enter with K1 visa, marry and return without applying for AOS

[waltee 7]

Hello All,

This forum looks great for people like me with a extra ordinary situation..

My girl friend is in Chicago and we have been dating for the last 3 years.. finally we decided to get married.. and have been thinking of applying for a K1 Visa.

I'm an Indian and I met her in India while she was on a exchange program. At present I am studying in Rome, Italy.

We want to apply for a K1 visa, enter US, have the wedding but we don't plan to apply for the AOS right away because I am on a scholarship in Italy and have to return back within a month to continue with my studies.

So, We have planned that I would enter with K1 visa and return soon after the marriage within 90 days. Once my PhD is coming towards the end that's in Nov 2014. I would apply for the spouse K3 visa.

We were forced to take this route because our parents were restricting our meetings without being married.

I would like to know what you guys have to say. Will I have a problem while leaving US or while applying for the K3 visa later.

Your thoughts and advice will help us make a good decision.

Thanks,

Walter

[Hypnos 6,576]

K-3 visas are rarely issued anymore due to the shorter amount of time that processing takes for IR-1 / CR-1 immigrant visas. Any K-3 application you make will likely be administratively closed and you will instead proceed on the CR-1 path.

It looks like you have a couple of choices:

- You can marry (either in the US or a foreign country) and then file for a CR-1 immigrant visa (this visa automatically grants you a green card upon entry to the US and takes approximately 8 - 10 months to process).

- You could file for a K-1, enter the US, marry, file for AoS and then once your AP is approved leave the US until your AoS interview, if you have one, and then return to the US permanently once your Ph.D is finished. You would need to allow ~3 months between filing for AoS and receiving Advance Parole, which would let you leave the US without abandoning your AoS application.

Bear in mind that both K-1 and CR-1 visas usually have an expiry date of six months from the time of issue (and sometimes shorter).

Edited December 1, 2012 by Hypnos

[Darnell 8,478]

i think it suits your situation, albeit you have a weird situation.

No worries for her LEAVING the USA after marriage when coming into the USA on a K-1 visa.

Will she be living in Rome with you, after the marriage? If so, consider (instead of the K-3) to apply about 3 months before your leave date,

for a Direct-Consular-Filed (DCF'd) CR-1 Visa, filing the I-130 into Naples, Italy (instead of USCIS in the USA).

Turn around time is about 3 months, and this only works if SHE is living with you, in Italy.

Edited December 1, 2012 by Darnell

[Penguin_ie 5,994]

You won't have a problem leaving. They will likely ask about the failed K1 when you apply for a spousal visa later (likely the IR-1, which gives an automatic ten year greencard, not the K3, but things can change between now and then), but it is not denial by itself. What will be a red flag is you getting married (on a K1, which is supposed to be for immigration), and then not only leaving, but not living together for two years, and then trying for a spousal visa.

My suggestion would be to either try for a tourist visa and get married on that (perfectly legal as long as you don't intend to stay, which you do not), or get married in another country.

[LIFE'SJOURNEY 970]

Have you even tried for a vistor visa, why all of this rounadout way. Try for a B2, visit get married, then leave and when you are ready to settle back in the US, than apply for a spousal visa CR1.

[waltee 7]

thanks for the reply guys..

But I read many websites that said that it is not legal to get married on any other visa than a K1 visa.. are u sure? because if thats a case I will get a B1/B2 visa and enter US and get married..

~Walter

[LIFE'SJOURNEY 970]

You can enter the US on a visitor visa get married, but you must leave. It is illegal to enter on a vistor visa to marry with the intent to stay.

Edited December 1, 2012 by LIFE'SJOURNEY

[Penguin_ie 5,994]

You can enter the US on a visitor visa get married, but you must leave. It is illegal to enter on a vistor visa to marry with the intent to stay.

The marrying isn;t the problem, the staying is.

[waltee 7]

Hi,

I was going through the forum and i saw this time line as bellow..

My question is how can one apply for CR-1 without getting married.. they say they switched course from K1 to CR-1 before they got married is that possible?

Thanks

September 2007: Met online via social networking site (MySpace); began exchanging messages.

March 26, 2009: We become a couple!

September 10, 2009: Arrived for first meeting in-person!

June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!

June 21, 2010: Engaged!!!

September 1, 2010: Switched course from K1 to CR-1

December 8, 2010: Wedding date set; it will be on February 18, 2011!

February 9, 2011: Depart for China

February 11, 2011: Registered for marriage in Wuhan, officially married!!!

February 18, 2011: Wedding ceremony in Shiyan!!!

April 22, 2011: Mailed I-130 to Chicago

April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)

April 29, 2011: Updated

May 3, 2011: Received NOA1 hardcopy in mail

July 26, 2011: Received NOA2 via text/email!!!

July 30, 2011: Received NOA2 hardcopy in mail

August 8, 2011: NVC received file

September 1, 2011: NVC case number assigned

September 2, 2011: AOS invoice received, OPTIN email for EP sent

September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)

September 8, 2011: OPTIN email accepted, GZO number assigned

September 10, 2011: Emailed AOS package

September 12, 2011: IV bill invoiced

September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)

September 14, 2011: Emailed IV package

October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)

October 6, 2011: Case complete at NVC

November 10, 2011: Interview - APPROVED!!!

December 7, 2011: POE - Sea-Tac Airport

[Penguin_ie 5,994]

They didn't-

February 18, 2011: Wedding ceremony in Shiyan!!!

April 22, 2011: Mailed I-130 to Chicago

Ie they petitioned for the CR-1 over 2 months after getting married.

[Darnell 8,478]

switching course is a personal decision, and they did it without worrying about the paperwork or instantaneous marriage.

if you study....

February 11, 2011: Registered for marriage in Wuhan, officially married!!!

February 18, 2011: Wedding ceremony in Shiyan!!!

April 22, 2011: Mailed I-130 to Chicago

Then you can get some idea..