entry to US on a K1

[jaime+leo 0]

I've convinced myself that somewhere on the USCIS or NVC websites I read that a K1 only allows the fiance to visit, not to live, in the US--that is, to come to the US, get married, and skedaddle until his status is changed. Am I crazy? It doesn't make sense that the K1 wouldn't allow the fiance to actually stay, seeing as how it's impossible for him to leave the country and return without advance parole or a change of status.....

I want to make sure my fiance won't have a problem at the border whenever he does manage to get through this process. He will not be able to prove any ties whatsoever to Canada, since his student visa is up, his program is over, he doesn't have any family there, doesn't own property, etc etc. Like I said, over the past week or so I convinced myself that I read a K1 entrant has to be able to prove ties to the country he's leaving.

Someone just tell me I'm making things up! (Or, if I'm not making things up, tell me that too)

thanks

[Yodrak 7]

jaime+leo,

You're making things up. There can be no adjustment of status if he skedaddles.

Yodrak

I've convinced myself that somewhere on the USCIS or NVC websites I read that a K1 only allows the fiance to visit, not to live, in the US--that is, to come to the US, get married, and skedaddle until his status is changed. Am I crazy? It doesn't make sense that the K1 wouldn't allow the fiance to actually stay, seeing as how it's impossible for him to leave the country and return without advance parole or a change of status.....

I want to make sure my fiance won't have a problem at the border whenever he does manage to get through this process. He will not be able to prove any ties whatsoever to Canada, since his student visa is up, his program is over, he doesn't have any family there, doesn't own property, etc etc. Like I said, over the past week or so I convinced myself that I read a K1 entrant has to be able to prove ties to the country he's leaving.

Someone just tell me I'm making things up! (Or, if I'm not making things up, tell me that too)

thanks

[Otto 83]

I've convinced myself that somewhere on the USCIS or NVC websites I read that a K1 only allows the fiance to visit, not to live, in the US--that is, to come to the US, get married, and skedaddle until his status is changed. Am I crazy? It doesn't make sense that the K1 wouldn't allow the fiance to actually stay, seeing as how it's impossible for him to leave the country and return without advance parole or a change of status.....

I want to make sure my fiance won't have a problem at the border whenever he does manage to get through this process. He will not be able to prove any ties whatsoever to Canada, since his student visa is up, his program is over, he doesn't have any family there, doesn't own property, etc etc. Like I said, over the past week or so I convinced myself that I read a K1 entrant has to be able to prove ties to the country he's leaving.

Someone just tell me I'm making things up! (Or, if I'm not making things up, tell me that too)

thanks

You're mixing things together - the K1 doesn't let people come here to live. Only to come here to marry.

A K1 Visa is a non-immigrant visa (aka Fiancé Visa) - it allows the foreign fiancé to enter the US for up to 90 days. Within that 90 days they must marry the petitioner (the US Citizen) AND file for AOS (Adjustment of Status) to an Immigrant status (or leave). Meaning it let's them come in, get married and file to stay permanently (like a hall/restroom pass in grammar school).

Skedaddling after getting married without filing for AOS (and/or Advance Parole) would cause you to have to start over, but this time on a different visa and the waiting starts over.

[jaime+leo 0]

Good. Right. Okay. That makes sense.... I wonder where this idea of mine came from.

Thanks.

jaime+leo,

You're making things up. There can be no adjustment of status if he skedaddles.

Yodrak

[msu17 0]

All the ties to the home country are only for if he visited. The whole purpose of the K-1 is to allow an immigrant to enter the US WITH the intent of marrying and staying, since without it would be a violation of immigration law (to stay that is). That is why you cant just wander across the border now and get married sans visa...

Edited April 3, 2007 by msu17

[jaime+leo 0]

Oh.... Well that makes sense too. I was looking into advance parole when I got this idea in my head, I sure was mixing things up. So he shouldn't be afraid of looking like he's not going back to Canada, then, huh? Excellent.

Thanks

Edited April 3, 2007 by jaime+leo

[Otto 83]

Oh.... Well that makes sense too. I was looking into advance parole when I got this idea in my head, I sure was mixing things up. So he shouldn't be afraid of looking like he's not going back to Canada, then, huh? Excellent.

Thanks

Lol... no - once he has his K1, quite the opposite... It's kind of assumed you want to stay here and have to prove you want-to/can stay as a matter of fact..

Advance Parole - for example, he's here, you're married and filed for AOS (Adjustment of Status) but had to return to his home country (or leave for some reason) - you have to apply for AP so he can get back in because technically he's in what some call...THE DARK HOLE... (in limbo kind of) ..like another Hall Pass..

The ultimate Hall Pass...the holy grail...is... (music please)....The Green Card... comes much further down the road..

[YuAndDan 153]

K-1 is a Non-Immigrant visa with immigration intent, it allows the alien to visit for up to 90 days and marry, if a marriage happens in the 90 days they then can file to adjust status to immigrant, and while waiting for the approval of status adjustment they can live in the USA without penalty for overstaying the 90 day limit of the K-1.

Ties home to foreign country are not required, and the visa is handled just like any other immigrant visa both at the consulate, and at the POE.

More can be found here: http://travel.state.gov/visa/immigrants/ty...types_2994.html

[meauxna 15]

You're mixing things together - the K1 doesn't let people come here to live. Only to come here to marry.

A K1 Visa is a non-immigrant visa (aka Fiancé Visa) - it allows the foreign fiancé to enter the US for up to 90 days. Within that 90 days they must marry the petitioner (the US Citizen) AND file for AOS (Adjustment of Status) to an Immigrant status (or leave). Meaning it let's them come in, get married and file to stay permanently (like a hall/restroom pass in grammar school).

Skedaddling after getting married without filing for AOS (and/or Advance Parole) would cause you to have to start over, but this time on a different visa and the waiting starts over.

Great answer!

[athena_ny 1]

I've convinced myself that somewhere on the USCIS or NVC websites I read that a K1 only allows the fiance to visit, not to live, in the US--that is, to come to the US, get married, and skedaddle until his status is changed. Am I crazy? It doesn't make sense that the K1 wouldn't allow the fiance to actually stay, seeing as how it's impossible for him to leave the country and return without advance parole or a change of status.....

I want to make sure my fiance won't have a problem at the border whenever he does manage to get through this process. He will not be able to prove any ties whatsoever to Canada, since his student visa is up, his program is over, he doesn't have any family there, doesn't own property, etc etc. Like I said, over the past week or so I convinced myself that I read a K1 entrant has to be able to prove ties to the country he's leaving.

Someone just tell me I'm making things up! (Or, if I'm not making things up, tell me that too)

thanks

You are crazy. The K1 is a non immigrant visa with immigrant intent. You don't have to prove ties to your home country anymore because the understanding is that you're coming here to marry and adjust status. If this were the case, receiving EADs and AP wouldn't be such an issue - if you're coming to marry and go back and wait, what do you need that pesky employment authorization or advance parole for?