Is a K-1 the right choice?

[Rit's Brat 0]

Hi - I am asking this on behalf of a "friend" because she seems a bit lost in all this. She is from Denmark but her boyfriend/fiance is from Texas. She has been staying with him for about a year or a little more on a ESTA. She goes back home about every 90 days - staying anywhere from a week to 3 weeks.before coming back to the US. According to the info she has given me & my husband, her ESTA is almost expired so she plans to go home and apply for a visitor's visa b/c she doesn't think they will let her back in to the US on what short while is left on her ESTA. And she said they plan to get married about a month after she gets back here on a visitor's visa. She is confused and has been asking us a lot of questions. I haven't really said much on the whole matter b/c I know she is going about this all wrong, but I wanted to turn to the community here and get some thoughts and opinions b/c everyone here helped me out so much when my husband and I were going through our immigration process.

If she actually gets a visitor's visa (without mentioning anything regarding marriage), would a courthouse even issue them a marriage certificate?? I don't think they would but I'm not positive. I want to have a little bit more knowledge from the community here before she starts asking me for advise.

Thanks for all the help!
Brandy

[The Mean Lady 604]

You can get married on a visitors visa.

You just can't stay on a visitors visa.

Get married, then leave.

K1 visa is for people wanting to go through the immigration process, get married in the US, then stay.

Cr1 is for people who get married first, then go through the process and spouse comes to the US about 8-10mos after filing.

Edited July 22, 2013 by The Mean Lady

[Rit's Brat 0]

Oh ok! Thanks so much for that info. I didn't know that - or didn't remember it I think we didn't go that route b/c we didn't want to be married and be apart that long! But I had totally forgotten. Can she come to visit (on a valid visa - whatever type it is) while the process is going on?

[The Mean Lady 604]

Yes, though there's always a chance to get denied entry.

She should bring ties to her country (lease, letter of employment, pay stubs, etc) to show she will return.

[NikLR 13,227]

***moved to general immigration discussion as OP is asking questions multiple visa types not specifically K1****

[TBoneTX 45,288]

*** Thread moved from General Immigration Discussion to new "What Visa Do I Need?" forum. ***

[GreatDane 366]

Hi - I am asking this on behalf of a "friend" because she seems a bit lost in all this. She is from Denmark but her boyfriend/fiance is from Texas. She has been staying with him for about a year or a little more on a ESTA. She goes back home about every 90 days - staying anywhere from a week to 3 weeks.before coming back to the US. According to the info she has given me & my husband, her ESTA is almost expired so she plans to go home and apply for a visitor's visa b/c she doesn't think they will let her back in to the US on what short while is left on her ESTA. And she said they plan to get married about a month after she gets back here on a visitor's visa. She is confused and has been asking us a lot of questions. I haven't really said much on the whole matter b/c I know she is going about this all wrong, but I wanted to turn to the community here and get some thoughts and opinions b/c everyone here helped me out so much when my husband and I were going through our immigration process.

If she actually gets a visitor's visa (without mentioning anything regarding marriage), would a courthouse even issue them a marriage certificate?? I don't think they would but I'm not positive. I want to have a little bit more knowledge from the community here before she starts asking me for advise.

Thanks for all the help!

Brandy

Hi Brandy, If your friend has any questions, she can feel free to write me a message. My fiance is from Denmark and I am from Seattle so our cases are pretty similar. She should be careful, as the visa agreement with the US only gives her access to the US 90 days with reasonable amount of time in their home country in betweem, meaning if she only stayed in Denmark for a week or three, she was overstaying on her ESTA visa. She can get married as a visitor, but needs to disclose her intentions to an immigration officer upon entry (which can result in denial of entry). They will issue a marriage license to visitors. After that, they can apply for a CR1 visa, and she can visit during that time on a visitor visa, but cannot work or reside in the US until it is finalized. Similarly, they can wait and apply for a K1 (fiance visa), but the same conditions apply and the cost is slightly higher.

Hope this helps!

Victoria

Edited August 2, 2013 by GreatDane