girl from Celebes 588]

This is the first time hear this! (Basura lo que dice este tipo). I know that people come to the states, marry an us citizen and then apply for AOS.

One thing for sure if you apply for AOS, your husband should stay here until he gets his papers, to avoid any inconveniences, as the visa may get voided.

I think that's the reason why The CO at the toughest when I was applied B2 visa for visiting my then-boyfriend (my now-fiance). The CO afraid I would go to US by B2 visa, married, and apply Adjustment of Status (AOS) - another reason why it does made me mad because she did not even looked at a bunch of documents I brought to-. When there is a certain legal way to to marry, some people just use shortcut to getting there without any concerned that it's probably illegal.

Edited November 7, 2011 by Girl from Celebes