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

[aaron2020 11,651]

As a Organizer, you know that USCIS will not give legal advice to the OP if he calls.

Thank you for your opinions. How about posting facts to substantiate what you said. Don't deflect by saying the OP can go ask USCIS. You made a statement that affects the OP. As a Organizer, you are held to a higher standard when posting. Please provide facts. Point to any US government source.

Please show any government source that a K-1 visa is an "immigration with permanent residence visa." It's a nonimmigrant visa. And there is nothing more nonimmigrant than leaving the U.S. Before the I-94 expires.

Edited February 26, 2015 by aaron2020

[Zedayn 485]

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.

You are clearly misinformed. The K-1 is a non-immigrant visa to allow your fiancé to come to the US for purposes of concluding a valid marriage. It is NOT a permanent resident visa.

[aaron2020 11,651]

You are clearly misinformed. The K-1 is a non-immigrant visa to allow your fiancé to come to the US for purposes of concluding a valid marriage. It is NOT a permanent resident visa.

If it was an "immigrating with permanent residence visa," then where is everybody's green cards? The true scammers now don't even have to marry. They get K-1 visas with permanent residency.

[cocolucho 35]

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.

Please read this clearly and you will get your answer about if you can use the K1 visa for the purpose you are looking for:

First page on instructions for the K1 petition: http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

"What is the Purpose of This form?

This form is used to petition to classify:

1. Your fiance(e) for marriage to you, and his/her child(ren) (K-1 and K-2), to pursue adjustment of status to lawful permanent resident: or

2. Your spouse and his/her child(ren) as nonimmigrants under the LIFE Act to pursue adjustment of status to lawful permanent resident (K-3 and K-4)."

I think if you use this form for any other reason, you could be misrepresenting your intentions and I don't know how it will be view later on by USCIS or at the embassy level once you decide that you and your spouse want to move back to the US and reside here. Just my two cents here!!! :idea:

I really wish you both good luck on your yourney :-)

Edited February 26, 2015 by cocolucho

[GabsUSA 19]

I hate to choose a side on this, but I have to throw my hat on the side of K1 is definitely with intent to AOS. You can come to the states on the VWP, Tourist, Education, or pretty much any non spousal visa and you can get married... Your status in the states is not a factor on *IF* you can get married or not, but pursuing AOS after entering here on anything but a K1 can raise suspicions.

That being said, I dont think it would be a problem to enter under the K1 and leave before the 90 days are up, but as others have said, much more expensive and time consuming route.

I think the suggestion someone made about getting married and reapplying for a tourist visa is the best way to go in this case.

Good Luck OP!

[aaron2020 11,651]

http://www.alllaw.com/articles/nolo/us-immigration/can-you-get-married-visitor-visa.html

If You Want to Simply Get Married and Then Return Home

Legally, there is nothing wrong with getting married while you are in the U.S. as a visitor (on a B-2 visa), if you return home at the end of your permitted stay. But that doesn't mean this is a risk-free strategy. If you haven't yet applied for the visa, you may have an uphill battle convincing the officer at the U.S. consulate that all you want to do is get married and then leave. Too many people before you have used visitor visas as a way of entering the U.S., getting married, and then applying for adjustment of status (a green card), to avoid the longer process of applying for a fiance or marriage-based visa from overseas.

And then, even after you obtain a visitor visa, the border official who greets you upon U.S. entry may not believe your intentions, and may exercise "expedited removal" powers to deny you entry and send you home. That would put an order of removal on your record, preventing your return to the U.S. for several years.

Given these risks, the safest bet is to obtain a fiance visa (K-1) for travel to the United States. It takes longer, but your entry will be easier -- and if you change your mind and decide to settle in the U.S. after the marriage, you will have the legal right to apply for adjustment of status.

Edited February 26, 2015 by aaron2020

[aaron2020 11,651]

http://www.***removed***/visas/kvisa/k1-fiance-visa-application-process.html

After marriage:

After marriage, your fiance (now your spouse) can apply for an Adjustment of Status to be able to live and work permanently in the U.S. If your fiancé does not want to become a permanent resident after marriage, your fiancé (now your spouse) must leave the U.S. within the original 90 Days duration.

[TBoneTX 45,309]

I expect more from a global moderator.

and

As an Organizer of this site

and

As a Organizer,

As a Organizer,

VJ Organizers and Moderators wear two hats: regular VJ member, and appointee with administrative responsibilities. An intelligent, long-time member such as you should know this quite well by now, and not confuse which hat is worn.

Please read this clearly and you will get your answer about if you can use the K1 visa for the purpose you are looking for:

First page on instructions for the K1 petition: http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

"What is the Purpose of This form?

