2 Simple K-1 Fiance Questions

[Jaquelly 1,647]

4 minutes ago, yuna628 said:

There is nothing borderline fraud in using a K1 visa (if it is approved... and honestly they will likely have an uphill climb here.. so don't worry too much) for the intended purpose of marrying in the US. That is it's purpose. There's nothing in the law itself that states the OP is doing anything illegal with the visa in using it for it's stated purpose. Of course, obtaining it will be half the battle... it's also probably an expensive plan, and could prove fruitless, but if they've got the money to burn...  you know?

 

Their application isn't going to clog the system any more than anyone else's, and since they do not intend to use it afterwards to stay and adjust, it will provide less of a clog in the future, if successful of course. A K1 is under no legal obligation to stay and adjust, that's simply just how it works. The law merely provides the option for the K1 to stay and adjust if they want to (contrast that with a UK marriage visitor visa which does not provide that option at all). If that's not in the interests of this couple's situation, then they do not have to do so.

 

Thanks for clarifying.

 

I wasn't speaking to them specifically, I was more or less just shouting into the universe that the K1 process is a PITA, why oh why would anyone want to do this if they didn't intend to stay and finish it? After everything we've all gone through, I just get blunt. It's expensive. It takes a long time. If you're from a high fraud country, you might not get approved. If you don't want to live here, why pay the money that you're going to have to pay at this point? There are other options. This is not the one you want.

 

Admittedly, I do think that it's kinda crappy to use a K1 if you don't plan to live here, if only because darn it, I've been through it, and I can't even fathom wanting to go through with all of the paperwork, evidence and embassy stuff to ultimately NOT live here. 

 

Sorry to @fishj and @Kastrs. I'm an angry little elf. I just want the best for everyone. 

Edited September 10, 2018 by Jaquelly
i was wrong

[Kastrs 723]

34 minutes ago, fishj said:

My goal is NOT for it to be a US wedding. It is to avoid the extreme unfair laws that Moroccan men have over women. For example, with a Moroccan marriage, a woman must get their husbands approval to leave the country with their kids if she wants to travel with them and also the men have more control/power over the bank accounts. THAT is why my fiance and I want to have a US marriage. He doesn't want me to lose any of my rights.

you should be able to list all these rights in your nikah 😁

[Jeanne Adil 1,651]

most K1 in Morocco are denied / check the stats o the USCIS website

u need US residency to apply / hope u r filing US tax returns / check IRS site

u r thinking to come on a k1 and retrun without AOS for the green card meaning when u wanted to return to the US , u would have to apply for spouse visa

why do this

cheaper to bring your parents to morocco for marriage celebration

and the moroccan dresses you would wear are much more beautiful / i had 3

[mfranc68 31]

1 hour ago, fishj said:

My goal is NOT for it to be a US wedding. It is to avoid the extreme unfair laws that Moroccan men have over women. For example, with a Moroccan marriage, a woman must get their husbands approval to leave the country with their kids if she wants to travel with them and also the men have more control/power over the bank accounts. THAT is why my fiance and I want to have a US marriage. He doesn't want me to lose any of my rights.

I don't want to bust anyone's bubble, but in the U.S. it is highly recommended to have the permission of BOTH biological/legal parents to travel with minor children.

 

https://help.cbp.gov/app/answers/detail/a_id/3643/kw/single parent travelling with children/session/L3RpbWUvMTUzNjU5NzM5Ni9zaWQvb1I1Q3VyV24%3D

Edited September 10, 2018 by mfranc68

[RJandHamid 1,133]

1 hour ago, fishj said:

My goal is NOT for it to be a US wedding. It is to avoid the extreme unfair laws that Moroccan men have over women. For example, with a Moroccan marriage, a woman must get their husbands approval to leave the country with their kids if she wants to travel with them and also the men have more control/power over the bank accounts. THAT is why my fiance and I want to have a US marriage. He doesn't want me to lose any of my rights.

Even if you marry in the US and then go back to live in Morocco, Moroccan laws can still apply to you if you live in Morocco and are married to a Moroccan. And indeed he does have control over some of the rights (like needing his permission for his/your child to leave Morocco). Bank accounts and inheritance are other common issues, but you will need to face those problems no matter where you marry should you decide to live in Morocco together. 

[SalishSea 17,843]

As a lurker, I was curious about this.  Wouldn't local laws pertaining to marriage apply while living there, regardless of where the marriage took place?

