Should i take a risk ?

[Darnell 8,479]

the K-1 Visa is a one-time visa entry with the purpose of getting MARRIED only. You cannot go for the purpose of medical reasons and leave the country again. It will still be breaking the conditions of your visa.

eh - not so much.

Folk THINK that's 'it', but it really isn't .

The INTENT is there on interview day, but...

In essence, she can come on in, and IF SHE LEAVES before the 90 day window on the I-94, she's OK !

IMO, she'll have issues when she tries to leave the USA with a USCitizen child, not holding written permission from the father for 'single transit' ..

FWIW, there is surgereons handling this condition in Singapore,

and the cost of the surgery is 1/3 less, there,

with post-op care being 1/2 less, there.

(All without insurance)

Edited September 6, 2012 by Darnell

[james&olya 1,121]

No, you can't.

As you have been told many times, the K1 visa can only be used for marriage.

Is this surgery not available in the UAE?

Wrong there! The K1 visa does NOT require a marriage to occur. While it would be fraud to APPLY for one when there was no intent to pursue the relationship, once that visa exists the only requirement is that if you use it and do not marry you must leave within 90 days.

[VanessaTony 3,567]

Wrong there! The K1 visa does NOT require a marriage to occur. While it would be fraud to APPLY for one when there was no intent to pursue the relationship, once that visa exists the only requirement is that if you use it and do not marry you must leave within 90 days.

Re the bolded portion... not quite. The K1 visa allows AOS only to the original K1 petitioner, and in order to AOS based off the K1 (rather than an i-130) the K1 entrant must marry in the 90 days.

This does not mean if they don't marry in the 90 day the K1 must leave, they are out of status of course, but as long as they marry the K1 petitioner they are still able to AOS. If a marriage to the petitioner will never occur, then they must leave.

Edited September 8, 2012 by Vanessa&Tony

[Peter_Pan 661]

If I were you, I would use the K1 fr my son's surgery, make sure, though, that he is traveling on an UAE passport (or smth, so that there might not be an issue when you leave the US).

Edited September 8, 2012 by Peter_Pan

[aaron2020 11,651]

If I were you, I would use the K1 fr my son's surgery, make sure, though, that he is traveling on an UAE passport (or smth, so that there might not be an issue when you leave the US).

Since the OP stated she has a K-1 visa, the petitioner must be a US citizen. Most likely, the child derived US citizenship from his father. This means the US citizen child MUST USE a US passport to enter and leave the US. It would illegal for the child to use a UAE passport to enter and leave the US.

As a previous poster has noted, the problem is not coming to the US. The BIG PROBLEM is the child leaving the US. A foreign parent taking a US citizen child out of the US without the permission of the US citizen parent is not going to look good. With concerns about parental international kidnapping, the child may not be allowed to leave the US without the US citizen father's permission.

Coming to the US could end up very badly for the OP and her son.

Edited September 10, 2012 by aaron2020