Quick leave after marriage

[Mitch0526 1]

Darnell, how would her getting social security throught the K-1 benefit her? She will never need to pay US taxes or get a salary in the US. What would that do then? I don't have a lot of knowledge of Social Security in the US, so you can enlighten me.

[birdword42 1]

For this kind of situation, your safety net will have to be a tourist visa. Without the intent of permanently residing in the United States, your fiancée is not eligible for a fiancée visa or a spousal visa, as both of these require the intent of permanent residency.

Proceeding with the K-1 now will not benefit you, as your fiancée will not be able to return if she leaves before receiving permission to travel. And even if she waits to receive permission to travel, if she permanently resides outside of the United States, she will not fulfill the requirements for adjusting status to permanent resident of the United States. Even applying for a spousal visa will not help, as she is not planning on permanent residency in the United States in the foreseeable future.

If in the the future you all decide to move permanently to the United States, that would be the time to apply for a form of permanent residency. But with your current situation, a tourist visa is the option available to your fiancée.

[brightskte 18]

Read this, and let it soak in. Getting her a PR card is not going to be beneficial to you. Green cards are not for tourists. This is from the USCIS website.

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns
  

Since she lives in China, and intends to live there permanently with you, she does not need and would be abandoning her green card if she were to ever get one. Of course, you could get one and if they find out that you lied about intending to move to the US permanently in order to obtain that green card she could be banned. For life. You have to maintain a residence in the United States, and that's what you're not understanding. There is no way around this. Green card is NOT the answer for you.

[Penguin_ie 5,994]

What you don't seem to understand is that both the K1 and the CR-1 are single entry visas. You go to the USA with them and poof- they are gone. IN the case of the K1, you then marry, adjust status and become a permanent resident. In the case of CR-1, you are a permanent resident simply by entering the USA. The reason it says the CR-1/ IR-1 allows travel is because it does: you can travel abroad for business or tourism. You CANNOT live abroad, which is what you want to do.

[Penny Lane 8,159]

What is the purpose of getting a green card for someone who does not plan on living in the United States?

[Mitch0526 1]

We have decided to officially not get the GC or PR. That's no longer an option. We can't do it that way anyway. The longest we plan on staying this summer is 4 weeks. Now our debate is whether or not to continue with the K-1. We are soon going to get invited to the interview.

If we quit now, won't there be consequences for that? Won't that go on our records and look bad for any future visa applications? What if we went to the interview and were just completely honest with what we intend on doing? Would they right away deny us or could they make the process easier for us to get a tourist visa for August of this year.

I have only heard one person on here tell me that we should continue with the K-1 so that she can get Social Security. The only problem I am having with that is it seems like we are deceiving them by showing them we intend to stay permanently when we in fact do not. I'm also not sure if that option is even lawful now.

In the end, we just want to get her to America in August to meet my family and friends before we have our big wedding in China. Whatever is the best way at this point while we are still in the K-1 process.

[Inky 1,110]

Yes there is consequence for quitting but there is also for continuing anyways. The whole thing is muddied up.

By starting this you showed immigration intent. Now whenever she trys to get a visitor visa they will see that she intended to immigrate to the USA. Its going to cause problems whenever she trys for visitor visas.

[Mitch0526 1]

Then would it be better to just go to the interview and just tell them I was an idiot and didn't read carefully, and we would like a tourist visa instead?

[Darnell 8,478]

I wrote nothing of 'social security' - I wrote of getting a 'social security card'. She cannot participate in most stuff in USA without a SSN, I not speak of her obtaining anything pertaining to SS at all.

Having a SSN, otoh, makes it easy to get things in USA, such as a bank account, and filing taxes jointly to the USA. Sure, you haven't looked at this things, and that's ok - but I strongly suggest you stick on K-1 path, come into USA and marry, NOT adjust status, NOT chase after green card, get the SSN, get joint bank accounts, set up power of attorney documents, and travel back to China.

I have only heard one person on here tell me that we should continue with the K-1 so that she can get Social Security. The only problem I am having with that is it seems like we are deceiving them by showing them we intend to stay permanently when we in fact do not. I'm also not sure if that option is even lawful now.

[gene&magnolia 3]

I think what you need is more of a five years b1/b2 visa. Of course you only get one year the first time. And you can renew later. I suggest you guys apply a b1/b2 visa again. And not enter in with your k1 visa. And have your official marriage license registered in China. Have your wedding in the US? Giving up an immigration visa is a very bad record for future visa applications.

[gene&magnolia 3]

I guess the best option for you guys would be answer questions at the interview. Good luck on your visa. If you get it, make sure you guys will get married with 90 days after POE. Next time apply a visiting visa, make sure you tell them because of your work, you guys have to stay in China.

[Darnell 8,478]

Then would it be better to just go to the interview and just tell them I was an idiot and didn't read carefully, and we would like a tourist visa instead?

Nope, not at all.

BEST FOR YOU to prepare an I-134, but - note since your future income is coming from some chinese company,

prep a 2nd I-134 from your parent, utilize a parent as a co-sponser.

They won't be on the hook for anything, as the I-134 is not legally binding (whilst the I-864 is, but yer not filing that anywhere nowish)

[Mitch0526 1]

Darnell, not only is a Chinese university my future employer, but they are my current employer too. I've been working for them for 8 months and will continue during the coming years.

Does that make any difference to you in the advice you gave me? Why would my parents be helpful as a co-sponsor?

[Lynkali 163]

The I-134 that you have to file at the interview asks you to prove your income that will support your future spouse ONCE YOU LIVE IN THE USA. You are not going to be able to prove income in the USA, since your income comes from China and will stop once you move to the USA. (This is why I don't think you can pass the interview -- it's going to be very clear to them that you are NOT moving to the USA at all!)

Therefore you will not qualify as the sponsor. You therefore need a co-sponsor who has USA income sufficient to support your fiance in the USA -- usually a parent, but any US citizen or legal resident will do.

I don't see how you can go through with the K-1 when it's very clear that you won't be moving to the USA. It verges on fraud -- I'm not saying you're guilty, just that you made an innocent misunderstanding, but it doesn't seem possible to get the final approval given your situation. But who knows, stranger things have happened and I definitely wish you the best of luck, whatever you decide to do!

[Mitch0526 1]

Thank you Lynkali! That helps. It definitely does seem like I am deceiving them and could be charged with a fraud. I'm just very weary of going the K-1 path now for this reason. I don't want to commit any crimes or deceive anyone, even if I don't get caught. This is the main reason for now considering the tourist visa. I don't want to deceive the government in anyway.

I'm still open to the K-1, but I want to do it in the best and most honest way.

Edited May 1, 2013 by Mitch0526