Foreign Fiance in USA without Me

[payxibka 10,045]

11 minutes ago, Naes said:

It is so incredible how they can leave us with conflicting information till the very end of this process...

 

But as you said I think logic does not apply to any part of this process 

The more I think about this the more I would be in the "camp" that the petitioner does not need to be present because...

 

1) If it is all about reuniting families, the K-1 is not yet family

2) She cannot become family until the petitioner arrives and they get married

3) She cannot adjust status to resident until the petitioner arrives, if the petitioner does not arrive within 90 days in order to be married then the k-1 must leave, which is quite different that someone arriving on a immigrant visa

[Naes 12,205]

3 minutes ago, payxibka said:

The more I think about this the more I would be in the "camp" that the petitioner does not need to be present because...

 

1) If it is all about reuniting families, the K-1 is not yet family

2) She cannot become family until the petitioner arrives and they get married

3) She cannot adjust status to resident until the petitioner arrives, if the petitioner does not arrive within 90 days in order to be married then the k-1 must leave, which is quite different that someone arriving on a immigrant visa

I was just thinking the same.

 

immigrant wise says "residency" which has nothing to do with k1 until the time of adjustment.

[Limey 551]

As others have said, strictly speaking k1 is not an immigrant visa.

 

When I entered the USA on my K1 visa I was never asked whether my fiancee was in the USA at that time. She was in the USA, but I don't see how immigration would be able to know that. All they asked me was whether I understood the terms of my visa (marry within 90 days else leave).

 

I read all the k1 guidelines in details to make sure we got no RFEs or other problems. I don't ever recall seeing anything that said my fiancee had to be present in the USA at the point I enter the country. Would be interested to know if there is such a rule relating to k1.

Edited February 19, 2018 by Limey

[JFH 12,190]

For a spouse visa (IR-1/CR-1) the USC has to be physically present in the USA when the immigrant arrives (or they can arrive with them, but not after). The I-864, which is required for spouses, asks the petitioner to sign under penalty of perjury that they will adhere to this. But there appears to be no such requirement for a K-1. Probably because most USCs living overseas with their non-USC loved one don't go down the K-1 route. They usually marry and go for CR-1 so that their spouse is a permanent resident immediately. 

[kris&me 572]

and how do they know the finance is not in the US?

i was traveling back with my husband after interview and visa approval

we could not get on the same plane and i had already booked round trip

my plane landed after his (i am USC)

my son picked him up and took him home 

i came in about 11 hours later

[Jorge V 195]

4 hours ago, kris&me said:

and how do they know the finance is not in the US?

i was traveling back with my husband after interview and visa approval

we could not get on the same plane and i had already booked round trip

my plane landed after his (i am USC)

my son picked him up and took him home 

i came in about 11 hours later

 

5 hours ago, Limey said:

She was in the USA, but I don't see how immigration would be able to know that

I imagine USCIS and CBP know easily enough whether or not a person is in the US, unless they sneak out. Obviously, when you arrive from abroad you go through inspection and your entry is logged in the system. That info should be immediately available to any CBP officer. So if the US citizen enters at 12:00 in NYC, and the fiance at 14:00 in Philadelphia, the system should easily be able to show that the US citizen spouse has entered. Whether they would go through all this trouble I don't know, but they do have the capability.

 

As far as the US citizen leaving the country, CBP also tracks that. Mexico and Canada share immigration information with the US, so if you drive to either country CBP will know. Airlines are required to pass along passenger information on trips exiting the US. That's why airlines ask you for your passport info when checking in or at the gate. This is also why the US doesn't have exit inspections (though that may change), yet still knows whether a tourist has or hasn't overstayed their visa. I'm not sure how it works for international travel via boat, but I imagine it's similar.

 

So in short, CBP is 100% aware whenever you leave the country by land or by plane, and presumably aware if you leave by boat. They are also definitely aware of when you enter the US, as you have to go through them. So unless you managed to sneak out of or into the country, the government (CBP, USCIS, etc), definitely knows whether or not you are in the US.

[kris&me 572]

Of course they have the ability to look it up / scanned code bar and computers

but no one checked to see i was here when my husband came before me

i even left 5 days after he arrived for a business trip to Europe and returned by way of business in Iowa

the important thing at POE is the person knows where the USC lives and has plane tickets to forward to that city if the POE is not the city of residence of USC

[doggieandsam 765]

this can be done. i know of another K1 beneficiary who entered the US a few months before her USC fiance. like you she was worried about this entering before or together rule but she had no issues entering. but this is not to say that doing so will be successful in all cases so there is some risk involved about CBP turning your fiancee away, just so you are aware.

