K1 and/or Tourist visa?

[Orangesapples 1,954]

1 hour ago, home_visit said:

Hi Orangesapples, I assume you mean that my partner would come on a tourist visa or some other similar visa and get married?  How else would we get married in the US in order to get a spousal visa?

Yes, get married on tourist visa and then go back home. 

[home_visit 2]

OK, thanks everyone for your input.  So it sounds like there are a number of options:

-Apply for the fiancee visa

-Get married in a third country somewhere and apply for the spousal visa (but it seems no countries are open except possibly Thailand as of Oct. 1st)

-Deal with getting married in my partner's home country

-Hope for a tourist visa success (seems difficult) and get married in this US on the tourist visa

-Potentially another visa such as a medical or student visa  (I know nothing about these visas)

 

Probably we will try to get an interview for her tourist visa, and meanwhile see if there's a way to get married abroad.  If that doesn't work then apply for the K1 visa.

 

Thanks everyone for sharing your knowledge!  Pls let me know if you think there is anything else to consider.

[Adventine 3,213]

One thing I have not seen clearly addressed in this thread: @home_visit, what are your long-term plans after the job in the US ends? Do you plan to stay in the US indefinitely, or return to your partner's home country to live there indefinitely?

 

[home_visit 2]

27 minutes ago, Adventine said:

One thing I have not seen clearly addressed in this thread: @home_visit, what are your long-term plans after the job in the US ends? Do you plan to stay in the US indefinitely, or return to your partner's home country to live there indefinitely?

 

 

Hi, thanks for your question.  It's actually difficult to answer perhaps to the level of detail you'd like.  

 

I will most likely return abroad again within one year, and my partner will also go with me.  However, for various reasons, I would like her to become a US citizen, which would require getting a green card at some point.

[milimelo 4,561]

1 hour ago, home_visit said:

 

Hi, thanks for your question.  It's actually difficult to answer perhaps to the level of detail you'd like.  

 

I will most likely return abroad again within one year, and my partner will also go with me.  However, for various reasons, I would like her to become a US citizen, which would require getting a green card at some point.

Well then you’re looking at a minimum stay in the US of 3,5-4 years if you want her to get US citizenship. 

[Chillnorther 0]

Not to seem dour, but you may be in the wrong queue.

My legal USA spouse entered and married on a K-11. Keeps a thriving business in Thailand , Had a tourist visa before. Until this year the plan was green card maybe but not now. He's had no issues entering tourist before Covid. Every IO has asked if he doesn't want a green card -Pre-Covid-

 

Whatever route you choose keep in mind that a year is a blink in US Immigration time in the best of days. Sorry to report. Not opinion.

Edited September 19, 2020 by Chillnorther

[home_visit 2]

2 hours ago, Chillnorther said:

Not to seem dour, but you may be in the wrong queue.

My legal USA spouse entered and married on a K-11. Keeps a thriving business in Thailand , Had a tourist visa before. Until this year the plan was green card maybe but not now. He's had no issues entering tourist before Covid. Every IO has asked if he doesn't want a green card -Pre-Covid-

 

Whatever route you choose keep in mind that a year is a blink in US Immigration time in the best of days. Sorry to report. Not opinion.

I'm not sure what you mean when you say you may be in the wrong queue.

 

There are other aspects of this story that unfortunately I don't feel at liberty to disclose, which may affect the reasoning.  I'm sure that makes no sense but take it for what it is.

[Boiler 46,113]

14 hours ago, home_visit said:

I'm not sure what you mean when you say you may be in the wrong queue.

 

There are other aspects of this story that unfortunately I don't feel at liberty to disclose, which may affect the reasoning.  I'm sure that makes no sense but take it for what it is.

Obviously comments can only be made based on the often limited information provided, to what extent the information withheld would be material is obviously an unknown.

 

[home_visit 2]

2 hours ago, Boiler said:

Obviously comments can only be made based on the often limited information provided, to what extent the information withheld would be material is obviously an unknown.

 

Thanks, the comments provided so far have been helpful in terms of framing the choice, as I wrote above:

 

So it sounds like there are a number of options:

-Apply for the fiancee visa

-Get married in a third country somewhere and apply for the spousal visa (but it seems no countries are open except possibly Thailand as of Oct. 1st)

-Deal with getting married in my partner's home country

-Hope for a tourist visa success (seems difficult) and get married in this US on the tourist visa

-Potentially another visa such as a medical or student visa  (I know nothing about these visas)

 

I think it will take some further follow up from here to decide what we do next (outside of the obvious effort to get a tourist visa appointment as my partner has already applied and just needs an interview appointment).

 

The comments provided were very helpful and its kind of everyone to offer their advice.   

 

 

[Chancy 6,243]

5 hours ago, home_visit said:

Potentially another visa such as a medical or student visa  (I know nothing about these visas)

 

There is no medical visa of a different type from tourist visa.  It's the same B2 visa, acquired for the purpose of getting medical treatment in the US.  She still needs to overcome the presumption of immigrant intent.

 

Student visas are also non-immigrant visas, with many more requirements than a tourist visa.  From her experience getting a tourist visa, I doubt these are viable options for your girlfriend.

