Leaving the US after K1

[Lucky2Lucky 2,526]

1 hour 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? 

I’m sorry you didn’t look into your options sooner. Is there a reason why he doesn’t want to stay in the US after he arrives and you get married? Is he not planning on leaving his job? Were you planning on maintaining 2 separate residences? 
 

[HRQX 4,145]

1 hour ago, JCB86 said:

Do you have any idea on the legal ramifications of just doing the K1, then doing the spousal visa?

The requirement at US entry is intent to marry within the 90 days. Then either AOS or leave the US are valid options.

 

Reminder that Schengen Area proclamation is in effect indefinitely. So only those few K-1 applicants that are exempt to the proclamation have a chance at getting K-1 visas.

2 hours ago, JCB86 said:

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.

As of now, Mexico remains an option as an unrestricted country. Alternate options include Serbia, Croatia, etc. If he spends 14 days in an unrestricted country he can then enter the US with ESTA:

You can marry in the US in a VWP trip:

After marriage he'll be exempt to the Schengen Area proclamation. That'll make future VWP trips while he waits for CR-1 process easier because he would be able to travel directly from Schengen Area to the US.

Edited August 11, 2020 by HRQX

[molehills 67]

11 minutes ago, Luckycuds said:

I’m sorry you didn’t look into your options sooner. Is there a reason why he doesn’t want to stay in the US after he arrives and you get married? Is he not planning on leaving his job? Were you planning on maintaining 2 separate residences? 
 

I suppose a culmination of things; he will need time to get things sorted there, sell physical items that we won't need here, and get enough money for moving expenses and sustaining himself until a job. Another thing is the rise in greencard fees. And with the spousal visa, it does seem to be less stressful with getting SSN and the like.

[Orangesapples 1,954]

3 hours ago, JCB86 said:

I suppose a culmination of things; he will need time to get things sorted there, sell physical items that we won't need here, and get enough money for moving expenses and sustaining himself until a job. Another thing is the rise in greencard fees. And with the spousal visa, it does seem to be less stressful with getting SSN and the like.

I agree that K1 is a bad idea for many reasons, I just want to say that getting an SSN is literally the smallest issue with it. 😃

 

Just because you've started the K1, doesn't mean you have to finish it. That would be money wasted honestly, because he'll have to pay for the visa and for the medical (plus the inconvenience). Personally, I think the best solution is for him to get on the VWP to the US as explained above, and you get married, then he leaves, you withdraw the I-129f and file for a spousal visa. I wouldn't withdraw the current petition before you're married, but once you do get married, it will be safe to do so. Now if for some reason he can't enter the US, then you can proceed with the K1 if you wish. But right now, it's just a waste of money in my view. 

 

Edited August 12, 2020 by Orangesapples

[NikLR 13,227]

Why is he not moving to the USA permanently with the k1?

[JacobP 185]

22 minutes ago, NikLR said:

Why is he not moving to the USA permanently with the k1?

It sounds like there was a misunderstanding that the K1 was required to get married in the first place, even if not intending to adjust status in the US.

[NikLR 13,227]

1 minute ago, JacobP said:

It sounds like there was a misunderstanding that the K1 was required to get married in the first place, even if not intending to adjust status in the US.

Yes so Im asking the OP why not do that? They seem to think the fiancé needs to leave at the end of 90 days. 

[Just Paul 4,594]

6 hours 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? 

Just time and $ and time and $ . . .

FIance can still visit on VWP during CR1 process.

[Scandi 4,105]

So, wait.. you DON'T want him to move to the US, you just want to get married? If he holds a Finnish passport he can just travel on ESTA and get married here (or anywhere else in the world). And ESTA is $14. The temporary travel restrictions may apply, so maybe think of getting married elsewhere. 

 

So yeah, if you just want to get married, no visa is needed. Definitely not a K-1.

 

Both K-1 and CR-1 are for living in the US, but you don't do both, you choose one or the other. Neither is needed if you just want to get married and NOT have him actually move to the US.

Edited August 12, 2020 by Scandi

[April M 28]

10 hours 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.

Check out some visas, there are a lot of them since coronavirus started. There is no problems other than documents being in order and the Consular who processes it, grants it. It's much more simple than people make it. People on both sides make it difficult. The word fraud causes problems for innocent people.

[Angela & Brendon 160]

I see you having two options that make sense: 

 

1) You continue with the K1 visa. You seem like you're already pretty far down the line with this, so the benefit could be that your fiancé could get this one more quickly (although that is a relative term at the moment with a pandemic going on), and have less time to wait to live together in the US. The downside is that your fiancé will be unemployed for at least about 5 months in the US and unable to travel while he waits for his EAD and AP. 

2) You withdraw your current application (might want to look around on here or even ask an immigration lawyer the best way of doing this), get married in a country like Denmark or the UK where you can both travel to, and then reapply for a CR-1 visa. The benefit of this is that your fiancé will be approved to work and receive his Green Card before he moves over here. The downside is that you are already 7 months along with the process, and you will have to wait at least another year before you're able to live together, probably more with the pandemic going on. 

