K1 visa and marrying foreign country

[Sparkle Sparkle 914]

I concur K1 is not for trials to see if it would work... Your 90days is to settle down marry and file for AOS... You are approved by USCIS on the basis that you already have an established relationship and want to marry ASAP. You At the embassy you are sometimes asked if you already have a date for your marriage because that is why you getting the visa... It's not for live in lovers 

[SalishSea 17,836]

16 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. 

 

 

K-1 is a fiance visa.

[Greenbaum 12,259]

13 hours ago, Suze1 said:

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 .

Visas for Fiancé(e)s of U.S. Citizens

If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States [1] in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé(e). The K-1 nonimmigrant visa is also known as a fiancé(e) visa.

In order to obtain a K-1 fiancé(e) visa, [2] you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S. as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) [3] have a bona fide intent to establish a life together, and [4] the marriage is not for the sole purpose of obtaining an immigration benefit.

[5] If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

 

USCIS words, not mine.

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

 

1.       If they are filing a K-1 visa, they are establishing that they want to get married.

2.       You can have the intention of getting married. Still, there is the reality factor where the individual finds that the “marriage” is not to their liking OR they are not comfortable, nor do they see themselves as getting comfortable living in the USA. Hence, they may return to their country without marrying or executing the merits of the K-1 visa.

3.       Going through the K-1 visa process is the by-product of the two wanting to marry, a requirement of the K-1 visa.

4.       The marriage should not be the sole reason to marry. The fact they are processing a K-1 visa rest solely on the relationship, not the visa.

5.       “IF your fiancé(e) marries you,” but what “IF” is not there. She or he does not want to enter into the marriage once they are in the country.

 

I'm sure there are plenty of examples of couples who decided that marriage to each other is not what they want, and the fiancé(e) moves back to their country. I stand by my answer as I have established the “human” aspect of what can derail the “intent.” The virtue of filing the K-1 visa is not the sole purpose here. I’m pointing out the other factors that the O.P. must consider as part of the process in deciding which visa is best for them.