K1 without the intention on staying in the US

[Linda12345 0]

Hello,

 

My fiancé got denied on a tourist visa. We are planning on getting married but he does not want to move to the US. I will eventually move back to his country in 2 years. Given that he was denied with a tourist visa, can I file a K1 visa then get married? Is that possible knowing that he will not file for the status adjustment? Later can a B1 visa be guaranteed? We just want to opportunity to see each often before my big move. Any advice will greatly be appreciated. Thank you 

[Chris Duffy 1,257]

1 minute ago, Linda12345 said:

Hello,

 

My fiancé got denied on a tourist visa. We are planning on getting married but he does not want to move to the US. I will eventually move back to his country in 2 years. Given that he was denied with a tourist visa, can I file a K1 visa then get married? Is that possible knowing that he will not file for the status adjustment? Later can a B1 visa be guaranteed? We just want to opportunity to see each often before my big move. Any advice will greatly be appreciated. Thank you 

The most successful way I have seen this done. Is you get married and your non US Citizen gets a greencard.  Once they have greencard in hand you can go to the US embassy in his/her country and turn in the greencard. I have seen some couples do this and get a Tourist Visa approval.  It's a long drawn out way to do it.

 

Doing the K1 and getting married in the USA and not filing for AOS wouldn't be a wise move in my opinion.

 

There are a fair number of people whom use the K1 like a Tourist Visa, but again I would think it would be a black eye if trying to get a US tourist visa in the end.

 

Why can't you just go to there country and get married?

[Dashinka 24,924]

2 minutes ago, Linda12345 said:

Hello,

 

My fiancé got denied on a tourist visa. We are planning on getting married but he does not want to move to the US. I will eventually move back to his country in 2 years. Given that he was denied with a tourist visa, can I file a K1 visa then get married? Is that possible knowing that he will not file for the status adjustment? Later can a B1 visa be guaranteed? We just want to opportunity to see each often before my big move. Any advice will greatly be appreciated. Thank you 

Why go through the hassle of a K1 if you have no plans to adjust just to see each other once (K1 is single entry)?  Seems like a lot of work and money, just get married in the country where you want to reside.  Apart from that opinion, to answer your questions, a B1 denial will not affect a K1 application unless there was any misrepresentation on the B1 application or the interview.  A B1 is never guaranteed for anyone. 

[Crazy Cat 42,622]

No,a tourist visa is never guaranteed.......

15 minutes ago, Linda12345 said:

We just want to opportunity to see each often before my big move

A K-1 is not appropriate, and it should not be approved in your situation.  A K-1 is for LIVING IN THE UNITED STATES!!  It is not a tourist visa........If you want to spend time with him before you move to his country, then just meet in a 3rd country.......

 

Edit:  What you propose is misuse of a K-1 visa.

Edited February 28, 2018 by missileman

[Going through 5,671]

Simple plan would be for you to travel to visit him in his country.

Probably the cheaper plan too.

Definitely the easier plan considering all the hassle involved in a K1 visa.

Edited February 28, 2018 by Going through

[Crazy Cat 42,622]

To be blunt, filing for a K-1 because you " just want to opportunity to see each often before my big move" is one the most unsound reasons I have ever seen for filing.....it is a very long and expensive process.....

[Linda12345 0]

I also wanted him to have the opportunity to visit me in the US and experience the country. I am assuming that if the consul see that he was issued a K1 visa and refuse to stay in the Us , they will then know that know that his is not interested in stay in the US. The reason why he got denied in the first place was because he couldn’t prove his intention. Thank you all for the responses 

[AL-MJD 144]

I think people are very odd here.

 

Technically, you can apply for a K1 Visa without the intention of immigrating. The only thing is that the beneficiary can only stay for 90 days and must fly home before the 90 days is up.

 

Again, the letter of intent the couple need to send with their petition only needs to declare that they intend to marry within 90 days from the initial point of entry with the K1 Visa.

 

It's not a must to apply for a green card after marriage, guys. It's a must only if you want to adjust beneficiary status. 

 

I'm sorry, @Linda12345, that your fiancèe's tourist visa was denied. You should know he also has the choice to reapply for the tourist visa, though he has to make sure he has a lot more proofs that he has ties to his home-country and will definitely return there.

 

K1 is an option, but I truly believe the wait time is not worth it. And only for a one-time entry. Ask your fiancé to try again.

[yuna628 9,747]

Let's be clear about something:

 

A K1 does not have a stated purpose or requirement of intent to live in the US. However, most people that choose a K1, do this, because once married under the terms of a K1 and the law, the couple is allowed and provided the option to adjust their status and receive a green card. The couple in this case must reside in the US. Green cards are for living here, and not as a travel document. If this is not the couple's intent, then the foreign fiancé must return to their country after marriage and before the 90 days are up. After doing this however, the foreign spouse may not return unless the USC filed for a marriage visa. If the foreign fiancé cannot use the VWP or was denied previously, or attempted to obtain a visit visa and was denied previously - it is unlikely then as now a spouse that they would be thought of in a new light where it would be granted. I'd say that if he could not satisfy the intent of returning home as a fiancé when wanting to visit you, then satisfying the same intent before an IO as a spouse would have the same undesired result. Him returning home after marriage will have little effect in satisfying intent if that's what you're thinking.

 

K1s really are for those couples where the fiance is unable to meet the terms of visiting the USC in order to marry, or the couple is for whatever reason unable to marry in the foreign fiancé's home country. A K1 is NOT for visiting, is not a multi-use visa, and the purpose must only be to marry the fiancé and remain or marry the fiancé and return home. The amount of time it would take to obtain a K1 and requirements for doing so also probably would be nonsense for you to attempt.

 

OP: You stated in your first post that you want the ability to see your fiancé ''often'' before you move to his home country. This is not possible with a K1 visa.

 

If he is unable to visit you, then you must be the one to bear the burden to visit him. Follow his immigration laws, and marry in his home  country when you are both ready and able to do so. A K1 is absolutely not the right choice here.

Edited February 28, 2018 by yuna628

[Chris Duffy 1,257]

3 hours ago, missileman said:

To be blunt, filing for a K-1 because you " just want to opportunity to see each often before my big move" is one the most unsound reasons I have ever seen for filing.....it is a very long and expensive process.....

It is not uncommon for people to go this route, It is used a Tourist Visa.

 

While not the norm, I have seen more than one persons over the years from Philippines whom was denied a Tourist Visa use the K1 since it was much easier to obtain vs a Tourist Visa

[Crazy Cat 42,622]

5 minutes ago, yuna628 said:

A K1 does not have a stated purpose or requirement of intent to live in the US.

This is per the USCIS web site:

" Use this to petition to bring your fiancé(e) (K-1) and that person’s children (K-2) to the U.S. for marriage to you, or to bring your spouse (K-3) and that person’s children (K-4) to the U.S. to apply for lawful permanent resident status."

 

[TBoneTX 46,310]

The OP's question has been answered, and this thread is too close to discussing improper use of a K-1 visa, so the thread is closed.  Please avoid restarting or revisiting this topic.