This form is used to petition to classify:

1. Your fiance(e) for marriage to you, and his/her child(ren) (K-1 and K-2), to pursue adjustment of status to lawful permanent resident: or

2. Your spouse and his/her child(ren) as nonimmigrants under the LIFE Act to pursue adjustment of status to lawful permanent resident (K-3 and K-4)."

The above would seem to be a rather reliable source. In addition, two immigration attorneys -- each a former consul -- personally told me (months apart) the following: "The K-1 is a hybrid visa -- a nonimmigrant visa with immigrant intent. This is why the K-1 is processed in the Immigrant Visa Units of the consulates."

Accordingly, although the OP "can" pursue his suggested plan, and although others have perhaps done it, it smacks of misrepresentation. Can we guarantee an otherwise straightforward granting of a K-1 visa if the OP and the beneficiary were to state up-front, either in the I-129F petition package or at the visa interview, that "we have no intention of immigrating or staying -- we're just using this avenue instead of a Tourist Visa so that she can see my house and meet my family"? What are the chances that that would go over well in every consular interview?

[Cathi 5,755]

This is just a question to throw out there. Wouldn't you be misrepresenting yourself if you used a K-1 for this reason? Considering it states that you will pursue adjustment of status after marrying. The purpose of the visa is to marry and adjust status, not to visit. It wouldn't be a risk I wouldn't be willing to take, especially if you are thinking of eventually living here in the future.

Edited February 26, 2015 by mimolicious

[aaron2020 11,651]

There is no misrepresentation where the applicant intends to disclose her plan to return home after marriage to the CO.

[aaron2020 11,651]

and

and

VJ Organizers and Moderators wear two hats: regular VJ member, and appointee with administrative responsibilities. An intelligent, long-time member such as you should know this quite well by now, and not confuse which hat is worn.

The above would seem to be a rather reliable source. In addition, two immigration attorneys -- each a former consul -- personally told me (months apart) the following: "The K-1 is a hybrid visa -- a nonimmigrant visa with immigrant intent. This is why the K-1 is processed in the Immigrant Visa Units of the consulates."

Accordingly, although the OP "can" pursue his suggested plan, and although others have perhaps done it, it smacks of misrepresentation. Can we guarantee an otherwise straightforward granting of a K-1 visa if the OP and the beneficiary were to state up-front, either in the I-129F petition package or at the visa interview, that "we have no intention of immigrating or staying -- we're just using this avenue instead of a Tourist Visa so that she can see my house and meet my family"? What are the chances that that would go over well in every consular interview?

No one can guarantee anything.

California law prohibits attorneys from guaranteeing any result.

Can you guarantee that the OP can't get a K-1 with full disclosure?

Can you tell us the chances their plan would NOT go well in every consular interview? What fact are you relying on to assume there might be a problem?

Edited February 26, 2015 by aaron2020

[TBoneTX 45,309]

There is no misrepresentation where the applicant intends to disclose her plan to return home after marriage to the CO.

And what is YOUR basis for this claim?

No one can guarantee anything.

California law prohibits attorneys from guaranteeing any result.

Can you guarantee that the OP can't get a K-1 with full disclosure?

None of these statements rebuts the points that they're intended to address.

[aaron2020 11,651]

And what is YOUR basis for this claim?

None of these statements rebuts the points that they're intended to address.

What I have posted. I have cited multiple sources. Where are your citations?

And what is YOUR basis for this claim?

None of these statements rebuts the points that they're intended to address.

What I have posted. I have cited multiple sources. Where are your citations?

[TBoneTX 45,309]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum, as a more appropriate destination for this topic. ***

[rin and john 71]

I agree with Aaron. On the USCIS website:

"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.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already residing legally in the United States, you do not need to file for a fiancé(e) visa. See the “Green Card” link to the right.

Application Process

• File Form I-129F, Petition for Alien Fiancé(e).

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.

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.

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

USCIS eligibility requirements will be met by the OP. Last sentence above says "may". Nothing shows as a requirement. Seriously doubt USCIS or any embassy would deny a future petition by the OP to bring his spouse to the USA as an immigrant. That being said, the OP asked two questions:

1) Can he bring his spouse on a K1 visa, get married, and leave without filing AOS? Yes.

2) What are the ramifications of not applying for a GC (with intent not to apply prior to applying for the K1 Visa)? Nobody here (so far) knows for sure unless someone finds an actual case. Common sense dictates not much. But there is no guarantee either way. There are a multitude of cases on VJ where a K1 fiance(e) came to USA, got married, departed before AOS or AP (for whatever reason), and subsequently filed for a spouse visa successfully. I doubt "intent" ever comes up.

Personally if it were me, I would risk it as the downside appears rather insignificant. The OP will have to weigh his own appetite for risktaking.