K1 visa and marrying foreign country

[thenewkid2020 1]

We haven’t got to the point yet when it comes to applying for the k1 visa. But my question is will it be smart to marry my partner in her country  first.then after a few months we marry turn around and apply for the k1 is this possible. 

 

 

[Crazy Cat 41,888]

No.  If you marry in her country, you are no longer eligible for a K-1.  You would have to start the CR-1 Spousal Visa process.

Edited April 16, 2020 by Lucky Cat

[Greenbaum 12,259]

2 minutes ago, thenewkid2020 said:

We haven’t got to the point yet when it comes to applying for the k1 visa. But my question is will it be smart to marry my partner in her country  first.then after a few months we marry turn around and apply for the k1 is this possible. 

 

 

If you marry first, then want to apply for a K-1 that is not allowed. The K-1 visa intent is that you come to the US, determine if the relationship will work and that you will be comfortable in the US to which you have 90 days to decided that. If you marry in your country, you need to apply for an IR-1/CR-1 visa.

[Unlockable 7,314]

16 minutes ago, thenewkid2020 said:

We haven’t got to the point yet when it comes to applying for the k1 visa. But my question is will it be smart to marry my partner in her country  first.then after a few months we marry turn around and apply for the k1 is this possible. 

 

 

It is not smart if you want to do the K1. In fact, it can be classified as fraud.  And your case will be denied. You can't be married to anyone, anywhere in the world before you come to the US on a K1.

 

If getting married in another country is that important to you, then forget about the K1. Get married then file for the spousal visa instead.

[Hank_ 9,174]

2 hours ago, thenewkid2020 said:

We haven’t got to the point yet when it comes to applying for the k1 visa. But my question is will it be smart to marry my partner in her country  first.then after a few months we marry turn around and apply for the k1 is this possible. 

 

 

How can you BOTH be free to marry, if you are married already...      Sounds like you want a spouse visa

[thenewkid2020 1]

The reason why I ask is because theirs times I thought about moving to another country. Like staying with her in her country for a year or two. and by being marry first to her I most likely  can  apply for temp residency in her county. Then turning around and doing the spouse visa I guess. I was trying to weight out the options. These times the K1 VISA Can be tricky they can denied you for any little detail. we are like 16 years apart in age . So I thought  showing marriage first will add the spouse visa more bonafide proof.

but I am thinking ahead cause I haven't propose yet lol.Especially now with this Virus travel bans I am stuck in the US For now and cant visit.

[Crazy Cat 41,888]

1 minute ago, thenewkid2020 said:

These times the K1 VISA Can be tricky they can denied you for any little detail.

We don't see that here.....  Here is my comparison between a K-1 and a CR-1:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[Crazy Cat 41,888]

Dup removed

Edited April 16, 2020 by Lucky Cat

[Crazy Cat 41,888]

***Topic moved to What Visa Do I Need*****  OP is looking at visa options....

[Sparkle Sparkle 914]

4 hours ago, thenewkid2020 said:

The reason why I ask is because theirs times I thought about moving to another country. Like staying with her in her country for a year or two. and by being marry first to her I most likely  can  apply for temp residency in her county. Then turning around and doing the spouse visa I guess. I was trying to weight out the options. These times the K1 VISA Can be tricky they can denied you for any little detail. we are like 16 years apart in age . So I thought  showing marriage first will add the spouse visa more bonafide proof.

but I am thinking ahead cause I haven't propose yet lol.Especially now with this Virus travel bans I am stuck in the US For now and cant visit.

K1 and CR1 are totally 2 different routes and you can only chose one... If you marry then you don't qualify for k1. If you are not married you do not qualify for CR1 you can only pick one 

[Just Paul 4,595]

5 hours ago, thenewkid2020 said:

I am thinking ahead cause I haven't propose yet lol

Propose first and get a yes.

 

A K1 refusal can not be appealed.  A spousal can be appealed.

 

16 year age gap isn't always a big deal.  There are many factors unique to the country.

 

Certainly marrying and living together is very helpful.  We met in one, married in another and lived in a 3rd before coming to the US.

[thenewkid2020 1]

Thanks Paul and marry so if  I get marry in another country not US, how long should I wait to do a spouse visa, Should I just marry and then spend a year or two in my partner foreign  country and then apply for spouse visa.

[Just Paul 4,595]

2 minutes ago, thenewkid2020 said:

Thanks Paul and marry so if  I get marry in another country not US, how long should I wait to do a spouse visa, 

 

File the I-130 as soon as you have the marriage certificate.

 

5 minutes ago, thenewkid2020 said:

Should I just marry and then spend a year or two in my partner foreign  country and then apply for spouse visa.

That's completely up to you guys and your financial situations.  People do it both ways.   What is important is that you have the bonafides.

[thenewkid2020 1]

thank you

[Suze1 366]

9 hours ago, Greenbaum said:

The K-1 visa intent is that you come to the US, determine if the relationship will work and that you will be comfortable in the US to which you have 90 days to decided that

That is not my understanding.

The intent is to allow the two people a means by which the foreign spouse-to-be can come to America and get married, and adjust status to become an immigrant (and typically a citizen) here.

They already had to stipulate that they have decided to marry - It is not a visa to "come to American to see how it goes" kind of thing.

The 90 days is to complete arrangements for, and go through with, the wedding to be held in the United States, once you enter via the K-1, not to DECIDE whether or not to get married.

 

(Am pretty sure that if you told any Immigration Officer or Border Patrol Officer that you seek a visa or entry into the US to - "See if you want to marry your petitioner and see if you want to live here" - you will NOT be given the visa or allowed to enter.)

 

To OP - If you are already married (in ANY COUNTRY), you do not qualify for a K-1 visa. You would need a spousal visa .

Edited April 16, 2020 by Suze1