[ritbo 14]

11 hours ago, Roel said:

This has been asked and answered many times on this forum. Using common sense - fiance visa is meant to reunite us citizen with their fiances.  If the U.S. citizen is not in the US then there is nothing to reunite - you need to travel before or with her. 

Common sense is like hearsay evidence and it is something that is not necessarily applicable to the law so if you are very confident with your answer, I suggest you cite the law or source first to support your answer to the OP's question.

 

I assume that the OP's fiance has an approved K-1 fiance visa. An alien can travel and ask permission to CBP using the K-1 Fiance visa and is given 90-days of authorized stay to marry within the validity of the alien's stay. The main concern is whether the alien fiance will marry the US citizen petitioner within the allowed 90 days in the US and it is not a question whether the US citizen is not present in the main land yet after the alien's arrival but not after 90 days of the alien's arrival. The K-1 status recognizes three lawful scenarios: (1) after marrying within 90 days and adjust status; (2) after marrying within 90 days and leave the US; and (3) leave the US after deciding not to marry.

 

If the alien chooses route #1, then good. Other activities of both persons are not relevant since they are free to lawfully do what they can please (i.e. US citizen to travel out, etc.), the US constitution grants them that freedom. In the case of ROC supporting documentation, if the US citizen is working abroad and support the family, then that is sufficient evidence of bonafide marriage. The moral lesson here is that each case of any individual is unique and different.

 

Now let's talk common sense and correct me with sources if I'm wrong, is there any law, regulation, act of congress, executive order, department order, judicial precedent or statute that prohibits the alien to receive immigration benefit if such conditions were all lawfully met (including not being a public charge, not committing any deportable crimes, filed tax returns, etc.) yet the US citizen is traveling overseas and marital ties are still present?

[Nitas_man 3,100]

11 hours ago, Naes said:

I'm sorry. Even though I understand the above answer, I don't get the logic behind it too. What if my fiancé had to go to business trip right when I'm going?? I personally don't see a problem but maybe you can actually ask embassy or cbp(cbp actually answers questions)

I do not know if the rules for K1 are the same rules that apply for CR/IR but I know for SURE that in the case of DCF the USC petitioner has to either precede or accompany his/her spouse to the US.

[payxibka 10,045]

3 hours ago, Jorge V said:

 

So in short, CBP is 100% aware whenever you leave the country by land or by plane, and presumably aware if you leave by boat. They are also definitely aware of when you enter the US, as you have to go through them. So unless you managed to sneak out of or into the country, the government (CBP, USCIS, etc), definitely knows whether or not you are in the US.

No they don't...  US does not have exit controls.  It's possible via air/ship manifest they know but not if you depart by land

[Nitas_man 3,100]

1 hour ago, ritbo said:

 

Now let's talk common sense and correct me with sources if I'm wrong, is there any law, regulation, act of congress, executive order, department order, judicial precedent or statute that prohibits the alien to receive immigration benefit if such conditions were all lawfully met (including not being a public charge, not committing any deportable crimes, filed tax returns, etc.) yet the US citizen is traveling overseas and marital ties are still present?

All I know is that we've been married 11 years, we're executing/activating a visa in March, and I gotta go with her.

[payxibka 10,045]

15 minutes ago, Nitas_man said:

All I know is that we've been married 11 years, we're executing/activating a visa in March, and I gotta go with her.

It is a known that an immigrant visa requires..  OP is a K-1

[Nitas_man 3,100]

1 minute ago, payxibka said:

It is a known that an immigrant visa requires..  OP is a K-1

Yeah I know.  Not much information there on K1. 

 

If it isn't written anywhere it implies that it probably doesn't matter if the petitioner is in the US or not.

[Naes 12,205]

32 minutes ago, Nitas_man said:

Yeah I know.  Not much information there on K1. 

 

If it isn't written anywhere it implies that it probably doesn't matter if the petitioner is in the US or not.

Yes  and according to the website k visas (as they are non-immigrant) is different than immigrant visas..

 

thats why why we discussed and found official information. And also that these two visas are different.

 

one has residency the other has not.hence the entry rules also written differently