7 minutes ago, RJandHamid said:

Even if you marry in the US and then go back to live in Morocco, Moroccan laws can still apply to you if you live in Morocco and are married to a Moroccan. And indeed he does have control over some of the rights (like needing his permission for his/your child to leave Morocco). Bank accounts and inheritance are other common issues, but you will need to face those problems no matter where you marry should you decide to live in Morocco together. 

 

[usmsbow 801]

OP- I wouldn't worry too much about people saying Morocco has a high % of K-1 rejections. While that info is true, those rejections generally aren't people in your circumstances. I don't know the age difference between the two of you, but assuming it is not that large (less than 10 years), then I think you have a good shot at getting approved since you two live in the same country and I assume you could demonstrate close ties to one another...

 

I would personally suggest him going for a tourist visa, and if that doesn't work, then maybe go for the K-1. Good luck!

 

 

[Orangesapples 1,954]

When you apply for a K1 visa both you and your fiance sign letters of intent that you intend to marry within 90 days of entering the US. There's no requirement that you intend to AOS, too. It's a DUAL intent visa, meaning that there's no requirement to intend to stay. So you'll be fine

[Orangesapples 1,954]

3 hours ago, Jaquelly said:

It's not my fault, or any of our faults, that we don't want the K1 visa to be used inappropriately just because someone doesn't fulfill the criteria of a visitor or work visa. It's borderline fraud if you ask me, and I don't condone it.

It's none of your business if people use their legal options to suit their needs

[Jaquelly 1,647]

Just now, Orangesapples said:

It's none of your business if people use their legal options to suit their needs

Thanks for coming back hours later to tell me you disagree? I apologized later on and clarified my position.

[TM92 527]

3 hours ago, fishj said:

My goal is NOT for it to be a US wedding. It is to avoid the extreme unfair laws that Moroccan men have over women. For example, with a Moroccan marriage, a woman must get their husbands approval to leave the country with their kids if she wants to travel with them and also the men have more control/power over the bank accounts. THAT is why my fiance and I want to have a US marriage. He doesn't want me to lose any of my rights.

When the marriage process in a country (i.e. Morocco, Philippines, etc.) is cumbersome, marriage in a visa-free country (i.e. Hong Kong, Macao, etc.) is an alternate option, https://www.passportindex.org/comparebyPassport.php?p1=us&p2=ma&fl=&s=yes

http://www.discoverhongkong.com/us/see-do/tours-walks/guided-tours/explore-hong-kong/hong-kong-wedding-tour.jsp

[Liflead 112]

4 hours 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?
 

As others suggested, K-1 is not the option if u wanna marry in US and leave.

 

It also depends on what is ur other purpose. Whether it's just the marriage or u want to get ur fiance a permanent residency. On K-1 visa ur fiance cud enter the US and get married to u but to apply for residency u and ur fiance will have to live in US and it takes time to get a conditional green card. 

 

To send the I-129F petition, u don't need to be in the US. U can send it from any part of the world as long as it reaches USCIS.

 

I guess to have ur domicile, u need to have a permanent address. Also read about spouse visa. See if that fits ur requirements. All the best.

 

 

[ClickityClackity 134]

5 hours ago, fishj said:

My goal is NOT for it to be a US wedding. It is to avoid the extreme unfair laws that Moroccan men have over women. For example, with a Moroccan marriage, a woman must get their husbands approval to leave the country with their kids if she wants to travel with them and also the men have more control/power over the bank accounts. THAT is why my fiance and I want to have a US marriage. He doesn't want me to lose any of my rights.

Why don't you go and get married in Spain? Flights are pretty cheap and I'm ordained. 

[geowrian 22,337]

Yes you can use a K-1 to marry in the US and leave within the 90 days. There's no fraud atr involved there.

But dang...it's a long, expensive, and frustrating process for a single-use, short-term tourist visa equivalent in your case. The decision is yours, but seriously look at other options to save yourself the money and headache.

[Diane and Chris 651]

1 hour ago, geowrian said:

Yes you can use a K-1 to marry in the US and leave within the 90 days. There's no fraud atr involved there.

But dang...it's a long, expensive, and frustrating process for a single-use, short-term tourist visa equivalent in your case. The decision is yours, but seriously look at other options to save yourself the money and headache.

So the petitioner doesn’t have to reside in the US and have any intention of doing so in the next few years?  They only have to be a US Citizen?