American living in Russia, engaged to Colombian, want to marry in the US

[albym 3]

Hi Everyone,

 

I've been reading through the archives but I can't find a thread that describes my unique situation and I'm hoping that someone can guide me in the right direction. I'm an American male currently living and working in Russia. Prior to Russia, I lived and worked in Bogota for 5 years, where I met my fiance (a Colombian citizen). We've been a couple for over 5 years know and even lived together for my last 1 1/2 years in Bogota. Because my fiance is finishing up her Bachelor's degree in Bogota (she graduates in Dec. of 2018), it was decided that we would marry in the USA sometime in early 2019, after completing her degree. After, she would join me in Russia.  So we've been doing the long distance thing since July, 2017 when I left Bogota. 

 

My plan was to file for a K-1 visa because I'd like to marry her in the USA with my family around and I figured it would be less complicated since she doesn't want a wedding in Colombia.  I understand that she would have to stay in the States for a while after getting married for the advanced parole. But after, our intention is to live together in Russia for at least the next few years. I should mention that I work in different countries around the world for my job and tend to move countries every 2-5 years. I don't plan on moving back to the USA until I retire, some 20 years away, but I'd like to be able to visit the US with her once a year (without her having to apply for a tourist visa every time).

 

I read somewhere, though, that the K-1 visa is appropriate only if both the Petitioner and the Beneficiary plan to live in the USA. So now I'm not sure if the K-1 visa the way to go given my unusual circumstances.  I'd really appreciate some feedback from those in the know.  Thank you! 

[Villanelle 4,122]

There is no process for what you want.

 

If you do the K visa she would enter on the K and then you have to pay apx1000 bucks to apply for AOS. She can not leave the US until she gets her AP/EAD card which will be 3-4 months after you apply for AOS. With that card she can leave the US and return. But she will be a permanent resident. A green card holder. She must have her permanent residence be the US. So you can not move overseas and simply come back to visit every year or so. She needs to actually reside in the US. There is no visa for being married to a USC and residing overseas that allows you to travel back on vacation every so often. She would have to be a citizen to do that, so youre looking at 3 years of living in the US after she gets her GC from the K visa which takes about a year. Are you prepared to be in the US for 4 years to wait for her to get citizenship? If not then thats not the path for you.

 

She can become a perm resident and apply for re entry permits which means basically her permanent home is in the US but for whatever reason she is going to be overseas (with your job) for period of 1 year. However there is no guarantee she can get a re-entry permit. And youd have to maintain a residence in the US which Im not sure you are currently doing.

[britishandusa 446]

After adjustment of status and your fiancee becomes a legal permanent resident, she can't stay out the U.S for more than a year.

[albym 3]

Thanks for both your responses. Sounds like getting married in the US doesn't really make any sense for us then, given our goals (to live outside the US). I am definitely not prepared to return to the States for years to live just so that she can eventually visit with me more easily. Thus, I guess the best thing to do would be to marry her in Colombia, have her move to Russia (my employer would take care of her Russian spousal visa), and then have her apply for tourist visas to the US once a year. Is that about right?

 

Yes, while I am a US citizen, I am a Russian resident now (legal with work visa). I do own property in the USA and have a US address for correspondence. 

Edited January 28, 2018 by albym

[Illiria 980]

2 hours ago, albym said:

have her apply for tourist visas to the US once a year. Is that about right?

She most likely wouldn’t have to apply for a new visa each year or each visit as they tend to issue a visa that over 5 or 10 years allows you to have multiple entries. That isn’t guaranteed as some are only granted a one year visa that has one entry allowed on it or no visa granted at all. 

[albym 3]

Thank you, Illiria. I have a lot to think about now given my limited options. On top of it all, I've been learning that it's actually quite difficult for any Colombian to get a tourist visa to the US if they don't have enough so-called "ties to Colombia" like property ownership, great job, lots of money in the bank, solid connections, etc. etc. So that basically eliminates 80-90% of Colombians right off that bat. I guess I'll have to wait until she graduates from college, gets a job with me outside in Colombia, work for a few years to save a decent amount of money and build up credibility (longetivity) in her job, and then maybe Uncle Sam will deem her worthy of a trip to visit her in-laws and my extended family. 

 

I thought it would be an advantage that we don't want to stay in the US, but just to marry there in front of my family and to occasionally visit, however, it appears like they don't want to bother with us if we're not going to stay in the US after marriage. 

[Boiler 45,525]

So she needs a visitor visa, I will ask one of our friendly mods to move this thread to the correct forum.

[Michelle13 39]

If you were wanting a wedding in the USA with the intent of her not staying, she could just come as a tourist for the marriage and then leave once you've married/the tourist visa expires.  I would recommend making sure you have evidence supporting that you don't intent to live in the US and have strong ties elsewhere at her POE.  

 

 

[Sarah&Facundo 595]

You definitely do not need to have intention to live in the US if you want to get married in the US. I would not get the K1 visa if you guys plan on leaving. She would need to maintain permanent residency for a long time.

 

She CAN get a tourist visa and you guys CAN legally marry in the US. Many people do this and it is completely legal as long as you have intentions to leave within her allotted 90 days when presenting yourselves at US immigration.

 

With that said, it is certainly not impossible to get a tourist visa. She needs to show ties or proof she will leave, yes. Her studies, especially because she isn't that far off from graduation, could be a good link. That is pretty much what my fiance used to get his tourist visa from Argentina when he came to visit me (prior to getting the K1) and he was approved. He does not own property or anything. He lives at home with his parents. She doesn't know until she tries, right? I live in NYC and have a lot of Colombian friends who visit me that don't have the strongest of ties.

Edited January 29, 2018 by Sarah&Facundo

[TBoneTX 45,304]

Thread is moved from the K-1 Process forum to the Tourist Visas forum.