2 Visas same time not sure about this!!

[greg1984 19]

Wanted to run this one by everyone.  My fiancée REALLY doesn't want to leave South Africa so we go back and forth daily about how we are going to be together as long story short she has some issues at work that make it a bit uneasy for me to go to her at least until her employment situation settles out a bit.  She brought up the idea of why don't we get married and both simultaneously apply for each others spousal visa.  I don't think this can work because you must prove to the US Government that you intend to actually use the visa and not just put it in your back pocket while I get my SA visa and look for jobs there etc.?  I don't know but it seems that they wouldn't look kindly on just "shopping" around for a country?  Thoughts?

[LionessDeon 2,060]

Sounds kind of expensive.  On one visa application your stating you want to live in USA, on the other South Africa.  Sound like a contradiction that could cause problems with approval.  This doesn't sound like a great idea.

[Ben&Zian 4,398]

Technically neither country might know about the other visa... Don't think SA and USA share immigration stuff... sounds more like the two of you need to mainly discuss what you both want. Do you want to just move to South Africa to be there with her? Or would she prefer to come to the USA to be with you here...

 

I wouldn't waste the money on filing for different visas knowing you probably won't use one or the other... seems you need to figure out what you both want more than anything before worrying about a visa..

[Roel 7,192]

If she really doesn't want to move to the US, I see no reason why you should waste the money on the US spouse visa. It's not cheap or easy process and if that visa will never be used, then why bother? Even if she would use the visa to come to the US, she HAS to stay there and establish residence. So she should be ready to move permanently. Going back and forth between countries will results in her green card being taken away.

 

You need to figure out where you want to live together. Maybe some third country would be the best "compromise" option?

[GreatDane 366]

No - One cannot simply 'shop' for visas. There must be proof and intent to stay in the country permanently. The CR1 process takes a year before she can enter (in case you get married before filing) and the K1 process is more expensive, but requires less time apart and more time waiting for paperwork before she can enter. It also requires months where she wouldn't be able to leave the country.

 

Immigration isn't a quick decision, but rather a commitment to one another that requires sacrifice to be together. I wouldn't start any process without being 100% in agreement on where you will live and without a clear understanding of the process. Once you start the process, it would be more than five years before you could move outside the US without abandoning the process entirely. Leaving the US for more than six months in any twelve month period constitutes abandonment of immigration status. It also costs thousands upon thousands of dollars.

[Unlockable 7,314]

Technically she is right. It can be done to where you two can each apply for a spousal visa for the other's country. Technically.

 

Morally, you are right when you say you shouldn't go through the process simply to "put in your back pockets." It is a waste of resources. Immigration is already under resourced. 

 

Take the time to discuss and make a definite decision before taking the journey. That way it would be one less "just in case we want it" case either the US or SA has to worry about. 

Edited March 1, 2017 by NuestraUnion