eligilibility for K3

[mchina34 0]

It is possible that there are cultural or other reasons that make having a 'real life' relationship difficult for the OP. While most people would consider that meeting in person with all that that entails is a pre requisite before considering marriage, it's not the only way a relationship can be conducted. Of course, it does appear that there are a lot of wanna be councilors around who seem to know better than the people within the relationship...

But isn't that fraud, using a K1 to date?

It is not fraudulant to use the K1 to ensure that the relationship is going to be viable. I am not sure how many people do change their minds at the K1 stage, but it is possible and entirely legitimate.

Regardless of cultural customs, etc, I thought in the K1 app. it specifically says that the intending immigrant is to marry within 90 days of POE, meaning the visa is for getting married, not to make it easier for the applicant to date.

[ghostz 0]

thank you all for your quick answers! I appreciate all of them...

They are right. You need to have met with her WITHIN the last 2 years not having known thm for more than 2 years.

Honestly I think it would be smarter to go see her at her house and then if you are happy apply for a K1 (which has the same restriction on meeting as the K3) so you can at least "test out your relationship for a while. . .

this restriction for K1:

"You must have met your fiancee in person within the previous two years."

I thought that my relationship must last long 2 years already....

I always feel worry for that coz my relationship is just only about 1 year.

but I understand now. Thank you.

one hurdle you may run into is that never having met part. A consular interviewing your wife may deny her application on grounds that she's just marrying you for the green card.

hey.. don't be mean.. biggrin.gif but I am sure their advice is right.. you should try to meet at least 2 times before the 3rd time you plan to marry her.. that way it will seem like it is a real marriage.. instead of the government thinking that she just wants to get green card from you..

Yes you are right. since it is so(oooo) difficult to get visa from her country(Myanmar) for (many reasons), it would be so easy to have doubt on her.

I still worry to apply K1 for her too.. coz I heard her country is more strict than other ASEAN countries.

Why don't you visit her first. Take a lot of picture together. then marry her next year. That's what i did.

I would do like you once I could reach to her.

here is another question I want to ask. She is IT professional an I told her to apply H1B too.

lets say she got H1B and then marry when she arrived to US. would this work out? or would it be more difficult to change her status H1B to K3?

or to let her stay and wait for me at her country would be better?

Any idea is welcome... Thanks all...

[Reba 2]

If she applies for a work visa just so she can come here to date you, and she says that in her interview (or it comes up somehow), she'll be denied. And you can't change status from and H1B to a K3. She could adjust status to permanent resident, but not K3. She could try to apply for a work visa, I don't see why not, but to use a work visa to come to the US to get married is technically against the law.

Read the instructions on the I-130 petition and I-129F petitions. Even for a K3 now you are required to send them proof of your relationship, and proof that you have actually met face to face before you got married.

It sucks, but you're going to just have to go and visit a couple of times maybe before you get married. You've made no mention that your marriage is arranged, nor that it is part of either her or your culture that you're not allowed to meet face to face before your wedding, so I can only assume that is not part of your reasons for marrying on this upcoming trip. If culture was a factor, the H1B likely would not be an option either would it?

[Jersey Girl 2]

Sorry to be cynical, but I've never seen educated English spelling combined with such poor grammar and sentence structure. They don't go together. But a Blue and a steaming bowl of Montreal poutine always go well when one is watching a comedy.

[Peikko 1,575]

Regardless of cultural customs, etc, I thought in the K1 app. it specifically says that the intending immigrant is to marry within 90 days of POE, meaning the visa is for getting married, not to make it easier for the applicant to date.

My point was clear, it is not fraudulant for anyone to change their mind after a K1 is issued. There is no binding requirement that you MUST get married. However, I don't think it is very likely that someone will go through the whole process of obtaining a K1 visa purely to 'date' casually. That would be somewhat bizarre.