K-1 "What if" question

[LarryE 0]

I have a general question about what happens after someone is granted their K-1 visa and gets married. I'm mainly asking because my fiance, who is Mexican, and I haven't really decided where we're going to live after we get married--there or here. We just know that we'd really like to get her here to visit and meet my family and everything, even if not to stay permanently, and this seems like the best way. My question is, assuming the k-1 process goes as planned and she comes here and we get married, but we decide NOT to live here and immediately pursue any adjustment of status, will that remain an option for her in the future? 5 or 6 years from now, would it be fairly easy to get started on her case again? Does anyone have any experience with this situation?

[Harpa Timsah 13,258]

The whole point of a K-1 is to marry in the US and then stay. If you don't want to do that, then K-1 isn't the best choice. But, just for your information, when she arrives on the K-1 she will be given 90 days to stay. After that, if she stays, she will be here illegally. If you file for AOS, the AOS grants her a new period of authorized stay and also, when approved, and any illegal days after the 90 days will be forgiven. But, if you don't file AOS, then she will eventually get a ban from reentry. Long story short, if you are not planning to file AOS or even live here, she will need to leave by 90 days to have any chance of coming back in the future. Whenever you want to come back and live here, she will need a spousal visa. AOS won't be an option then. Good luck.

[C-ma'am 684]

The whole point of a K-1 is to marry in the US and then stay. If you don't want to do that, then K-1 isn't the best choice. But, just for your information, when she arrives on the K-1 she will be given 90 days to stay. After that, if she stays, she will be here illegally. If you file for AOS, the AOS grants her a new period of authorized stay and also, when approved, and any illegal days after the 90 days will be forgiven. But, if you don't file AOS, then she will eventually get a ban from reentry. Long story short, if you are not planning to file AOS or even live here, she will need to leave by 90 days to have any chance of coming back in the future. Whenever you want to come back and live here, she will need a spousal visa. AOS won't be an option then. Good luck.

What she said

[LarryE 0]

Wow, thanks for that, Harpa. Knowing that AOS won't be an option in the future, the k-1 really doesn't seem like the best idea. Do you recommend just trying to obtain a tourist visa? I guess what we were trying to avoid is the seemingly random decisions that they sometimes make with granting that permission to Mexicans. I didn't want her to apply and be rejected 2 or 3 times, spending all that money and travel time...etc. But it sounds like that may be the best option, then if we do decide to live in Mexico, and eventually decide to come back here, then I could file for a spousal visa. Make sense? Thanks again.

[Harpa Timsah 13,258]

If your plan is just to marry in the US and live somewhere else, then yes, I would try for a tourist visa. You could get the K-1 if a B2 is denied, but it is expensive and a lot of hassle just for 90 days. Why is marrying in the US important? Mexico is not an option? I think trying for a couple of tourist visas is less expense than the single K-1. I think I'd have a long chat about where you want to settle down Good luck.

[TnJ 131]

Generally, a tourist visa comes with providing ties to the home country. Intending to marry a USC is not one of those ties. Why not marry in Mexico? If you decide at some future point that you both want to live in the US, you will have the option.

[Gary and Alla 3,694]

I have a general question about what happens after someone is granted their K-1 visa and gets married. I'm mainly asking because my fiance, who is Mexican, and I haven't really decided where we're going to live after we get married--there or here. We just know that we'd really like to get her here to visit and meet my family and everything, even if not to stay permanently, and this seems like the best way. My question is, assuming the k-1 process goes as planned and she comes here and we get married, but we decide NOT to live here and immediately pursue any adjustment of status, will that remain an option for her in the future? 5 or 6 years from now, would it be fairly easy to get started on her case again? Does anyone have any experience with this situation?

Yes. Once married to you she will always be the spouse of an American citizen. If you do not file for AOS and move back to Mexico, for example, you could always do an I-130 to bring her back, so to speak. If you were living in Mexico for more than 6 months you could do a DCF which is much faster. Same thing, just avoids the USCIS and NVC and goes directly to the consulate

[LarryE 0]

Well, marrying in the US isn't important. I guess we were just thinking, or assuming, that it may be easier in the future to adjust status if we had already gotten the k-1 and were married here. And also we were thinking, well, if she does come here and absolutely falls in love with being here and the idea of living here, we would have the right visa and so forth....I really appreciate the responses and advice! Todd, so I guess she shouldn't mention in her b-2 interview that her fiance is here? :-)

[Gary and Alla 3,694]

The whole point of a K-1 is to marry in the US and then stay. If you don't want to do that, then K-1 isn't the best choice. But, just for your information, when she arrives on the K-1 she will be given 90 days to stay. After that, if she stays, she will be here illegally. If you file for AOS, the AOS grants her a new period of authorized stay and also, when approved, and any illegal days after the 90 days will be forgiven. But, if you don't file AOS, then she will eventually get a ban from reentry. Long story short, if you are not planning to file AOS or even live here, she will need to leave by 90 days to have any chance of coming back in the future. Whenever you want to come back and live here, she will need a spousal visa. AOS won't be an option then. Good luck.

