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nicadj

K1 likely, but living in the U.S unlikely

By nicadj in K-1 Fiance(e) Visa Process & Procedures

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nicadj Rookie

nicadj   0

Posted
Filed: K-1 Visa Country: Colombia
 Timeline
Posted

All verbiage states "K1 Visas for those wanting to live in the US"......

I want my girlfriend to visit the U.S (and have a ceremony here), but her 10 year old daughter may not be able to visit or live since the father of the child seems likely to veto that move. Sooooo, I might have to move to Colombia, for which I am prepared.

Any thoughts???? Does the K1 Visa still make sense for us to get married in The States early 2008?

What about getting married prior to that in Colombia? Does that make any sense?? Change anything??

Thanks for your input.

TC

YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted
The K1 is for couples wanting to marry & live in the US.

You do not need a visa just to marry in the US & leave.

Correct, in that case later you could apply for IR-1, or K-3, or if you are living in Columbia and want to move back to USA, perhaps DCF, though you would have to maintain domicile in the USA, (US Mailing address, file IRS returns).

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desert_fox Proficient

desert_fox   32

Posted
Filed: Country: Spain
 Timeline
Posted

I have never seen it written where you must adjust status after marrying on a K1.

Get the K-1, enter the US, get married and dont submit a 485 to adjust status and leave before the visa expires. From Colombia, the K-1 may be the only way that she could enter the US.

I would think that a K-1 would be very appropriate for this type of situation.

Some day you could file with the US Consulate in Colombia if you are a legal resident there.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

no name Grand Master

no name   1

Posted
Filed: Timeline
Posted
I have never seen it written where you must adjust status after marrying on a K1.

Get the K-1, enter the US, get married and dont submit a 485 to adjust status and leave before the visa expires. From Colombia, the K-1 may be the only way that she could enter the US.

I would think that a K-1 would be very appropriate for this type of situation.

Some day you could file with the US Consulate in Colombia if you are a legal resident there.

I do not know Columbia & hos hard it is to visit the US.

But that said, why would one pay $$ & wait around - just to get married in the US when you don't need to?

OP - research how hard it is for your fiance to visit the US.

Boiler Grand Master

Boiler   45,967

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

A B2 is the visa to visit, marry and leave again.

Getting one might be an issue.

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pushbrk Grand Master

pushbrk   13,076

Posted
Filed: Other Country: China
 Timeline
Posted
What about getting married prior to that in Colombia? Does that make any sense?? Change anything??

Getting married in Columbia prior to her US entry disqualifies her for a K1 visa. K1 is for a fiance. If you marry, you don't have a fiance. I don't understand why you would want to go through a months long process to gain her 90 days of entry in the US, (without her child) if you are willing to marry and live together in Columbia. You can do it. It is legal but should you wish to have her immigrate later, you'll be face with explaining why she left without adjusting status.

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

desert_fox,

Read 9 FAM 41.81 Notes, N11, which says that in nicadj's situation the appropriate visa is a B2 visa.

Getting the B2 visa should be quite easy, nicadj needs only demonstrate his intention to move to Columbia after the wedding.

Yodrak

I have never seen it written where you must adjust status after marrying on a K1.

Get the K-1, enter the US, get married and dont submit a 485 to adjust status and leave before the visa expires. From Colombia, the K-1 may be the only way that she could enter the US.

I would think that a K-1 would be very appropriate for this type of situation.

Some day you could file with the US Consulate in Colombia if you are a legal resident there.

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

Boiler,

Shouldn't be an issue. If nicadj intends to emmigrate to Columbia he's going to have to get the necessary approvals from the Columbian government. All he has to do is show the US consulate that he's done that and what would have been his fiancee's strong tie to the USA becomes a strong tie to her home country.

Yodrak

A B2 is the visa to visit, marry and leave again.

Getting one might be an issue.

TimsDaisy Proficient

TimsDaisy   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Yup - go for the B2. Sounds like you will be able to show your intention to move to Colombia and I would combine that with evidence of your future step-daughter's father's unwillingness to allow the daughter to move to the U.S. Perhaps a letter from him (if there are any friendly terms there at all) would help as well. Better yet, if he has an attorney - a letter from the attorney saying the client would never permit the daughter to leave, combined with statetments from each of you of your intention to move out of the U.S.

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desert_fox Proficient

desert_fox   32

Posted
Filed: Country: Spain
 Timeline
Posted
desert_fox,

Read 9 FAM 41.81 Notes, N11, which says that in nicadj's situation the appropriate visa is a B2 visa.

Getting the B2 visa should be quite easy, nicadj needs only demonstrate his intention to move to Columbia after the wedding.

Yodrak

I have never seen it written where you must adjust status after marrying on a K1.

Get the K-1, enter the US, get married and dont submit a 485 to adjust status and leave before the visa expires. From Colombia, the K-1 may be the only way that she could enter the US.

I would think that a K-1 would be very appropriate for this type of situation.

Some day you could file with the US Consulate in Colombia if you are a legal resident there.

Im sure that the B2 is the appropriate visa, but since we are talking about Colombia, where a B2 is not the easiest thing to get, possible but difficult. For some reason I cant imagine a pretty single Colombian lady going to a B2 interview asking for a B2 so she can enter the US and get married. This is a red flag that the Consulates are trying to prevent...people coming here on a B2, getting married and adjussting status.

Guess it would depend on how much evidence she could provide.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

~Nini~ Proficient

~Nini~   2

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

If your fiancee isn't able to get a B2 tourist visa, the alternative for you would be to marry and live in Columbia. Though, I'm not sure what process that entails either. I'm assuming that both of you have decided to marry in the U.S. but I just wanted to put the other option out there. If your future step-daughter isn't going to be able to leave Columbia due to her father's wishes, does that mean she also wouldn't be able to attend the U.S. wedding?

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

desert_fox,

Re-read the 2nd line of my post, and my reply to Boiler. In the circumstance that nicadj outlined it should not be difficult for the woman to get a B2 visa.

Yodrak

desert_fox,

Read 9 FAM 41.81 Notes, N11, which says that in nicadj's situation the appropriate visa is a B2 visa.

Getting the B2 visa should be quite easy, nicadj needs only demonstrate his intention to move to Columbia after the wedding.

Yodrak

I have never seen it written where you must adjust status after marrying on a K1.

Get the K-1, enter the US, get married and dont submit a 485 to adjust status and leave before the visa expires. From Colombia, the K-1 may be the only way that she could enter the US.

I would think that a K-1 would be very appropriate for this type of situation.

Some day you could file with the US Consulate in Colombia if you are a legal resident there.

Im sure that the B2 is the appropriate visa, but since we are talking about Colombia, where a B2 is not the easiest thing to get, possible but difficult. For some reason I cant imagine a pretty single Colombian lady going to a B2 interview asking for a B2 so she can enter the US and get married. This is a red flag that the Consulates are trying to prevent...people coming here on a B2, getting married and adjussting status.

Guess it would depend on how much evidence she could provide.

 
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