k1 visa risk

[Sedward 0]

Hello, my fiance is currently staying with me on a tourist visa and we have considered getting married here before her duration of stay is finished. Recently she has had some issues where she resides and has considered going back to take care of those issues and try to return on a K-1 visa. I am worried that it is risky and we could be denied. I know our relationship is legitimate but I am sure we check some of the typical red flags. 

 

1. I've been married to someone I brought on a K1 before. 

2. She is finishing a long divorce

3. She's of a different religion and resides in an oppressive country

4. She's entered the United States as a tourist on multiple occasions. 

5. She has not met my family in person

 

She has been told it will be an easy process that takes less than a year but I know that it will likely take longer and we could be positioned for a denial. 

 

Does anyone have any thoughts on this?

[EandH0904 1,184]

Sure. She's staying with you on a tourist visa. Have her meet your family in person. 

Wait for awhile after her long divorce. She can enter and visit you again. Many people with multiple visits as a tourist doesn't show anything negative, just shows that you have more of a bonafide relationship with frequent visits. However, she should NOT like to border control when she enters the country. If they ask the reason for her visit, she should say visiting her boyfriend/fiance (whichever you are). She does not want to lie, or later when you do apply for K1 or CR1 or anything else you decide to apply for, they can realize that she was visiting you and lying to them about it. 

 

Many in the US marry of a different religion. If you are concerned about possibility of a denial, I would definitely have more visits, wait longer, have her meet your family and you meet her family. If it's right now, it will be right then. 

[RJandHamid 1,133]

1. Shouldn't be an issue

2. Is the divorce finalized? You must both be free to marry before filing the I-129F.

3. Might not make much of a difference depending on the religion/country. My husband and I do not share the same faith and it was never brought up at the interview.

4. Shouldn't be an issue as long as she has never overstayed

5. Might be questioned at the interview, but not a flat out reason for denial.

 

Processing time for the K-1 visa is anywhere from 7-9+ months these days. With that said, if you get married while she is still here on her tourist visa, you will need to file a CR1 spousal visa. The CR1 visa takes around 9-12+ months to be processed. Alternatively, you could get married while she is here, and file for her to adjust status, however she wouldn't be able to return to her home country while her AOS is being processed.

[Sedward 0]

Thanks for the response. If she leaves I am not sure if she will have an opportunity to meet my family. I may be able to meet hers. She resides in Saudi Arabia (She is not Sauid) so she will have to get permission from someone to leave the country to visit me. It also makes it nearly impossible to visit her there. We will have to meet in a neutral country.

[C-ma'am 684]

You won't be able to marry her or start the K1 visa until her divorce is final, that's for sure.

Edited October 24, 2017 by C-ma'am

[useful89 692]

Can she give power of attorney to someone to represent her in the country where's she getting a divorce, so she doesn't have to go back? If I were you, I would consider the k1 as the last resort. 

[Sedward 0]

1 minute ago, useful89 said:

Can she give power of attorney to someone to represent her in the country where's she getting a divorce, so she doesn't have to go back? If I were you, I would consider the k1 as the last resort. 

There is actually already a court date for the end of the month and to my knowledge, she does not have to be present. This has been in motion for some time. 

 

I think the sticky point is how long it will take for the AOS will take.