Almost none of this is correct but sounds very biased and judgemental.

She can arrive on a K-1 get married within 90 days, and STAY AS LONG AS SHE LIKES and she will NOT be illegal. She cannot work and cannot leave and return but she will NOT be illegal. She will be "out of status" and that is NOT the same as illegal. There is NO particular time period in which to file AOS.

She will NOT need to leave within 90 days. Period.

She can come, get married within 90 days, stay as long as she likes...10 years, 20 years, move back to Mexico and at ANY FUTURE DATE her husband can petition her with an I-130, through the US consulate if they have been in Mexico more than 90 days. As long as she arrived legally, and gets married within the 90 days she can stay as long as they like without AOS

Harpa, you do not have to like it, but them's the rules.

Edited September 17, 2012 by Gary and Alla

[QueenE 174]

Why cant you all just do aos and she can leave after if she wants. Since you all only reason is you dont know where you want to settle. If you guys do all that then she's free to travel back and forth.

[Gary and Alla 3,694]

Well, marrying in the US isn't important. I guess we were just thinking, or assuming, that it may be easier in the future to adjust status if we had already gotten the k-1 and were married here. And also we were thinking, well, if she does come here and absolutely falls in love with being here and the idea of living here, we would have the right visa and so forth....I really appreciate the responses and advice! Todd, so I guess she shouldn't mention in her b-2 interview that her fiance is here? :-)

Where you get married means nothing or what visa she uses to enter means nothing. She can enter on a tourist visa and get married, stay for the duration the visa allows, return with you to Mexico and at a future date apply for the I-130 through the consulate. If you are not going to live here, then the K-1 is not your best choice. It is A CHOICE, but not the best one. The best would be a tourist visa if she can get one, get married and go back. Get her immigrant visa at some future date when you want to move here permanently (IF you wantr to move here permanently)

[QueenE 174]

But she would of overstayed... Making it diffcult for them to file again

Almost none of this is correct but sounds very biased and judgemental.

She can arrive on a K-1 get married within 90 days, and STAY AS LONG AS SHE LIKES and she will NOT be illegal. She cannot work and cannot leave and return but she will NOT be illegal. She will be "out of status" and that is NOT the same as illegal. There is NO particular time period in which to file AOS.

She will NOT need to leave within 90 days. Period.

She can come, get married within 90 days, stay as long as she likes...10 years, 20 years, move back to Mexico and at ANY FUTURE DATE her husband can petition her with an I-130, through the US consulate if they have been in Mexico more than 90 days. As long as she arrived legally, and gets married within the 90 days she can stay as long as they like without AOS

Harpa, you do not have to like it, but them's the rules.

[Gary and Alla 3,694]

Why cant you all just do aos and she can leave after if she wants. Since you all only reason is you dont know where you want to settle. If you guys do all that then she's free to travel back and forth.

Because once you do the AOS she is a US permanernt resident and cannot be a resident of another country. She can visit other countries but cannot be a permanent resident there. Having a green card does NOT allow you to live anywhere you want and return to the US whenever you want. For that you need to be a citizen.

But she would of overstayed... Making it diffcult for them to file again

Wrong. There is no overstay of a K-1 IF you get married within 90 days, only if you do NOT get married within 90 days. I am not guessing.

[Gary and Alla 3,694]

Generally, a tourist visa comes with providing ties to the home country. Intending to marry a USC is not one of those ties. Why not marry in Mexico? If you decide at some future point that you both want to live in the US, you will have the option.

Wrong. Hundreds of thousands of people enter the US every year on tourist visas with the intent to get married, either to a US citizen or not, makes no difference. You can say "I intend to marry a US citizen and then we will both return to Mexico to live" No problem! Of course she will have to PROVE that, but it is certainly do-able. I hope you are not imagining that all the people marrying in the colorful mountains of Vermont, the tropics of Hawaii, the Poconos or Smokies or Las Vegas are all US citizens.

[TnJ 131]

Todd, so I guess she shouldn't mention in her b-2 interview that her fiance is here? :-)

I don't think it is a good idea. I know that my fiancee (Filipina) would not be able to get a tourist visa if she mentioned her fiance living here. US tourist visas are already hard to obtain in the Philippines. Any intent of her marrying me while on the tourist visa could possibly lead the consulate to believe she had no intent on coming home when her tourist visa expired. It would appear fraudulent.

Wrong. Hundreds of thousands of people enter the US every year on tourist visas with the intent to get married, either to a US citizen or not, makes no difference. You can say "I intend to marry a US citizen and then we will both return to Mexico to live" No problem! Of course she will have to PROVE that, but it is certainly do-able. I hope you are not imagining that all the people marrying in the colorful mountains of Vermont, the tropics of Hawaii, the Poconos or Smokies or Las Vegas are all US citizens.

Okay. I said providing ties didn't I? I am speaking from my situation and realize this isn't an absolute for everyone. Whether I think it is a good idea or not is all I was mentioning because those ties have to be provided. There is nothing wrong with that.

Edited September 17, 2012 by ToddnJessa