2 Simple K-1 Fiance Questions

[fishj 3]

Hello!

I am an American living in Morocco. I would like to marry in the USA but return back to Morocco for a few years before returning to the USA.
Questions:

1. Is it even possible to file a K-1 visa to get married and leave (not stay to live in the USA as I currently work in Morocco)?
2. To turn in the petition - do you have to mail it in physically IN the USA or could I mail that from Morocco?
 

[Jaquelly 1,647]

Why file for a K1 visa if you want to return to Morocco and work? That is not what the visa is for. It is to marry and remain in the USA. 

Edited September 10, 2018 by Jaquelly
missed the USC part

[fishj 3]

Financially it will be difficult to move after getting married. 
I would like to bring my fiance to USA to visit but was told it would be very difficult for him to be approved so I figured it would be easiest to take this route. Plus I would like to have the ceremony in USA. 

[Jaquelly 1,647]

It's a pretty expensive visitor's visa. You have to prove that you have domicile in the US and that you're earning enough money, etc. 

 

@geowrian might be able to shed more light. I'm pretty sure this can't be done...

[Roel 7,192]

If you don't want to move to the US permanently with your fiance then really don't bother with k1 visa... each visa is meant for something else and k1 visa is not for visiting. 

[Ben&Zian 4,398]

Just now, fishj said:

Financially it will be difficult to move after getting married. 
I would like to bring my fiance to USA to visit but was told it would be very difficult for him to be approved so I figured it would be easiest to take this route. Plus I would like to have the ceremony in USA. 

 

Waste of time and money. And even the K-1 can be denied and is a lot in Morocco even with you living there. Nothing is guaranteed.

 

And the K-1 visa is used to get permanent residency for the immigrant... if you stay them both leave again for a long time it could just be considered abandoned and there, then stuck having to start all over again with a spousal visa if ever wanted to come back again.

 

Has your fiance attempted to get a tourist visa? Doesn't hurt to try other than paying the fee.  

 

Only way your idea might work is if you were to successfully get the K-1 visa, then come to the US, marry and remain for about 4 years... he could then gain US citizenship and then you could move around the world all you like... but until then, he would be at risk of possibly abandoning his residency as a green card holder.

[fishj 3]

5 minutes ago, Ben&Zian said:

 

Waste of time and money. And even the K-1 can be denied and is a lot in Morocco even with you living there. Nothing is guaranteed.

 

And the K-1 visa is used to get permanent residency for the immigrant... if you stay them both leave again for a long time it could just be considered abandoned and there, then stuck having to start all over again with a spousal visa if ever wanted to come back again.

 

Has your fiance attempted to get a tourist visa? Doesn't hurt to try other than paying the fee.  

 

Only way your idea might work is if you were to successfully get the K-1 visa, then come to the US, marry and remain for about 4 years... he could then gain US citizenship and then you could move around the world all you like... but until then, he would be at risk of possibly abandoning his residency as a green card holder.

Do you know if it would be better if he filed being single or stating that he is married to an American? (provided that we get a Morocco) 

There is so much corruption in Morocco that I don't know which would give him better chances of being approved.

[Kastrs 723]

Yes people have done it in the past 

it is possible to apply for the k1 to use it for the purpose of getting married in the US  and then leave

 

 

you will need to mail the petition into the lockbox

[Kastrs 723]

8 minutes ago, Ben&Zian said:

 

Waste of time and money. And even the K-1 can be denied and is a lot in Morocco even with you living there. Nothing is guaranteed.

 

And the K-1 visa is used to get permanent residency for the immigrant... if you stay them both leave again for a long time it could just be considered abandoned and there, then stuck having to start all over again with a spousal visa if ever wanted to come back again.

 

Has your fiance attempted to get a tourist visa? Doesn't hurt to try other than paying the fee.  

 

Only way your idea might work is if you were to successfully get the K-1 visa, then come to the US, marry and remain for about 4 years... he could then gain US citizenship and then you could move around the world all you like... but until then, he would be at risk of possibly abandoning his residency as a green card holder.

Just an FYI sometimes this is the only option for people, and I know of people who have applied for the k1 just for the purpose of getting married in the US without intent to adjust status, if the goal is a US wedding, it is worth it to those who cant otherwise come for a wedding

the k1 does not require AoS

[fishj 3]

1 minute ago, Kastrs said:

Yes people have done it in the past 

it is possible to apply for the k1 to use it for the purpose of getting married in the US  and then leave

 

 

you will need to mail the petition into the lockbox

Can you mail it to the lockbox FROM Morocco or do you have to be in the States when you mail it. 

[Crazy Cat 41,902]

17 minutes ago, fishj said:

Hello!

I am an American living in Morocco. I would like to marry in the USA but return back to Morocco for a few years before returning to the USA.
Questions:

1. Is it even possible to file a K-1 visa to get married and leave (not stay to live in the USA as I currently work in Morocco)?
2. To turn in the petition - do you have to mail it in physically IN the USA or could I mail that from Morocco?
 

A K-1 is not appropriate in your situation.  Your options are:

1. Your fiance applies for a tourist visa.  If approved, fiance comes to US, marries you, then returns to home country.

2.  You marry outside the US.  Later, you can apply for a spousal visa.

 

[Kastrs 723]

Just now, fishj said:

Can you mail it to the lockbox FROM Morocco or do you have to be in the States when you mail it. 

go ahead an mail from morocco, just make sure you have the fee in USD from a check with a US bank or us money order

[Ben&Zian 4,398]

1 minute ago, fishj said:

Do you know if it would be better if he filed being single or stating that he is married to an American? (provided that we get a Morocco) 

There is so much corruption in Morocco that I don't know which would give him better chances of being approved.

 

It's Morocco, so either can be seen as bad I suppose... Couldn't answer which way would be better; but filing for the I-129f and paying that much money (filing cost, medical, embassy fee, other small things.)

 

You can do it if you want to; but again just applying for it doesn't mean in the end it wouldn't be denied and then all the time and money is gone so it's up to you.

[Crazy Cat 41,902]

Seems like a great deal of money and effort for a glorified tourist visa.  

[Jaquelly 1,647]

7 minutes ago, Kastrs said:

Just an FYI sometimes this is the only option for people, and I know of people who have applied for the k1 just for the purpose of getting married in the US without intent to adjust status, if the goal is a US wedding, it is worth it to those who cant otherwise come for a wedding

the k1 does not require AoS

 

So the goal can be a US wedding - neat. The person clogs up the system for those of us who want to get married and live in the US with our spouse. That's NOT what this application is meant for and it slows it down for the rest of us.