K1 visa but working in Asia

[Waterwonder 0]

My long-term girlfriend from Thailand and I are planning to get married and move to the US after I retire in 5 years. I currently work in Asia. She was recently denied a tourist visa to visit the US so we are considering applying for a K1 visa since we do plan to get married but want her first to have a chance to meet my family and experience life in the US. There seems to be an assumption when applying for a fiance visa that you are planning to stay in the US and apply for a green card. My questions are  (1) if there will be any problems applying for a K1 visa when we are planning to return to Asia?, (2) if this might cause a problem if after we get married she wants to apply again for a tourist visa so we can visit the US, and (3) if this might cause a problem when we do want to move to the US and apply for a K3 visa.

 

Thanks much in advance for the replies.

[Roel 7,193]

Of course there is an assumption that you need to get married and stay in the US when using K1 Visa. That's the whole point of it. It's not a tourist Visa with extra benefits. K1 is NOT for visiting and checking out life in the US. 

 

1. Probably. It's not a tourist Visa. Why would embassy issue you this Visa if you're not planning on using it correctly?

2. She already got one b2 denied. Now you'll waste k1 Visa to get married and return to Asia. Her chances of ever getting a tourist Visa with that history + USC husband will be close to zero.

3. K3 Visa doesnt exist anymore. You will need cr1 Visa. 

 

Edit. Not to mention for K1 Visa you will need an intent to establish domicile or domicile in the US. You clearly wont have that. Another reason why embassy wont issue k1. Hope at least you're filling your US taxes like you're suppose to. 

Edited June 22, 2019 by Roel

[Waterwonder 0]

Thank Roel for the helpful comments. I have a house and established residency in the US and typically spend several months back home each year. I am curious that if the purpose of a K1 visa is not to give a chance for a fiance to check out life in the US before getting married (which of course is a big commitment especially for a potential immigrant), then why does it exist at all. Why not just require couples to get married first and apply for a cr1 visa? There is no intention from our end to use the visa wrongly since we are planning to get married. We are just not planning to settle in US right away since my job is in Asia. Thanks again.

[Unlockable 7,315]

Unfortunately, the K1 visa is not a "try and see" visa. It is for people who are definitely ready to be married.

 

If she comes on a K1 and goes back. You pretty much have to start all over. Seems like a waste of time and money if you are not sure you want to go through this process. A B2 after a failed K1 is not going to happen. The reason for B2 denials is because the applicant did not prove they don't have immigrant intent. Your fiance applying for a K1 after this denied B2 is going to be on record.

 

Quote

I am curious that if the purpose of a K1 visa is not to give a chance for a fiance to check out life in the US before getting married (which of course is a big commitment especially for a potential immigrant), then why does it exist at all. 

It is for people to have time to plan and do the wedding. The 90 days is to check out how things are here. It is because sometimes getting things like wedding venues and certificates take time. It is for people that are in established relationships to be married in America. Not to "check it out".

 

One of the things you will be doing for the k1 is to prove that you are are free and ready to be married. That means you and her will be writing a written statement that the both of you are ready to be married. If you tell the CO you "want to see how it goes first" then you are not ready and will be denied.

 

The K3 is dead. 

 

You should rethink your plan or at least spend more time with her to ensure the both of you are ready for marriage. Undecidedness is a huge disadvantage with immigration.

Edited June 22, 2019 by Unlockable

[Roel 7,193]

4 minutes ago, Waterwonder said:

I am curious that if the purpose of a K1 visa is not to give a chance for a fiance to check out life in the US before getting married (which of course is a big commitment especially for a potential immigrant), then why does it exist at all.

Immigration isnt perfect. The purpose for k1 is to get married and adjust status within the US. Sorry but immigration doesnt care if the foreigner fiance enjoyes life in the US or not. It's not their purpose. Besides the foreigner doesn't move for the US lifestyle, they move to be united with their USC partners. 

 

Quote

 

 There is no intention from our end to use the visa wrongly since we are planning to get married.

Yes there is an intention to use it wrongly. You can get married in Asia if that's an ultimate goal. Like it was said, there will be 0 chance that your partner will ever get a b2 Visa in the future. 

Edited June 22, 2019 by Roel

[Unlockable 7,315]

5 minutes ago, Waterwonder said:

Thank Roel for the helpful comments. I have a house and established residency in the US and typically spend several months back home each year. I am curious that if the purpose of a K1 visa is not to give a chance for a fiance to check out life in the US before getting married (which of course is a big commitment especially for a potential immigrant), then why does it exist at all. Why not just require couples to get married first and apply for a cr1 visa? There is no intention from our end to use the visa wrongly since we are planning to get married. We are just not planning to settle in US right away since my job is in Asia. Thanks again.

The two of you have to be 100% sure you want to be married. If she loves you and you love her, you will make it work no matter where you are. If there are conditions for her to get married to you then you should reevaluate your relationship.

 

Do not treat the K1 visa a "let's play house for a while" visa. Many people can only use the K1 visa because it is the only way for them to get married. Think of same sex couples, or people with cultural/religious differences where they are banned from getting married in the foreigner's home country. For them the k1 is the only option.

 

If you want an example on how things can go bad if the two of you are not seriously ready for this commitment, there is a thread here where an American woman applied for a her fiance to come to the US. He got approved and got his visa. When he got off the plain he was interviewed by customs and when the customs officer asked him if he will be getting married he answered, "I don't know. We will see." Guess what happened. This guy was denied entry and put on a plane back to his country. His American fiance was extremely upset. The guy claimed it was a joke.

 

If I can find that thread I will definitely share it with you.

[SalishSea 18,144]

Sounds like you are not yet ready for either a K-1 or CR-1 visa.  Both require that you establish domicile in the US, and that your income source either be US-based, or will continue after you move back.

 

Neither visa is designed for someone to visit and then move back to their own country, as evidenced by the residency requirements for green card holders.

 

my thoughts to you is to wait until you are ready to return to the US permanently.  

[Ameriaussie 49]

7 hours ago, Jorgedig said:

Sounds like you are not yet ready for either a K-1 or CR-1 visa.  Both require that you establish domicile in the US, and that your income source either be US-based, or will continue after you move back.

 

Neither visa is designed for someone to visit and then move back to their own country, as evidenced by the residency requirements for green card holders.

 

my thoughts to you is to wait until you are ready to return to the US permanently.  

Ditto. You dont go K-1 because you are denied B2.

 

Of course it is for the Green Card, which they won't succeed if failing to maintain US domicile. Sorry I get agitated seeing people who are sooooo obviously trying for the GC for whatever reasons. They are already together, whats the rush?! Most of us here are stuck in LDRs perpetually it seems because of this process. It is truly people like these that screw it for us all. Just saying.

Edited June 23, 2019 by Ameriaussie