K-1 visa questions consequences of 2 scenarios

[Dobee 0]

I just have some general questions concerning 2 scenarios with a K-1 visa.

I my fiance is from (and currently in) China. We are good, but I was wondering, if things don't work out and we don't get married while she is in the USA will there be any negative consequences for her because we didn't marry? As long as she leaves the country before 90 days (if we choose not to get married) she should be fine, right? Would not getting married hurt her chances of getting a different visa in the USA again (or other developed countries)???

Also, what if we got married in the USA and then I went to China for 2 years. Would bringing her over on a K-2 visa for the second time (after those 2 years) be significantly easier for us (compared to others) because we were married in the USA?

Thoughts?

Thanks!!!

[aleful 1,905]

hi

1, no problem, as long as she returns to her country

2, if you want to move to her country, then don't do the k1, it doesn't matter where you marry. there is no K visa once you marry. you will have to go through spousal visa,

[Dobee 0]

hi

1, no problem, as long as she returns to her country

2, if you want to move to her country, then don't do the k1, it doesn't matter where you marry. there is no K visa once you marry. you will have to go through spousal visa,

Whops ...

That's what I mean, a spousal visa. Would getting married in the USA be better for a spousal visa? (If I wanted to go to China for a year or two?)

[baron555 934]

I just have some general questions concerning 2 scenarios with a K-1 visa.

I my fiance is from (and currently in) China. We are good, but I was wondering, if things don't work out and we don't get married while she is in the USA will there be any negative consequences for her because we didn't marry? As long as she leaves the country before 90 days (if we choose not to get married) she should be fine, right? Would not getting married hurt her chances of getting a different visa in the USA again (or other developed countries)???

No, there may be questions but if she did as you state, then she followed the requirements.

Also, what if we got married in the USA and then I went to China for 2 years.

You can.

Would bringing her over on a K-2 visa for the second time (after those 2 years) be significantly easier for us (compared to others) because we were married in the USA?

K-2s are for children. If you are married, you'd be filing for a CR-1 Spousal Visa and it wouldn't be any easier or harder.

[HappyAndIKnowIt 24]

If you get married in the U.S., why would a spousal visa be required ? She is already in the U.S. Out of curiosity, how would she enter the U.S. to get married under that scenario ? Anyways, in the hypothetical where you get married in the U.S., wouldn't she then be eligible for permanent residency and therefore no longer require a visa ? I'm confused about your questions.

[Penguin_ie 5,994]

If you get married in the U.S., why would a spousal visa be required ? She is already in the U.S. Out of curiosity, how would she enter the U.S. to get married under that scenario ?

The idea here is they use the K1 to get married in the USA, but not stay- instead moving back to China pretty much right away.

Op- getting married i the USA in such a scenario would not make the spousal visa process any faster. In fact, it may raise extra questions as to why you had a K1- effectively an immigration visa- before and then left. If you are sure you want to live abroad for a while, I'd just get married abroad- quicker and less expensive.

[Mike-eeh and Odie 193]

...but I was wondering, if things don't work out and we don't get married while she is in the USA will there be any negative consequences for her because we didn't marry? As long as she leaves the country before 90 days (if we choose not to get married) she should be fine, right?

Right.

Would not getting married hurt her chances of getting a different visa in the USA again (or other developed countries)???

It's possible. It depends on the type of US Visa she applies for as well as the conditions of her life at the time of application. A tourist visa, for example, would certainly be extremely difficult as she has already proven immigrant intent via a K-1 visa.

Also, what if we got married in the USA and then I went to China for 2 years. Would bringing her over on a K-2 visa for the second time (after those 2 years) be significantly easier for us (compared to others) because we were married in the USA?

Where you marry makes no difference, the spousal visa takes about the same amount of time (1-2 years depending on country). However, should you choose to live in China, you will have to prove US domicile and a job before you return home to the USA. If anything, living in China may make it more difficult, as I assume you already have domicile and a job now to support your soon to be wife?