Leaving the US after K1

[molehills 67]

We haven't quite finished, or I guess are not even close (ha), the K1 process as we are still in the NOA1 stage (hopefully end). But as far as our next steps, current events, seeking similar situations, etc. I've been trying to stay abreast and hopeful with everything that is going on. I've been reading some other posts here and am starting to worry that I/we messed something up along the way, so I'm looking for some input before we potentially jeopardize future immigration; 

 

• Fiance and I have always been living apart in 2 countries. We've met and hung out on a few occasions, but due to my job, vacation time is few and far between. We've made it work.
• The plan was to obtain the K1, marry in the US, he stay for maybe 2-3 weeks (max), he return home to Finland and we file for the CR1.

 

My question boils down to: Did we mess up? Due to our situation financially, and the aforementioned vacation time, there's no way he can stay for the 90 days of allowed K1 time. I understood the process that once the K1 is used, it becomes dead and you are responsible for beginning a new process for immigration. Is the Adjustment of Status the only route to immigration with this visa, and is Advance Parole the only way to leave the US and not jeopardize our future? Or can this visa be used and he leave in the time frame we specified above, and then we file for the CR1?

[J&A1234 181]

Why don’t you guys just get married now and apply for the CR1 visa? Doesn’t make much sense to me to get involved with the K1 at all.

[molehills 67]

3 minutes ago, J&A1234 said:

Why don’t you guys just get married now and apply for the CR1 visa? Doesn’t make much sense to me to get involved with the K1 at all.

I was under the impression the only way to marry a US citizen is through the K1 process? Anything I read within the current Visa waiver process stressed that coming to the US to marry was visa fraud, etc. etc. 

[DaveAndAnastasia 2,079]

2 minutes ago, JCB86 said:

I was under the impression the only way to marry a US citizen is through the K1 process? Anything I read within the current Visa waiver process stressed that coming to the US to marry was visa fraud, etc. etc. 

Coming to the US on a non-K1 visa with intent to marry, adjust status, and stay in the US is fraud.

 

Coming to the US on a non-K1 visa with intent to marry and return is just fine.

 

Also, you could marry in your fiance's country or a third country (Denmark is frequently suggested as a country that's relatively easy for two foreigners to legally marry in, and seems like would be relatively convenient given a Finnish fiance); that's fine as far as US immigration is concerned.

 

/doing any of this may be tricky right now due to COVID-related travel restrictions

 

[J&A1234 181]

5 minutes ago, JCB86 said:

I was under the impression the only way to marry a US citizen is through the K1 process? Anything I read within the current Visa waiver process stressed that coming to the US to marry was visa fraud, etc. etc. 

That is not correct. You could get married in Finland and file for the CR1. I’m not 100% sure but I think technically he could come under the visa waiver, get married, then depart. All you’re doing by adding the K1 visa process is adding $535 fee plus round trip tickets for him plus an extra 7-12 months of waiting time.

[molehills 67]

3 minutes ago, J&A1234 said:

That is not correct. You could get married in Finland and file for the CR1. I’m not 100% sure but I think technically he could come under the visa waiver, get married, then depart. All you’re doing by adding the K1 visa process is adding $535 fee plus round trip tickets for him plus an extra 7-12 months of waiting time.

The whole getting married in Finland thing is kind of out because he gets so much more paid vacation time off-- it's much easier for him to come here I guess is what I'm saying. Aside from time and money, are there legal ramifications to our proceeding with the K1 as is, then going the CR1 route? 

[molehills 67]

8 minutes ago, DaveAndAnastasia said:

Coming to the US on a non-K1 visa with intent to marry, adjust status, and stay in the US is fraud.

Coming to the US on a non-K1 visa with intent to marry and return is just fine.

I guess 8 months ago, my not-as-educated self lumped these two together and thought they were on in the same.

 

Also, you could marry in your fiance's country or a third country (Denmark is frequently suggested as a country that's relatively easy for two foreigners to legally marry in, and seems like would be relatively convenient given a Finnish fiance); that's fine as far as US immigration is concerned.

Issue with this is at the start of the process, I had taken a new job, and had very little vacation time allotted. I supposed it's still an option, but I think COVID has smashed any thought of that.

 

/doing any of this may be tricky right now due to COVID-related travel restrictions

That's true. We considered doing a short week in Cancun, Mexico just to see each other, but that's fizzled, well. Because of COVID and the uncertainty. 

 

[Unlockable 7,309]

5 minutes ago, JCB86 said:

The whole getting married in Finland thing is kind of out because he gets so much more paid vacation time off-- it's much easier for him to come here I guess is what I'm saying. Aside from time and money, are there legal ramifications to our proceeding with the K1 as is, then going the CR1 route? 

The point they were making is that you can get married anywhere in the world and file the spousal visa. He can even come over on a visitor visa and you two get married here in the US, and he returns back to his country afterwards. Then you can file for a spousal visa.

Edited August 11, 2020 by Unlockable

[molehills 67]

6 minutes ago, Unlockable said:

The point they were making is that you can get married anywhere in the world and file the spousal visa. He can even come over on a visitor visa and you two get married here in the US, and he returns back to his country afterwards. Then you can file for a spousal visa.

Thank you, it's looking more and more like I messed up the process. 

[J&A1234 181]

12 minutes ago, JCB86 said:

The whole getting married in Finland thing is kind of out because he gets so much more paid vacation time off-- it's much easier for him to come here I guess is what I'm saying. Aside from time and money, are there legal ramifications to our proceeding with the K1 as is, then going the CR1 route? 

I don’t know about legal ramifications.....I would think it would look pretty bizarre to anyone looking at your file though. Again I think it would be much simpler for him to come here or for you to meet him somewhere else to get married. Or just stick with the K1 and do the whole AOS thing. Combining both would combine the disadvantages of both.

[Crazy Cat 40,061]

34 minutes ago, JCB86 said:

I was under the impression the only way to marry a US citizen is through the K1 process? Anything I read within the current Visa waiver process stressed that coming to the US to marry was visa fraud, etc. etc. 

Completely inaccurate.......Entering the US  via WVP with the intent to marry and STAY is fraud.........entering the US via WVP with the intent to marry, then leaving to start the CR-1 process is perfectly legal.

Edited August 11, 2020 by Lucky Cat

[molehills 67]

2 minutes ago, Lucky Cat said:

Completely inaccurate.......Entering the US  via WVP with the intent to marry and STAY is fraud.........entering the US with the intent to marry, then leaving to start the CR-1 process is perfectly legal.

Thank you Lucky Cat. I do wish I had asked the question 7 months ago. Do you have any idea on the legal ramifications of just doing the K1, then doing the spousal visa? Or should we just go back to the drawing board? 

[payxibka 10,044]

1 minute ago, JCB86 said:

Thank you Lucky Cat. I do wish I had asked the question 7 months ago. Do you have any idea on the legal ramifications of just doing the K1, then doing the spousal visa? Or should we just go back to the drawing board? 

No ramifications 

[Crazy Cat 40,061]

2 minutes ago, JCB86 said:

Thank you Lucky Cat. I do wish I had asked the question 7 months ago. Do you have any idea on the legal ramifications of just doing the K1, then doing the spousal visa? Or should we just go back to the drawing board? 

No legal ramifications....

 

[Ontarkie 14,008]

I guess I don't understand why he needs to take vacation time to come on the K1? He should be quitting his job to make the move. 

 

You would be looking at nearly 3 yrs the way things are going to be able to get the K1 and then start from scratch for the CR1.