K1-visa then CR-1 from home country

[internationall 0]

My fiancé is an american citizen and we are planning to get married next year in the US. The problem is that we want to get married in the US but I cannot stay in the US to wait out the green card decision(or the advance parole), and I want to make sure that we don't use the K1 visa in a wrong way.

My question is basically if it's okay to:

1) Get K1 visa approved.

2) Get married in the US on the K1 visa.

3) Return to my home country a day or two after marriage without filing papers for adjustment of status. (Or file the papers but then leaving the US will stop the process anyway.)

4) Apply and get the CR-1 visa(green card) while I'm in my home country and she's in the US.

Or does a marriage on a K1 visa mean that the only way to get the green card is through adjustment of status while remaining in the US after marriage?

[Alaska2012 462]

You don't need the K1 to get married in the US. It's perfectly fine to fly over get married and then return to sweden and start the cr1 process. I did and it was a very smooth journey!

To do the K1 if you can't stay and adjust is just a waste of time and not to mention money.

[Adil & Jeanne 296]

K 1 is no longer valid after arrival

You need AOS and the green card to return to US

[internationall 0]

You don't need the K1 to get married in the US. It's perfectly fine to fly over get married and then return to sweden and start the cr1 process. I did and it was a very smooth journey!

To do the K1 if you can't stay and adjust is just a waste of time and not to mention money.

But isn't it visa fraud if you fly over on a tourist visa with the intention to get married?

[internationall 0]

K 1 is no longer valid after arrival

You need AOS and the green card to return to US

But I mean if I get married on the K1 visa in the US and then after that I return to my home country and start filing for the CR-1?

[Alaska2012 462]

It's only fraud if you fly over get married and stay and adjust.

To get married and return is perfectly fine.

[Kastrs 723]

But isn't it visa fraud if you fly over on a tourist visa with the intention to get married?

No it is fraud to use the VWP to come get married and adjust status

But if your plan is to come and get married and then file for a CR1 afterwards, and return to your home country during processing that is no problem

Also since you are from a VWP country you will be able to visit during the process

[internationall 0]

It's only fraud if you fly over get married and stay and adjust. To get married and return is perfectly fine.

Thanks for your answers. Also, do I have to tell the officer in customs at the airport that I'm going to get married when I'm arriving on tourist visa? I'm afraid they don't want to let me through if I tell them my true intentions.

[RJS7 5]

Thanks for your answers. Also, do I have to tell the officer in customs at the airport that I'm going to get married when I'm arriving on tourist visa? I'm afraid they don't want to let me through if I tell them my true intentions.

Tell him the truth and you'll be fine. I got married in the US in last year, flying from Dublin. Told the customs officer straight off that I was traveling to the US to get married but would be back in Ireland 2 weeks later. He asked if both myself and my (now) USC wife live in Ireland (we do), what I do for a living and after that I was on my way.

You just need to satisfy them you are going over for your stated purpose and that you won't overstay. I had a letter from my employer stating when they expected me back at work plus some recent utility bills in both our names in my bag. Customs officer didn't ask for anything bar answers to his questions.

Edited January 17, 2016 by RJS7

[internationall 0]

Tell him the truth and you'll be fine. I got married in the US in last year, flying from Dublin. Told the customs officer straight off that I was traveling to the US to get married but would be back in Ireland 2 weeks later. He asked if both myself and my (now) USC wife live in Ireland (we do), what I do for a living and after that I was on my way.

You just need to satisfy them you are going over for your stated purpose and that you won't overstay. I had a letter from my employer stating when they expected me back at work plus some recent utility bills in both our names in my bag. Customs officer didn't ask for anything bar answers to his questions.

Do you think it will be a problem that my fiancee lives in the US, and not somewhere else? Would they have let you through if your wife was instead living in the US at the moment, but you lived in Ireland?

[RJS7 5]

Do you think it will be a problem that my fiancee lives in the US, and not somewhere else? Would they have let you through if your wife was instead living in the US at the moment, but you lived in Ireland?

Can't say myself but if you search around the forum I'm sure you'll find an answer. You won't have been the first person to go through this you know.

[JFH 12,190]

I flew there on the VWP to get married and came home three days later. No problem at all. My husband lives in the US.

You only need to mention you're getting married if you are asked that question. Never volunteer information that is not asked but answer every question that they do ask you factually.

On my two most recent entries I wasn't asked anything at all as to the purpose of my visit. Just my final destination and how long I was staying. I have noticed that the questioning has eased over the years for me. Not sure if that's a general thing or if it's because they can see I have a good track record.