K1 Visa for Fiance Visit?

[electronicmaji 2]

What exactly are the requirements of a K1 Visa? I read everywhere about some of the exact requirements but the language is very unclear.

If someone receives a K1 Visa, enters the country, then leaves within 60 days without marrying is it impossible for them to ever get a IR-1/CR-1 Visa if they do marry later on in another country?

Is the Visa good for only one time or is the 90 days cumulative? Say you visit for 30 days, leave, come back then you must get married in 60 days?

Do the couple that apply for the Visa need to show proof they are planning a wedding? If not do they need to show proof they even intend on getting married?

[Hypnos 6,578]

It's not impossible, although the CO may well want to know why they didn't marry in the US and adjust status when they had the chance.

A K-1 is a single-entry visa and expires the moment you pass through immigration and customs controls at the airport.

Edited January 27, 2014 by Hypnos

[EndlessStory 53]

What exactly are the requirements of a K1 Visa? I read everywhere about some of the exact requirements but the language is very unclear.

If someone receives a K1 Visa, enters the country, then leaves within 60 days without marrying is it impossible for them to ever get a IR-1/CR-1 Visa if they do marry later on in another country?

It's possible, you can still get married and apply for CR-1 even if you forfeit your K1 visa and left without marrying

Is the Visa good for only one time or is the 90 days cumulative? Say you visit for 30 days, leave, come back then you must get married in 60 days?

It's a ONE time entry visa. it's NOT MULTIPLE entry visa.

Do the couple that apply for the Visa need to show proof they are planning a wedding? If not do they need to show proof they even intend on getting married?

No, not necessarily showing your wedding plans and all but the CO might ask about your wedding plan. You will be signing the letter of intent when filing your initial I-129F package.

[HollyGolightly 72]

Here is a link for the K1 visa guide: http://www.visajourney.com/content/k1guide

A K1 entrant who does not marry and adjust status must leave within 30 days after the expiry of the 90 day period of the visa. K1 is a single entry visa, which means that you may only use it once and cannot use it to re-enter the US (under the same K1) regardless of whether or not you stayed the whole 90 days. K1 visas are not easy to get. It entails fling several forms and complying with several requirements that costs a lot of money. It is issued on condition that the fiancé who is issued the visa will enter the US, marry and adjust status. Someone who has no intention of marrying cannot, or should not apply for this visa type because to do so will just be a waste of time, effort and money. For tourism and visit of friends and family-- the B2 visa option is the more appropriate choice.

[Enigma23 68]

Here is a link for the K1 visa guide: http://www.visajourney.com/content/k1guide

A K1 entrant who does not marry and adjust status must leave within 30 days after the expiry of the 90 day period of the visa. K1 is a single entry visa, which means that you may only use it once and cannot use it to re-enter the US (under the same K1) regardless of whether or not you stayed the whole 90 days. K1 visas are not easy to get. It entails fling several forms and complying with several requirements that costs a lot of money. It is issued on condition that the fiancé who is issued the visa will enter the US, marry and adjust status. Someone who has no intention of marrying cannot, or should not apply for this visa type because to do so will just be a waste of time, effort and money. For tourism and visit of friends and family-- the B2 visa option is the more appropriate choice.

Everythign said above is correct...

... but the one GLARING piece no one has bothered to mention so far... is that you will also piss off a ton of ACTUAL, REALLY REAL, True Couples who SINCERELY are PREPARED, READY, WILLING, WANTING and WAITING to MARRY or LIVE WITH their Spouse or Fiance/Fiancee they are applying for...

If you want to "Play House" or Trial Date... go to their country for a while or get a different Visa...

K-1's and CR1's/IR1's have a hard enough time getting approved and Visas issued without Trial Daters mucking up the process!

You said "you read everywhere" and "it was unclear to you the requirements"

So this is directly from the USCIS SITE it is a REQUIREMENT:

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.

  2. If you prove that the requirement to meet would result in extreme hardship to you

Edited January 27, 2014 by Enigma23

[baron555 934]

K-1's and CR1's/IR1's have a hard enough time getting approved and Visas issued without Trial Daters mucking up the process!

It's their fee that is lost. Yes please don't waste USCIS' time with useless petitions.

Yes there could be questions later if you are determined that you abused the K-1 visa for use as a visitor's visa.

[electronicmaji 2]

Here is a link for the K1 visa guide: http://www.visajourney.com/content/k1guide

A K1 entrant who does not marry and adjust status must leave within 30 days after the expiry of the 90 day period of the visa. K1 is a single entry visa, which means that you may only use it once and cannot use it to re-enter the US (under the same K1) regardless of whether or not you stayed the whole 90 days. K1 visas are not easy to get. It entails fling several forms and complying with several requirements that costs a lot of money. It is issued on condition that the fiancé who is issued the visa will enter the US, marry and adjust status. Someone who has no intention of marrying cannot, or should not apply for this visa type because to do so will just be a waste of time, effort and money. For tourism and visit of friends and family-- the B2 visa option is the more appropriate choice.

