Quick leave after marriage

[brightskte 18]

The only way the K-1 would benefit you is in the way that Darnell has suggested--for a Social Security number. But since you don't ever plan on living in the United States with your wife, she has absolutely no need for one. All of your assets are in China, and I assume you also bank with a Chinese bank as well. So again, she has no need for it.

So basically, unless she has some need for a Social Security Number, forget the K-1 path completely, as it wont get you what you want/need. Neither will a CR-1/IR-1. Pursue the tourist visa like you had planned, but it would probably be best for you to send a letter to wherever your K-1 packet is currently and tell them that you need to withdraw your application because your life plans have changed, and you now have no intent on moving with her to the United States. Sure, it still might come up at a tourist visa interview, but if you answer honestly that you don't want to live in the United States because you enjoy your life and work in China, it shouldn't be THAT big of a deal. Honesty is always the best policy when it comes to immigration. Doing absolutely anything else can come back to bite you big time.

[Mitch0526 1]

Here's the situation:

We desire to go to the States together near the end of July. If I could guess, I would say we will get the K-1 visa interview late May sometime. Would it be better to withdraw our name and go ahead and begin the tourist visa process or tell them at the interview and see what they say to do?

I heard it's considered a poor idea to quit in the middle of the process when you have plans to try for future visas.

Would it help the tourist visa process at all if we went to the K-1 interview and discussed it with them. Could it speed it up or increase our chances or anything?

With the SS, after another year I will probably have almost all of my money in Chinese banks. I will just keep a small amount of money in my US banks.

Edited May 1, 2013 by Mitch0526

[brightskte 18]

No, it will not help you to get a tourist visa. Those are completely different departments. Basically, they'll deny you, you'll lose your interview fee and they'll tell you that you wasted their time by applying for a K-1 when you needed a tourist visa.

People quit their K-1 visas in the middle of the process all the time. Some of them even petition for different people later on. It WILL be asked about in future visa interviews, but as long as you are honest it wont hurt you as bad as you think. That's why I suggested writing a letter to formally withdraw that way it is documented that you withdrew along with your reason why. Regardless of which path you pursue you're going to have a rough time from here on out because you made the mistake of applying for the K-1 when you shouldn't have. Even if you went to the interview and were brutally honest with them that you really want a tourist visa and not the K-1, they're going to flag you in the system and it's going to come up at later visa interviews. Same thing for the CR-1, and for the tourist visa as well.

I also think that if you follow Darnell's advice, you could be in for problems. Not because you obtained an SSN for her, but because if you come on a K-1 and then leave you are still showing immigration intent by using the K-1 in the first place. Getting a tourist visa after that might be harder, I would think. I could be wrong though, I wont claim to know everything about the system and how it works.

[Mitch0526 1]

You're perspective is a lot of help! Thank you so much! Sounds like a good plan considering my situation.

If anyone else has a different opinion or perspective on the issue, I welcome you to share!

[Darnell 8,478]

The only way the K-1 would benefit you is in the way that Darnell has suggested--for a Social Security number. But since you don't ever plan on living in the United States with your wife, she has absolutely no need for one. All of your assets are in China, and I assume you also bank with a Chinese bank as well. So again, she has no need for it.

Ah - but you are missing the main benefit of the K-1 -

and that is for her to come into the USA for a 90 day period - which matches Mitch's plans of getting married in the USA so that his family and friends can witness the wedding.

IMO, that's a big fricking deal. So what if he can't qualify for the I-134, he can get a joint-sponser through a parent or relative, and the I-134 isn't legally binding to that joint-sponser.

[Darnell 8,478]

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?

What I've written about the joint sponser actually applies in your particular situation. You have no sustainable income in the USA, and must obtain a joint sponser to have a successful K-1 interview at the IV Unit in Guangzhou. You won't qualify by yourself.

as to 'why your parents' - it doesn't have to be your parents - it could be anyone in the USA, a LPR or USCitizen, that you know, that meets the requirements for sponsership.

You'd fill out the I-134, a joint sponser would fill out a 2nd I-134 - both are submitted to the IV Unit on/around interview day.

Edited May 1, 2013 by Darnell

[brightskte 18]

Ah - but you are missing the main benefit of the K-1 -

and that is for her to come into the USA for a 90 day period - which matches Mitch's plans of getting married in the USA so that his family and friends can witness the wedding.

IMO, that's a big fricking deal. So what if he can't qualify for the I-134, he can get a joint-sponser through a parent or relative, and the I-134 isn't legally binding to that joint-sponser.

