Fiance Spouse Living Abroad (merged)

[tony95 0]

I have a Romanian fiance and we are planning to start the K-1 visa process but she does not plan to live in the United States. She has a son in Romania and since her ex-husband has joint custody she will be spending 2/3 of her time in Romania. If we get married and then immediatey file for a K-3 visa but never file for an AOS, what will happen in 2 years when the K-3 expires? I read that a renewal of the K-3 will be declined if an AOS is not filed, but we can't file a AOS until we can bring her son to the USA, because we will not be in the USA enough to obtain permanent status. At that point we will have been married more than two years. If not a K-3 visa then what visa would she be able to get at that point if we are still living abroad?

[Hollyday 122]

Why do you want to start the K-1 process if she doesn't plan to live in the US? And why get a visa and let it expire? I'd say just get married and then eventually when you decide she and her son would like to move to the US file for IR-1/CR-1. Expectation from K-1 holder is that they file for adjustment of status after marriage. In a thread i read here the other day someone said that you can get married in the US on the tourist visa if you don't intend to stay there after this. Maybe you want to investigate in this direction?

[tony95 0]

I am filing a K1 visa for my Romanian fiance and we will be married in the USA next year. I read the K3 visa is obsolete? She does not plan to immigrate to the USA, we will probably live abroad. How will she visit if there is no K3 visa?

[tony95 0]

Why do you want to start the K-1 process if she doesn't plan to live in the US? And why get a visa and let it expire? I'd say just get married and then eventually when you decide she and her son would like to move to the US file for IR-1/CR-1. Expectation from K-1 holder is that they file for adjustment of status after marriage. In a thread i read here the other day someone said that you can get married in the US on the tourist visa if you don't intend to stay there after this. Maybe you want to investigate in this direction?

She is from Romania, she will never get approved for a tourist visa. Maybe we should file for a green card and have her in the US as much as possible. It is not as if she does not want permanent status, we just think we will fall short of the requirements because we will be spending too much time in Romania.

[tony95 0]

I am filing a K1 visa for my Romanian fiance and we will be married in the USA next year. I read the K3 visa is obsolete? She does not plan to immigrate to the USA, we will probably live abroad. How will she visit if there is no K3 visa?

Maybe we should file for a green card and have her in the US as much as possible? It is not as if she does not want permanent status, we just think we will fall short of the requirements because we will be spending too much time in Romania. Does anyone see a problem later if we file for a permanent residency before the K3 expires, maybe in a year? She will need to leave the country though, I do not know how to coordinate that with the AOS interview and what is she going to say in the interview, I want permanent residency but need to spend most of my time in Romania with my son?

[Pitaya 2,577]

~~Please do not post same topic in multiple forums.~~

http://www.visajourney.com/forums/topic/441550-non-immigrant-visa-for-spouse-k3/

[Penguin_ie 5,994]

*** two topics merged and mvoed to the General Immigration forum. Please only start one topic per issue/ question ****

The K3 is indeed obsolete, and would not work for your purposes- both the K3 and the now almost always used CR-1 are for spouses of US citizens immigrating to the USA. The K1 is, too- you are supposed to marry and adjust status to get a greencard in the USA, then LIVE in the USA; she could travel abroad of course, but is supposed to spend the majority of her time inside the USA.

If you do not intend to live in the US/ don;t intend to live here for the next couple of years, your best bet is to try for a tourist visa for her.

[domwardbound 73]

Honestly I'm confused by your story, but I'll give this a shot.

If you're applying for a K1 (finance), you're not applying for a K3 (spouse non-immigrant visa, which is obsolete, by the way). And you're asking this in the IR1/CR1 spouse immigrant visa forum, which is not related to your situation in any way currently, as far as I can tell.

I don't understand why you're going through the time/cost/hassle of filing a fiance visa (K1) if you're not planning on adjusting status after the wedding - that's the point. Otherwise, she could come on a tourist visa to get married and then leave, or you could get married in her country and you could stay there with her. Then, if you're there as a legal resident for at least 6 months, you can file for a spouse visa (IR1/CR1) from abroad when you're ready to move back to the US with her.

If your fiance enters the US on a K1, she cannot leave until you are married, have filed the AOS and advance parole documents, and receive authorization to travel (this will be more than a few months, at least). She won't be able to leave the US right away, and if she does leave without AP approval, she will not be able to re-enter without a new visa. She'll also need to be present to have her fingerprints taken, and to complete the final interview.

With regards to leaving the US, in order to maintain permanent residence (for green card holders, and I'm not sure if the same applies for those waiting for their adjustment of status to be approved):

• 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

Sounds to me like any kind of spouse/finance/green card visa is not what you need right now.

If you and her need to be over there for your child, it'd likely be easiest for you to get married there (or possibly here on a tourist visa and then return there, but if she doesn't have a tourist visa already, there's no guarantee she'll get one since she does have immigration intent with an American fiance - though it doesn't hurt to apply).

