K-1 Visa without Change of Status and Permanent Residence?

[rictor.magnus 0]

I can't find any solid information about this, so please help. I am a US citizen currently living abroad with plans to marry my foreign girlfriend this year. We have no intentions of living in the USA and plan on remaining abroad, however I would like to show her my home and let her meet my family. We were already declined for a Tourist Visa as she cannot prove sufficient ties to her home country. This leaves the K-1 Visa as an option since we are not yet married. So my question is: can we marry in the USA under a K-1 Visa (not request a Change of Status) and then return to our life abroad? And if yes, what are the future ramifications of this if we later decide to move to the USA? Thank you in advance for your input.

[TBoneTX 45,309]

Welcome to the forum.

The K-1 is a nonimmigrant visa with immigrant intent. You know and state, up front, that you have no immigrant intent. Therefore, this visa is not for you.

Should you wish to immigrate in the future as a married couple, you would then file the I-130 petition in pursuit of the CR-1 visa. One future ramification might be having to prevaricate during the eventual visa interview if the consul asks why you didn't follow through on the K-1 path. You could not honestly say "our plans changed."

You'll have to find another way to introduce your future wife to your family.

Good luck.

Edited February 26, 2015 by TBoneTX

[rictor.magnus 0]

Thanks for the advice. I know misrepresentation can be extremely risky, but I don't understand what risk the government is taking if my intentions weren't genuine in this case. If we get approved for a K-1 and DO marry and DON'T overstay, then choosing to return to her home country doesn't negatively affect the USA in any way that I can see.

The 2 options I see are a) apply for K-1 and "change our minds" after marriage and return to her home country, or b) apply for a B-1 Tourist and tell the truth about our intent to marry and return, which is almost guaranteed to be declined (because we could be misrepresenting our intentions and choose to stay in America). Hopefully there is an option C that we haven't thought of yet or somebody who has had experience with this can let me know what option A's risks may be.

[Girl from Celebes 588]

Thanks for the advice. I know misrepresentation can be extremely risky, but I don't understand what risk the government is taking if my intentions weren't genuine in this case. If we get approved for a K-1 and DO marry and DON'T overstay, then choosing to return to her home country doesn't negatively affect the USA in any way that I can see.

The 2 options I see are a) apply for K-1 and "change our minds" after marriage and return to her home country, or b) apply for a B-1 Tourist and tell the truth about our intent to marry and return, which is almost guaranteed to be declined (because we could be misrepresenting our intentions and choose to stay in America). Hopefully there is an option C that we haven't thought of yet or somebody who has had experience with this can let me know what option A's risks may be.

There are a lot people like you on VJ and in my opinion there is no misrepresentation here about your intention. When I applied for B-2 visa and got refused the CO gave a sheet and suggested to file petition for K-1 visa. Therefore, in my humble opinion, the purpose of K-1 visa is to let beneficiary comes to the US and marry the petitioner within 90 days.

There is no rule that after married, the beneficiary has to file adjust of status. No force to do that, but if the beneficiary wants to stay in here then she/he should have filed AoS for legal status. Non-immigrant with immigrant intent means that they can come and married and adjust of status whereas B-2 visa is non-immigrant visa without immigrant intent.

If B-2 visa can come, marry, and adjust of status then why K-1 visa can't do otherwise?

There was a post about that a while back here. The beneficiary /petitioner honestly declared on the paper and the CO that they don't intent to stay in the US but just wanted to get married because that's the petitioner's family wants. The visa was approved.

That's my two cents.

[Ilovemyman 147]

Best option , it is get marry with her on her home country, then she can apply for a tourist visa.

As a married woman she has more chance to get a tourist visa, and you and she can explain that you dont want live at usa.

She can get a tourist visa with the intention to meet her husband's family.

[baron555 934]

Thanks for the advice. I know misrepresentation can be extremely risky, but I don't understand what risk the government is taking if my intentions weren't genuine in this case. If we get approved for a K-1 and DO marry and DON'T overstay, then choosing to return to her home country doesn't negatively affect the USA in any way that I can see.

The 2 options I see are a) apply for K-1 and "change our minds" after marriage and return to her home country, or b) apply for a B-1 Tourist and tell the truth about our intent to marry and return, which is almost guaranteed to be declined (because we could be misrepresenting our intentions and choose to stay in America). Hopefully there is an option C that we haven't thought of yet or somebody who has had experience with this can let me know what option A's risks may be.

You most likely could pull off your scam.....but if you ever desire to immigrate to the US, that might not be possible since USCIS would have knowledge of your actions (and non-actions).

[Zedayn 485]

Welcome to the forum.

The K-1 is a nonimmigrant visa with immigrant intent. You know and state, up front, that you have no immigrant intent. Therefore, this visa is not for you.

Should you wish to immigrate in the future as a married couple, you would then file the I-130 petition in pursuit of the CR-1 visa. One future ramification might be having to prevaricate during the eventual visa interview if the consul asks why you didn't follow through on the K-1 path. You could not honestly say "our plans changed."

You'll have to find another way to introduce your future wife to your family.

Good luck.