For context, my fiancé and I filed for a K1 visa back in February when processing times appeared to be shorter and it looked like we would be together more quickly. Then the pandemic hit, and like many other people on here there is no clear timeline in sight; looking back on it we think it would have been better to do CR-1. If you're planning on doing a CR-1 anyway, I would get the wheels in motion with that now, as it means you'll have a lesser wait to be together. 

Edited August 12, 2020 by Angela & Brendon

[April M 28]

49 minutes ago, Angela & Brendon said:

I see you having two options that make sense: 

 

1) You continue with the K1 visa. You seem like you're already pretty far down the line with this, so the benefit could be that your fiancé could get this one more quickly (although that is a relative term at the moment with a pandemic going on), and have less time to wait to live together in the US. The downside is that your fiancé will be unemployed for at least about 5 months in the US and unable to travel while he waits for his EAD and AP. 

2) You withdraw your current application (might want to look around on here or even ask an immigration lawyer the best way of doing this), get married in a country like Denmark or the UK where you can both travel to, and then reapply for a CR-1 visa. The benefit of this is that your fiancé will be approved to work and receive his Green Card before he moves over here. The downside is that you are already 7 months along with the process, and you will have to wait at least another year before you're able to live together, probably more with the pandemic going on. 

For context, my fiancé and I filed for a K1 visa back in February when processing times appeared to be shorter and it looked like we would be together more quickly. Then the pandemic hit, and like many other people on here there is no clear timeline in sight; looking back on it we think it would have been better to do CR-1. If you're planning on doing a CR-1 anyway, I would get the wheels in motion with that now, as it means you'll have a lesser wait to be together. 

There are K1s that have been given in shorter time then my husband's and we are still waiting even though spousal is more available. Hence, my point about who and where it is being processed. Our documents are in order and no real reason for our hold up but here we still wait while K1s have entered the U.S. in less time and during covid. 

[HRQX 4,145]

1 hour ago, Angela & Brendon said:

or the UK where you can both travel to

They'll both need UK Marriage Visitor visas for that: https://www.gov.uk/marriage-visa

1 hour ago, Angela & Brendon said:

get married in a country like Denmark

Individuals that currently reside in the US can't enter Denmark: https://politi.dk/en/coronavirus-in-denmark/travelling-in-or-out-of-denmark/entry-into-denmark

1 hour ago, Angela & Brendon said:

1) You continue with the K1 visa.

Instead, he can enter with ESTA after spending 14 days in unrestricted country:

They can marry in the US during that trip:

 

[SteveInBostonI130 3,357]

13 hours 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? 

Hi.

 

Based on what you said, and your plans, sticking with your K1 is a bad option, due to:

 

1.  Delay.  Currently K-1 visas are not being processed at embassies.  So even if you get the USCIS approval soon, it will be stuck in limbo at the NVC

2.  Money.  To finish your K1 visa, you will need to pay for a medical exam (not sure for Finland, but for Ukraine it is $185).  Plus the $265 fee for the DS-160 for K1.  And if he doesn't live in Helsinki, then travel expenses to attend the visa interview.  

3.  More paperwork.  You will need to fill out and submit I-134,. He will need to fill out the DS-160, get police clearance certificate(s),  passport size photos, birth certificate, vaccine records, relationship evidence, etc.

 

I suggest you abandon the K1.  Have your fiance visit you as soon as he can on his ESTA.  To get around the EU travel ban, he can go to a non travel ban country, wait 2 weeks, then travel to you.  Make sure his flight does not transit through an EU or other banned country.  I do not know what the impact is with the other travel ban - EU restricting travelers from the US.  Look into that to verify he can return without much hassle.

 

When your fiance is visiting you in the US, get married.  To save time, you can prepare beforehand - that is, arrange the venue, get all documents and information ready for the marriage license, etc.

 

While he is still in the US, get all the documents ready for the spouse visa.  Fill out and have him sign the I-130A.  Then he can return, and you can file your spouse visa application.

 

 

BTW, my wife and I actually did what you initially planned to do. She arrived to the US on a K1 visa, we got married, and she returned without adjusting status.  That last part was not planned - she had to return due to a family emergency.  We married in April 2019 in the US, and we are now in the final stages of the CR1 process.  Her interview at the embassy is in a few weeks.

 

 

[molehills 67]

8 hours ago, Orangesapples said:

I agree that K1 is a bad idea for many reasons, I just want to say that getting an SSN is literally the smallest issue with it. 😃

When we started the process, I had used some flow charts, guides, whatever, from sites such as Boundless. I Think that's where I had answered "we're engaged, living apart", so it spit out K1. When looking at next steps, I misinterpreted what "intent to immigrate" under the ESTA (which he does have btw) because technically, there is an intent to immigrate. We want to do what's right, legally and all. But given the response from folks, it does seem to be rather silly to do both. 

 

Just because you've started the K1, doesn't mean you have to finish it. I am leaning towards withdrawing the current Visa. That would be money wasted honestly, because he'll have to pay for the visa and for the medical (plus the inconvenience). Personally, I think the best solution is for him to get on the VWP to the US as explained above, and you get married, then he leaves, you withdraw the I-129f and file for a spousal visa. I wouldn't withdraw the current petition before you're married, but once you do get married, it will be safe to do so. Now if for some reason he can't enter the US, then you can proceed with the K1 if you wish. But right now, it's just a waste of money in my view. I have similar thoughts. Thank you.