Since you said she doesn't plan on immigrating and you plan on living abroad, I would get permanent residence there until you're both ready to move back to the states. Then, you can apply for a green card from abroad when you're married and actually ready to move to the US permanently. If you do it this way, it will be much quicker, cheaper, and stress-free than what it seems like you're currently planning.

[tony95 0]

Here is the problem, I want her to come here and visit and get married. If she comes here to get married then immigration will assume that she is seeking permanent resident status even if she isn't. She is not employed so she will most likely be denied a tourist even if she does have a son in Romania. However, she can not stay longer than 1 month away from her son. So, I want to file a for a K-1 then she can return, then we can file for a K3 visa for her to visit again while she is my wife at some point we will seek permanent residence, we just do not know when that will be exactly. We will have to convince her ex-husband to allow her son to visit here. Once we have been married two years, I think this gets easier? I do not know what to do.

Edited July 14, 2013 by tony95

[Penguin_ie 5,994]

I would strongly suggest trying for a tourist visa first- quicker and easier and cheaper, IF she gets it.

If she doesn't, you can do the K1. No-one will stop her leaving after the wedding, she just won't be able to come back.

IF you live with her abroad, as a married couple, and you have ties to abroad too (house, job etc), then that is good ties and she wil l very likely be granted a tourist visa then, even if she was denied before.

[tony95 0]

I would strongly suggest trying for a tourist visa first- quicker and easier and cheaper, IF she gets it.

If she doesn't, you can do the K1. No-one will stop her leaving after the wedding, she just won't be able to come back.

IF you live with her abroad, as a married couple, and you have ties to abroad too (house, job etc), then that is good ties and she wil l very likely be granted a tourist visa then, even if she was denied befor

Thanks for the advise. I do not think it is worth applying for a tourist visa since we plan to marry. She would have to not tell them that she intends to get married and without my sponsorship the odds of approval are about zero. Sounds like we need to get married as soon as possible and that two year mark will come faster. Once she goes back to be with her son, we will have to apply for the K-3, but at least the medical exam will still be good when we apply for K3. Then, when she returns, I do not know what will happen if she leave while waiting for AOS because I hear that process is very long. Maybe if she leaves as my wife after the K1 then that will be proof enough to get her a visitor visa since she did not overstay the K1 after failing to file for AOS.

Edited July 14, 2013 by tony95

[domwardbound 73]

Here is the problem, I want her to come here and visit and get married. If she comes here to get married then immigration will assume that she is seeking permanent resident status even if she isn't. She is not employed so she will most likely be denied a tourist even if she does have a son in Romania. However, she can not stay longer than 1 month away from her son. So, I want to file a for a K-1 then she can return, then we can file for a K3 visa for her to visit again while she is my wife at some point we will seek permanent residence, we just do not know when that will be exactly. We will have to convince her ex-husband to allow her son to visit here. Once we have been married two years, I think this gets easier? I do not know what to do.

I agree with Penguin's advice above.

Also, starting a spouse visa after 2 years of marriage doesn't really change the process of getting into the US. It's easier once she's in the US because she doesn't have any conditions to remove, but the initial entry process is the same - she'd have a green card either way.

If you're set on getting married in the US (which is tougher), at least try the tourist visa, because if you do get it, things will be much easier for you. In the interview, your fiance would need to make it completely clear that she plans on marrying and returning, that she understands the legal immigration process, and that her son is still there, along with any apartment/lease/property ownership proof. Without a job it will be a harder sell, but anything's possible.

If that doesn't work, then yeah, K1 would be the last option.

Then when she leaves after getting married, and you are there living with her, it will be easier for her to get a tourist visa to visit. EDIT: If you're not living with her, it will be virtually impossible for her to get a tourist visa while married to an American

Finally, when she wants to move back as a spouse in a foreign country, she needs to file the I-130 for a CR1. Again, K3 is obsolete because even if you apply for it (which can be done only after applying for CR1) usually the I-130 is approved before the K3, meaning the K3 is cancelled.

Edited July 14, 2013 by domwardbound

[tony95 0]

She is not employed and does not have a job. Romania is very difficult to get a tourist to the US. As I said the odds would be near zero, so why waste the time. I am thinking to have her come on the K-1 then return and at that point it may be easier to make the case that she is not seeking permanent status, since she has traveled here and returned under her own free will. If after the K1 we can't get a visitor visa, we will apply file the CR1/K3 document, but when she leaves again the application for change of status will be automatically cancelled. I am unsure if she will be able to reenter at that point, but surely we will be able to convince them that we need a temporary non-immigrant visa.

[Penguin_ie 5,994]

We have had several cases on here where tourist visas were denied, then the couple got a spousal visa, and as soon as they had the greencard, left and formally handed back the greencard at the local US embassy, then applied for a tourist visa, and were successful.

[NikLR 13,227]

Sounds like you've made up your mind.

For what it's worth, the answer to the unasked question is always No.

Being married to a USC actually makes it even harder for her to get a tourist visa as well. - except in the cases that penguin mentioned... giving up a green card can be a boon to having a tourist visa. (thanks penguin!)

Also CR1 do not adjust their status.

Edited July 14, 2013 by NikiR