US Citizen living abroad, want to stay abroad, but marry in US

[jason86 0]

Hi!

I am a US Citizen. Living in Hong Kong. Want to marry my same-sex partner, who is a HK citizen, and a B.N.O. passport holder.

We wish to continue living in Hong Kong, with no plans to go back to USA to live for foreseeable future. Just want to be able to visit relatives.

All the methods I see out there are all for living in USA, and bringing the fiancé or spouse over to US to live. We just want to marry legally, and be able to enter the USA together for short trips (visit family etc). Maybe even marry in US.

What options do we have?

A standard B-2 visitor visa is out, as he was denied already (this month) based on overstay many years ago, and they said it likely wouldn't be approved even after the 10 years period is up.

1st possible path:

Not sure if a BNO allows us to marry in UK / UK consulates that allow marriage (Thailand, Vietnam, etc). If so, will that marriage be recognized by US - and then which visa process to allow?

2nd possible path:

- ??? what other possible paths are there?

Thanks for your guidance!!

[NigeriaorBust 4,087]

The visitors visa is the only path for you at the moment. To apply for a resident visa you would have to be residing in the US or have the intent to. You would also have to demonstrate hardship for a waiver to overcome the current bar, but that includes showing that you can't live out of the US with your partner ( hard to do when you are now doing exactly that ) I am afraid you will have to wait out the bar and then try for a visitors visa.

[jason86 0]

The visitors visa is the only path for you at the moment. To apply for a resident visa you would have to be residing in the US or have the intent to. You would also have to demonstrate hardship for a waiver to overcome the current bar, but that includes showing that you can't live out of the US with your partner ( hard to do when you are now doing exactly that ) I am afraid you will have to wait out the bar and then try for a visitors visa.

What about K1 Visa, and then just leave the US after being married? Or continuing to file paperwork through a proxy at a US address? I've read about things like that I think..

Also, what about UK marriage - if that happens, is it recognized by the US, and then what process do we follow?

[Boiler 45,558]

Get married anywhere you can both access and allows it.

I presume he does not have a ban per se, just not eligible for a B.

UK may be complicated, must be easier locations.

[jason86 0]

Get married anywhere you can both access and allows it.

I presume he does not have a ban per se, just not eligible for a B.

UK may be complicated, must be easier locations.

Thanks Boiler!

Looks like a quick check shows Canada is easy and no residency requirements. But after that, what process do I use to allow a simple visit to the USA - not worrying about residing there?

[NYCruiser 423]

What about K1 Visa, and then just leave the US after being married? Or continuing to file paperwork through a proxy at a US address? I've read about things like that I think..

Also, what about UK marriage - if that happens, is it recognized by the US, and then what process do we follow?

A K1 visa could take 3 to 10 months before he gets it. However, it is complicated as when he comes to the US and gets married, the visa is valid for 3 months only from POE. Then you have to adjust status but have to STAY permemantly in the USA. Using a proxy address? That is fraud I think

[Boiler 45,558]

Thanks Boiler!

Looks like a quick check shows Canada is easy and no residency requirements. But after that, what process do I use to allow a simple visit to the USA - not worrying about residing there?

Your passport.

[aaron2020 11,651]

Hi!

I am a US Citizen. Living in Hong Kong. Want to marry my same-sex partner, who is a HK citizen, and a B.N.O. passport holder.

We wish to continue living in Hong Kong, with no plans to go back to USA to live for foreseeable future. Just want to be able to visit relatives.

All the methods I see out there are all for living in USA, and bringing the fiancé or spouse over to US to live. We just want to marry legally, and be able to enter the USA together for short trips (visit family etc). Maybe even marry in US.

What options do we have? None. The visitor visa is the only route for visits to the US for your partner.

A standard B-2 visitor visa is out, as he was denied already (this month) based on overstay many years ago, and they said it likely wouldn't be approved even after the 10 years period is up.

1st possible path:

Not sure if a BNO allows us to marry in UK / UK consulates that allow marriage (Thailand, Vietnam, etc). If so, will that marriage be recognized by US - and then which visa process to allow? Marriage anywhere same-sex marriages is legal will be recognized by the US. Your partner would still need a visitor visa.

2nd possible path:

- ??? what other possible paths are there? There is no other path. A visitor visa is what is required.

Thanks for your guidance!!

A K-1 visa will not work for several reasons. You would need to show a US domicile (US resident) or the intent to reestablish one by the time your partner enters the US. It would fraud for you to "borrow" a US address. After marriage in the US, your spouse would need to apply for AOS, spend 3 months in the US, and 6-12 months for a green card to live in the US. A K-1 is a single entry visa. This does not solve your problem for another visit.

A green card will not work either since a green card holder is required to live in the US.

Until you decide to move back to the US, the visitor visa is the only route for your partner to visit the US.

How long did your partner overstay in the US?

[aaron2020 11,651]

What about K1 Visa, and then just leave the US after being married? You would need to show a US domicile. Or continuing to file paperwork through a proxy at a US address? This would be immigration fraud. You can not "borrow" a "proxy US address. You either live in the US or not. Claiming you live at a proxy US address would be fraud. I've read about things like that I think..

Also, what about UK marriage - if that happens, is it recognized by the US, and then what process do we follow? A visitor visa.