 

[carmel34 3,655]

7 hours ago, home_visit said:

So it sounds like there are a number of options:

-Apply for the fiancee visa

-Get married in a third country somewhere and apply for the spousal visa (but it seems no countries are open except possibly Thailand as of Oct. 1st)

-Deal with getting married in my partner's home country

-Hope for a tourist visa success (seems difficult) and get married in this US on the tourist visa

-Potentially another visa such as a medical or student visa  (I know nothing about these visas)

 

I think it will take some further follow up from here to decide what we do next (outside of the obvious effort to get a tourist visa appointment as my partner has already applied and just needs an interview appointment).

Regardless of which option (s) you pursue, none of them will be fast.  You stated earlier that you have a job offer in the US now, that if you accept it, you will be leaving Cambodia to return to the US for 7-12 months and you want to take your girlfriend with you, then return to Cambodia.  That is not going to happen since she will need some kind of visa to enter the US.  Bottom line is if you accept the job and return to the US, you will be going alone.  If it is more important to be together, stay in Cambodia, file a K-1 petition, or get married and file a CR-1 petition, and wait in Cambodia together while the petition and eventually, visa application and interview take place a year or more from now.  Even then, you will have to return to the US a few months before her to establish sufficient US-based income and US domicile if you want her visa to be approved.  Immigration often requires a period of time apart.  From your responses, a tourist (B2) or student (F1) are unlikely to be approved because of clear immigration intent and past visa denials, so I wouldn't waste your time on those.  Good luck!

[home_visit 2]

14 hours ago, carmel34 said:

Regardless of which option (s) you pursue, none of them will be fast.  You stated earlier that you have a job offer in the US now, that if you accept it, you will be leaving Cambodia to return to the US for 7-12 months and you want to take your girlfriend with you, then return to Cambodia.  That is not going to happen since she will need some kind of visa to enter the US.  Bottom line is if you accept the job and return to the US, you will be going alone.  If it is more important to be together, stay in Cambodia, file a K-1 petition, or get married and file a CR-1 petition, and wait in Cambodia together while the petition and eventually, visa application and interview take place a year or more from now.  Even then, you will have to return to the US a few months before her to establish sufficient US-based income and US domicile if you want her visa to be approved.  Immigration often requires a period of time apart.  From your responses, a tourist (B2) or student (F1) are unlikely to be approved because of clear immigration intent and past visa denials, so I wouldn't waste your time on those.  Good luck!

 

From all the responses so far, I am getting the point that it will not be fast.  

 

I will definitely take the job, if we have to be apart for a little while, that will be ok.  

 

My partner has received a tourist visa in the past, so it seems not impossible.  

 

There have been a lot of responses so far, I feel like I have a good idea about the situation.  Thanks...

 

[Aziz 33 24]

On 9/16/2020 at 1:48 AM, home_visit said:

Hello everyone, 

 

Thank you for any advice or thoughts you may have.  I am a US citizen that has lived overseas for many years, and have been living with my partner for about five years.  She applied for a US tourist visa three times, and was granted a visa on her last attempt.  We went to the US for about a month and departed as planned with no problems.

 

In March of this year, she was to have her interview for the fourth attempt, but her interview appointment was canceled due to the Covid pandemic.  Now it seems that the Embassy is opening for tourist visa interviews again, and she would be eligible to pick up that application again and have her interview.

 

Meanwhile, I have been offered a job in the US that I can't refuse, and it will require me to be in the US for 7-12 months at least before I can go work abroad again.  I regret to spend such a long time away from my partner.  I am considering whether we should apply for a K1 visa, but I understand it will take quite a long time for it to be processed.

 

One question is whether being refused for a tourist visa would in any way impact on the K1 visa application.  For the tourist visa, she must demonstrate a likelihood to return.  The Embassy may not look favorably on that since I am going to live in the US.  But for the K1 visa, it seems likelihood of returning is not much of a factor, and the newly married spouse can then apply for a green card.  Is that correct?

 

Does US CIS/Dept of State often refuse K1 visas and if so, what are the reasons?  (assuming a demonstrably legitimate relationship).

 

Thank you in advance for any thoughts you may have.   

You will have no issues with applying for the K1. Keep in mind it's only 90days 

Also keep in mind that you will have to be apart from your partner for a long time. 

My opinion is to get a tourist visa and get married in the US if you guys don't want to spend time apart.

[Chancy 6,243]

12 hours ago, Aziz 33 said:

You will have no issues with applying for the K1. Keep in mind it's only 90days 

Also keep in mind that you will have to be apart from your partner for a long time.

 

The 90-day deadline is for marrying in the US to be eligible for filing AOS based on K1.  They can still marry after the 90 days but the AOS will require an I-130 petition.  In either case, they can stay together in the US.

 

12 hours ago, Aziz 33 said:

My opinion is to get a tourist visa and get married in the US if you guys don't want to spend time apart.

 

Nope.  They will still have to spend time apart after getting married in the US because OP's wife will have to return to her home country.  Entering on a tourist visa with intent to marry, stay and adjust status in the US is visa fraud.