But I read B2 visa's are not designed for visiting friends especially boyfriends and that the people who oversee the application will see the existence of a Boyfriend as a potential link to the us and are automatically supposed to assume that people will remain in the us illegally unless provided proof otherwise.

What kind of financial requirements are there in a B2 Visa? I assume it is very unlikely for someone to obtain one without a good amount of cash on hand. Like at least 5-10k.

[christeen 966]

Therein lies the irony... To get a k1, you must establish a bonified relationship, show meeti g I. Person and declare that you will marry within 90 days... Going into the process know g that you are not intending to marry is technically lying to immigration,and misuse of the process... On the flip side, deep Depending on the country, it can be a near impossible to get a visitor visa especially when you have. Boyfriend/girlfriend in the USA... To try for a b2 she needs to show ties that show why she must return to her country...

[HollyGolightly 72]

But I read B2 visa's are not designed for visiting friends especially boyfriends and that the people who oversee the application will see the existence of a Boyfriend as a potential link to the us and are automatically supposed to assume that people will remain in the us illegally unless provided proof otherwise.

What kind of financial requirements are there in a B2 Visa? I assume it is very unlikely for someone to obtain one without a good amount of cash on hand. Like at least 5-10k.

I would agree that a B2 is tough to get specially if the applicant is from a "high-risk" country, but generally- if you are able to show strong ties (job, family, interest and properties) then a B2 should be the easier option as opposed to the K1 which not only takes long but also costs a lot. The B2 fee is only P160.00. You show up to your interview you get approved or denied for a single entry to 10 year multiple entry visa on the spot. No 8 months wait time and no other charges. The applicant should qualify for the B2 on her own merit which has nothing to do with the fact that she is dating a USC.

[electronicmaji 2]

I would agree that a B2 is tough to get specially if the applicant is from a "high-risk" country, but generally- if you are able to show strong ties (job, family, interest and properties) then a B2 should be the easier option as opposed to the K1 which not only takes long but also costs a lot. The B2 fee is only P160.00. You show up to your interview you get approved or denied for a single entry to 10 year multiple entry visa on the spot. No 8 months wait time and no other charges. The applicant should qualify for the B2 on her own merit which has nothing to do with the fact that she is dating a USC.

That's the problem. She will never get the B2 on her own merit. She makes $6,000 a year and has little if any property to her name. And while $6,000 a year is a decent wage in her home country it's not viewed as anything in the United States.

Nonetheless I'm willing to gift her the money neccesary to obtain a B2 Visa. And considering most of the conditions of job systems outside the United States where employment is informal and most people don't even file any income tax returns because their employment is not reported to the government at all because the government has no system like that. I'd imagine it's pretty easy to make someone look like they make more than they actually do and look more favorable to get a B2 visa.

[KayDeeCee 4,896]

If it is easy to make her look like she has enough income to get a B-2, then why are you asking about using a K-1 as a tourist visa? Not that I suggest lying to the CO when applying, mind you.

If she cannot get a B-2, then she cannot visit the US. If you visit her and the two of you get engaged and plan to marry in the US, then you can apply for the K-1 fiance(e) visa.

Sometimes people have a hard time getting approved for a B-2. It happens. They just have to face the fact that they cannot enter as a visitor or apply for other visa classes to use as a tourist visa instead.

[electronicmaji 2]

If it is easy to make her look like she has enough income to get a B-2, then why are you asking about using a K-1 as a tourist visa? Not that I suggest lying to the CO when applying, mind you.

If she cannot get a B-2, then she cannot visit the US. If you visit her and the two of you get engaged and plan to marry in the US, then you can apply for the K-1 fiance(e) visa.

Sometimes people have a hard time getting approved for a B-2. It happens. They just have to face the fact that they cannot enter as a visitor or apply for other visa classes to use as a tourist visa instead.

Because I have no ###### clue how much it would take.

Also it's easy technically. Financially is a whole different matter.

[HollyGolightly 72]

That's the problem. She will never get the B2 on her own merit. She makes $6,000 a year and has little if any property to her name. And while $6,000 a year is a decent wage in her home country it's not viewed as anything in the United States.

Nonetheless I'm willing to gift her the money neccesary to obtain a B2 Visa. And considering most of the conditions of job systems outside the United States where employment is informal and most people don't even file any income tax returns because their employment is not reported to the government at all because the government has no system like that. I'd imagine it's pretty easy to make someone look like they make more than they actually do and look more favorable to get a B2 visa.

"Ties" does not translate to how much money you make or have in the bank. It refers to your connection to your home country i.e. job, family, property, interests-- that give a reasonable belief that you will return after the visit. Your financial status is just a part of what they look for when they evaluate a person's eligibility for B2. The burden of proving ties depends on how you diligently collate your evidence--tax certificates, employment records, titles to properties, even letters of invitation from people that will sponsor a visit could also help. Money is not all there is. I've had a friend in the Philippines apply for a USB2 at 16 right out of high school, was approved and issued a visa despite not having a job or money. All she has had was a long history of travel (and returning) prior to applying for a US visa and she was approved instantly.