I completely disagree. As you stated, the K-1 visa is a non-immigrant visa. The visa's intent is to bring your fiancé to the US to get married. After that you can do what you want: stay and adjust status or leave the US. The only downfall to filing for a K-1 visa just to bring your fiancé here is that it is a more expensive and time consuming process than other non-immigrant visas.

You most likely could pull off your scam.....but if you ever desire to immigrate to the US, that might not be possible since USCIS would have knowledge of your actions (and non-actions).

There is no scam here. It is not a scam, or misrepresentation, to have intent NOT to stay and adjust. It is a choice you have

There is no rule that after married, the beneficiary has to file adjust of status.

You said it perfectly here.

[aaron2020 11,651]

Hi,

People need to get off their high horses about scams.

The K-1 does not require you to apply for a green card after marriage.

Folks, please review the I-129f before making further comments. There is noting there about immigrating to the U.S. or a requirement to apply for a green card. The K-1 is about getting marry in the US. There is no requirement to stay to get a green card. Notice the "may" apply for a green card after marriage, not "must."

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

Fiancé(e) Visas

This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the Green Card section.

Edited February 26, 2015 by aaron2020

[aaron2020 11,651]

Welcome to the forum.

The K-1 is a nonimmigrant visa with immigrant intent. You know and state, up front, that you have no immigrant intent. Therefore, this visa is not for you.

Should you wish to immigrate in the future as a married couple, you would then file the I-130 petition in pursuit of the CR-1 visa. One future ramification might be having to prevaricate during the eventual visa interview if the consul asks why you didn't follow through on the K-1 path. You could not honestly say "our plans changed."

You'll have to find another way to introduce your future wife to your family.

Good luck.

I expect more from a global moderator. Your information is completely wrong.

Please show where the K-1 is a non-immigrant visa with immigrant intent in any official US document or post.

Please show where there is any ramifications for using a K-1 to marry, leave, and later it's an issue with an immigrant visa.

What is your basis for the advice you gave?

I think you made it up based on your opinions and not based on facts.

[aaron2020 11,651]

I can't find any solid information about this, so please help. I am a US citizen currently living abroad with plans to marry my foreign girlfriend this year. We have no intentions of living in the USA and plan on remaining abroad, however I would like to show her my home and let her meet my family. We were already declined for a Tourist Visa as she cannot prove sufficient ties to her home country. This leaves the K-1 Visa as an option since we are not yet married. So my question is: can we marry in the USA under a K-1 Visa (not request a Change of Status) and then return to our life abroad? And if yes, what are the future ramifications of this if we later decide to move to the USA? Thank you in advance for your input.

Hi,

You can use the K-1 to marry in the US and leave.

There is no ramifications for the future.

Best of luck.

[aaron2020 11,651]

Best option , it is get marry with her on her home country, then she can apply for a tourist visa.

As a married woman she has more chance to get a tourist visa, and you and she can explain that you dont want live at usa.

She can get a tourist visa with the intention to meet her husband's family.

Hi,

Please review the tourist visa forum. There are plenty of spouses of US citizens who can not get a tourist visa there.

OP's best option is not the route you suggested.

You most likely could pull off your scam.....but if you ever desire to immigrate to the US, that might not be possible since USCIS would have knowledge of your actions (and non-actions).

How is this a scam?

[baron555 934]

Hi,

Please review the tourist visa forum. There are plenty of spouses of US citizens who can not get a tourist visa there.

OP's best option is not the route you suggested.

How is this a scam?

Deceit of USCIS by using an immigration visa as a tourist visa.

[aaron2020 11,651]

Deceit of USCIS by using an immigration visa as a tourist visa.

The K-1 is a nonimmigrant visa.

The OP is using the K-1 to marry in the US.

Where is the deceit?

As an Organizer of this site, please back up what you posted. Please provide any facts to back up your position that will affect the OP's life and his fiancee's life.

I have provided info from USCIS. Applying for a green card after marriage on a K-1 is permissive, not mandatory.

Edited February 26, 2015 by aaron2020

[Hank_ 9,174]

I can't find any solid information about this, so please help. I am a US citizen currently living abroad with plans to marry my foreign girlfriend this year. We have no intentions of living in the USA and plan on remaining abroad, however I would like to show her my home and let her meet my family. We were already declined for a Tourist Visa as she cannot prove sufficient ties to her home country. This leaves the K-1 Visa as an option since we are not yet married. So my question is: can we marry in the USA under a K-1 Visa (not request a Change of Status) and then return to our life abroad? And if yes, what are the future ramifications of this if we later decide to move to the USA? Thank you in advance for your input.

Girl from Celebes has a good response. There is NOTHING in the K-1 requiring a person to get married nor adjust status ... you came, you saw... you left. Others have arrived on a K-1 and for whatever reasons left again... no harm, no foul.

[baron555 934]

The K-1 is a nonimmigrant visa.

The OP is using the K-1 to marry in the US.

Where is the deceit?

The K-1 is not a marriage visa, it's a immigration with permanent residence visa, and it's definitely not a tourist visa. Have the OP contact USCIS and ask them what they think.

As an Organizer of this site, please back up what you posted. Please provide any facts to back up your position that will affect the OP's life and his fiancee's life.

I have provided info from USCIS. Applying for a green card after marriage on a K-1 is permissive, not mandatory.