Is k-1 really the right visa for us?

[nattypruett 0]

I have been going back and forth over what my fiance and I should do for our situation. I want him to come to the United States a year from now, when I graduate college. Then we could get married and he could travel as my spouse while I teach abroad. I don't think our different citizenship will be a huge problem, but if all else fails I could find a job in Turkey (where he is from).

As for him, he just wants to come here as soon as possible AND be able to work (I've provided him with a huge eye-opener as to how difficult it is to get into the US) until I finish my degree. We were looking at the k-1 because it seemed like the safest option (ex; what if we can't leave the US right away?) but also somewhat pointless since he doesn't want a green card. Also, I'm worried once we get deep into the process, our case won't look very good since I'm a just a student. ANY sort of advice is welcome!

[bigdog 376]

Why no green card? He will need one if he comes after the K1 process. I would finish school.

[nattypruett 0]

Why no green card? He will need one if he comes after the K1 process. I would finish school.

I should say he wouldn't MIND a green card I'm sure, but we aren't planning on living in the US immediately. I'm also worried if he did apply we would leave the US during the processing for one: is that okay?

Also, I'm finishing my school regardless of what happens, education first.

Edited December 10, 2011 by nattypruett

[Inky 1,110]

If he wants to come and work he needs a work visa or a green card. Other wise no working.

[NigeriaorBust 4,087]

The issue may be his admissability into other countries even with a green card. As USC we are pretty spoiled by our ability to travel the world freely. Our spouses are still citizens of whatever their home country is and getting married does not get them a free pass the the world. That being said it does seem to make it easier to get the visas needed but still they are not a slam dunk.

[Gary and Alla 3,694]

I have been going back and forth over what my fiance and I should do for our situation. I want him to come to the United States a year from now, when I graduate college. Then we could get married and he could travel as my spouse while I teach abroad. I don't think our different citizenship will be a huge problem, but if all else fails I could find a job in Turkey (where he is from).

As for him, he just wants to come here as soon as possible AND be able to work (I've provided him with a huge eye-opener as to how difficult it is to get into the US) until I finish my degree. We were looking at the k-1 because it seemed like the safest option (ex; what if we can't leave the US right away?) but also somewhat pointless since he doesn't want a green card. Also, I'm worried once we get deep into the process, our case won't look very good since I'm a just a student. ANY sort of advice is welcome!

Until a person is a US citizen they cannot just travel and live abroad with no consequences. Permanent residents MUST reside in the US with very few exceptions and even then must maintain a US residence and not claim to be a resident of any other country. We have had to be very careful aboutour sn who is a student in Russia and permanent resident, to maintain his residency here. Green card, drivers lisence, bank accounts, tax returns, military draft registration, summer jobs, school enrollment as a US resident are all maintained scrupulously and he does not spend more time than needed there as a student.

That said, a visa is not an "investment" it is a means to an end. If the end is NOT to live in the US then a fiancee visa is not a means to it. Just get married and live somehwere else. At any time after marriage you can apply for a CR-1 or IR-1 if you decide to live in the US in the future.

For example, we intend to live a large part of the year outside the US and Alla may even get a job in foreign countries teaching English, but not until AFTER she is a US citizen. We just filed for her citizenship

You will also find that in some teaching situations they will REQUIRE that you are a US citizen (much easier to get you into more countries) and it may be a problem if your spouse is not a US citizen

Edited December 10, 2011 by Gary and Alla

[nattypruett 0]

Thanks all for the advice so far, it has given me more details to work with as I sort out our situation. I-130 seems like a better option for us, if we wanted to go that route eventually. I think I'm going to suggest to him just trying to visit the US in the next year, then I can go to Turkey and visit or try to find a teaching job there. Thanks again!

[JimVaPhuong 4,863]

Thanks all for the advice so far, it has given me more details to work with as I sort out our situation. I-130 seems like a better option for us, if we wanted to go that route eventually. I think I'm going to suggest to him just trying to visit the US in the next year, then I can go to Turkey and visit or try to find a teaching job there. Thanks again!

File the I-130 when he's ready to immigrate and stay in the US. As Gary said, permanent resident status is for residents of the United States. There will be restrictions on how long he will be able to leave the US without losing his permanent resident status. Up to one year without first obtaining a reentry permit, and up to two years if he gets a reentry permit first. However, CBP can presume he's abandoned his residency after as little as a six month trip abroad, or if he's spending the bulk of his time outside the US and just returning occasionally to maintain his status. It's a lot of time and money to go through the immigration process and get a green card. Don't waste either until you and he are ready to settle in the US.