But he also wants to come back with her once every year or so. Coming here on the K-1 just to let the family see them get married might work out all fine and dandy, but when they try and get a tourist visa in a year or so after already having shown immigration intent is where the problem lies. Your solution is okay for a right now kind of thing, but it's going to bite him in the ### in the future if that would be something he decided to pursue. Maybe if it was a one and done visit, which this is clearly not.

[gene&magnolia 3]

Here is what I think Mitch. K1 visa has an over all about 97% approval rate for people to get married in the US with in 90 days. She will be eligible to apply adjust her status. But what if you we're in the US military, you got deployed overseas. You wife follows you right? What if you have a better job opportunities oversea? You will go right?

As a tourist visa, you will geta much less approval rate since you have to prove your intention. And you never see a tourist visa suggest you to get married in the US, have you?

One last thing, what if she comes to the US, and she like it here? She desides to stay. Don't leave your back door closed.

Your intention to apply a K1 visa was to bring her to the US so you can get married in 90 days, isn't it?

I feel like you are over thinking your problem.

As to me, I don't see you have a problem in this visa application at all.

You deside to come her and get married because not all your family can join your wedding in China, but you want them to witness the wedding, so the wedding has to be in the US for them, and for both of you. But because of your current employment situation, you have to go back to China for your job. ( seems you care about the job a lot since you mentioned you can not leave too long. )

As your future, leave it for the future you to decide, how about that?

[Mitch0526 1]

This might sound crazy, but we are actually not going to do a wedding in the States at all anymore. There are some cultural reasons for her not wanting to do this. Chinese people are usually really BIG on family, and she doesn't want to have our first wedding without her close friends and family there and just be with a bunch of people she doesn't know.

Now, our main purpose is to strictly meet my friends and family before we start our lives together as a married couple in China. We want her to meet and see my life in America before we get married in China. In the end, we could still get married on a tourist visa and come right back here, right? That wouldn't make a difference, right? We aren't planning on doing that, but I'm just saying...

There is 0% chance we will stay in America unless something crazy happens. I have a job here at a university where I signed the contract. We have had hours of conversations with her mom about how we are never going to live in America unless we are forced to from an outsider. We have committed and promised her we will do our very best to stay here forever. We are 100% committed to that effort. It doesn't matter how much she likes it there.

What's the point of the co-sponsor if it's not to prove that I have the capability of supporting myself or being supported to live in the States.

Also Darnell, is this being deceptive or a possibility of fraud? I'm willing to consider doing this if it's being completely honest and it won't hurt our future.

[Jacque67 7,328]

unless your future wife were to stay in the US for at least 3 months after the wedding there is no way she will qualify for a SSN # etc.

cancel the K1 application asap and apply for a B2 visa once the cancellation is acknowledged. It's legal to get married on the B2 visa.

the K1 visa expires you enter the States- it has no benefit for someone in your situation.

[Darnell 8,478]

etc, I agree.

SSN, I disagree - is dead easy, 10 to 20 days past POE date - see http://www.visajourney.com/forums/topic/405546-ssn-howto/

[Mitch0526 1]

Looks like the majority opinion is for me dropping out of the K-1 and going with the B-1...

"What's the point of the co-sponsor if it's not to prove that I have the capability of supporting myself or being supported to live in the States?

Also Darnell, is this being deceptive or a possibility of fraud? I'm willing to consider doing this if it's being completely honest and it won't hurt our future."

[Jacque67 7,328]

Looks like the majority opinion is for me dropping out of the K-1 and going with the B-1...

"What's the point of the co-sponsor if it's not to prove that I have the capability of supporting myself or being supported to live in the States?

Also Darnell, is this being deceptive or a possibility of fraud? I'm willing to consider doing this if it's being completely honest and it won't hurt our future."

Don't bother- she won't be able work unless she gets a green card, and once she a SSN it will make easier for the dark forces to track her.

Make sure you file with the IRS- it is your duty to do this as a USC no matter where you live in the world.

You will need tax returns in the future if you decide to re-locate to the States in the future.

[Mitch0526 1]

Am I not already filed with the IRS?

[Mitch0526 1]

After doing more research on the K-1 Visa, I don't see anything that says we cannot immediately leave after getting the marriage certificate. Everyone's intention almost always is to get married and stay, but I haven't signed anything that says we intend to stay.

If there is anything anyone has read or an experience someone has had that would give reason to believe that we are doing something illegal or have a higher chance of getting denied for this over the tourist visa, please let me know.

It seems like a good idea to go for the SSN for my fiance if we can enter through the K-1 Visa. We have already been this far and spent a lot of time and money.