Thanks Boiler!

Looks like a quick check shows Canada is easy and no residency requirements. But after that, what process do I use to allow a simple visit to the USA - not worrying about residing there?

You would enter the US on your US passport. Your spouse would need a visitor visa.

[jason86 0]

Ahh I see thanks everyone.

FYI, and just for the public record, the idea to use a US address I've seen elsewhere (including on this forum I believe), but it must have been for a different process. There are those who inquire about living overseas and applying for such and such... not sure at the moment what it was, but it was legal. I do not intend to commit fraud.

in fact, trying to find an example of what I saw before, I came across this:

http://lawandborder.com/issues-for-u-s-citizens-expats-in-filing-the-form-i-130-immigrant-petition-for-alien-relative/

which goes way beyond your simple explanation from a couple of you that "using an address in the US while living abroad is fraud". Clearly there are many factors that could provide me an "address in US for domicile purposes". This is one reason I was not sure about using a public forum with people who are not immigration consultants or attorneys... there are tons of situations that must be considered and in each case, there are intricate details.

Simply advising me that I would be committing fraud was bad advice. I know you must mean well (I think), but anyway, I get the idea that I should consult an attorney, not a forum, for my situation.

Thanks!

[Boiler 45,558]

You asked questions, you got answers, the fact that you did not like the answers does not make them any less valid.

The answers were based on the information you gave, you want to know how someone can visit the US, a Vistot Visa. Not rocket science.

You then started talking about an immigrant visa and using a false address.

[jason86 0]

Your passport.

It was answers like this that really don't make any sense, Boiler. Most of the answers were good and straight forward. This was useless. Of course I know I must use a passport to enter my own country, but couldn't you understand the meaning of that sentence to be when I say "I" - I meant what process do I use for my partner to enter with me?? If you couldn't decipher that sentence, ok, you took "I" literally. No worries.

And the intent for me is to marry and enter - there are other ways of doing that, and you could have suggested that one way, is if I have genuine domicile (easy if I own property!), and apply for K3/IR-1/DCF [edit: dcf isn't allowed in HK - before you point to this], which can be done from overseas. But I found that you don't know the intricate details of "domicile", which you kinda forced me to find out... so in a way, your accusations of fraud helped me.

And for that I thank you.

Edited November 20, 2015 by jason86

[MacUK 983]

This is one reason I was not sure about using a public forum with people who are not immigration consultants or attorneys...

The main difference between consulting an attorney and asking questions on here is that no-one here has any thoughts about charging you thousands of dollars for giving you advice.

All people here have is experience of going through the immigration process and years of reading other peoples successes and failures.

[Boiler 45,558]

It was answers like this that really don't make any sense, Boiler. Most of the answers were good and straight forward. This was useless. Of course I know I must use a passport to enter my own country, but couldn't you understand the meaning of that sentence to be when I say "I" - I meant what process do I use for my partner to enter with me?? If you couldn't decipher that sentence, ok, you took "I" literally. No worries.

And the intent for me is to marry and enter - there are other ways of doing that, and you could have suggested that one way, is if I have genuine domicile (easy if I own property!), and apply for K3/IR-1/DCF [edit: dcf isn't allowed in HK - before you point to this], which can be done from overseas. But I found that you don't know the intricate details of "domicile", which you kinda forced me to find out... so in a way, your accusations of fraud helped me.

And for that I thank you.

I never accused you of fraud. Words have meanings and that is part of your issue, you said you do not want to immigrate your partner. Just visit.

Edited November 20, 2015 by Boiler

[aaron2020 11,651]

Ahh I see thanks everyone.

FYI, and just for the public record, the idea to use a US address I've seen elsewhere (including on this forum I believe), but it must have been for a different process. There are those who inquire about living overseas and applying for such and such... not sure at the moment what it was, but it was legal. I do not intend to commit fraud.

in fact, trying to find an example of what I saw before, I came across this:

http://lawandborder.com/issues-for-u-s-citizens-expats-in-filing-the-form-i-130-immigrant-petition-for-alien-relative/

which goes way beyond your simple explanation from a couple of you that "using an address in the US while living abroad is fraud". Clearly there are many factors that could provide me an "address in US for domicile purposes". This is one reason I was not sure about using a public forum with people who are not immigration consultants or attorneys... there are tons of situations that must be considered and in each case, there are intricate details.

Simply advising me that I would be committing fraud was bad advice. I know you must mean well (I think), but anyway, I get the idea that I should consult an attorney, not a forum, for my situation.

Thanks!

Big difference between using a US address to show the intent to reestablish a US domicile when one intends to return to the US versus using the address to show a US domicile just to visit the US. Living in the US vs. visiting. You are the one not understanding the "intricate details."

Usually it's the home of a relative where the couple intends to reside until they find their own place. Not a place just so they can visit.

People in the link you provided were intending to reside here, not visit. Not the same situation you are in.

Enjoy paying the lawyer to tell you that the 10 years bar (which you said apply in your first post) will require a waiver. No visitor visa. No K-1. No spousal visa. All will require a waiver for the bar. Info that you got on a public forum from people with decades of experience navigating the immigration system. Advice that you dismissed as simple and bad because you didn't like the answers.

Best of luck.

Edited November 20, 2015 by aaron2020