K-1 visa, without applying for permanent residency?

[Panohara 2]

K-1 visa, but without applying for permanent residency?

Hey all! (Sorry about my English!):

I’m engaged to an American citizen. We applied for the K-1 in 2020, and got our NOA2 last March. I was originally supposed to come live with my fiancé once the visa process done, and apply for permanent residency. HOWEVER, plans have since changed: I got into a PhD program in Canada (where I currently live), and we now plan to continue long-distance for the next four years.

We do still absolutely want to get married. Can we simply get married in the US once the K-1 approved, and instead of applying for permanent residency, can I just go back to Canada - and continue to visit the US back and forth during my program -? In an ideal world we would like to follow through with the K-1, but we’re just not sure it makes sense anymore… We also heard we should give up on the K-1, as I do not intend to settle in the US for now, and simply get married in the US on a tourist visa - apparently authorized if you do not intend to stay but seems tricky -...

We're not in a hurry, and want to make sure we choose the most legal way! Feeling pretty lost here! Any insight would be greatly appreciated...

[Lil bear 4,156]

5 minutes ago, Panohara said:

K-1 visa, but without applying for permanent residency?

Hey all! (Sorry about my English!):

I’m engaged to an American citizen. We applied for the K-1 in 2020, and got our NOA2 last March. I was originally supposed to come live with my fiancé once the visa process done, and apply for permanent residency. HOWEVER, plans have since changed: I got into a PhD program in Canada (where I currently live), and we now plan to continue long-distance for the next four years.

We do still absolutely want to get married. Can we simply get married in the US once the K-1 approved, and instead of applying for permanent residency, can I just go back to Canada - and continue to visit the US back and forth during my program -? In an ideal world we would like to follow through with the K-1, but we’re just not sure it makes sense anymore… We also heard we should give up on the K-1, as I do not intend to settle in the US for now, and simply get married in the US on a tourist visa - apparently authorized if you do not intend to stay but seems tricky -...

We're not in a hurry, and want to make sure we choose the most legal way! Feeling pretty lost here! Any insight would be greatly appreciated...

The second option you have listed .. enter as a visitor , marry then return to Canada is totally above board.  If you formally abandon the K1 application, that may strengthen your case for not having immigrant intent and assist with continuing to come as a visitor until you are ready to immigrate … you’ll need a spouse visa for that .. takes 12-18 months currently .. so you can time your IR 1 application to hopefully be approved at the time you’re finishing your PhD 

[Boiler 45,348]

If you enter on a K and marry you are not required to adjust.

[Limey 551]

16 hours ago, Panohara said:

K-1 visa, but without applying for permanent residency?

Hey all! (Sorry about my English!):

I’m engaged to an American citizen. We applied for the K-1 in 2020, and got our NOA2 last March. I was originally supposed to come live with my fiancé once the visa process done, and apply for permanent residency. HOWEVER, plans have since changed: I got into a PhD program in Canada (where I currently live), and we now plan to continue long-distance for the next four years.

We do still absolutely want to get married. Can we simply get married in the US once the K-1 approved, and instead of applying for permanent residency, can I just go back to Canada - and continue to visit the US back and forth during my program -? In an ideal world we would like to follow through with the K-1, but we’re just not sure it makes sense anymore… We also heard we should give up on the K-1, as I do not intend to settle in the US for now, and simply get married in the US on a tourist visa - apparently authorized if you do not intend to stay but seems tricky -...

We're not in a hurry, and want to make sure we choose the most legal way! Feeling pretty lost here! Any insight would be greatly appreciated...

It would be legal to enter on the K1, get married and then leave. You'll be considered to have abandoned the k1 visa (in terms of applying for permanent residence) but that won't matter.

 

It would also be perfectly legal to enter as a tourist with intention to get married so long as you have no intention to remain in the US and adjust status (as is the case). In some cases it may be difficult to enter the US on a tourist visa with an abandoned k1 (which would show there had been immigrant intent in the past) but I'd have thought proof of your Phd acceptance and plans to complete that and file for spousal visa would be pretty convincing for an immigration official. US immigration will understand that the immigration process is long (especially in these times of covid) and that circumstances and plans change.

 

Personally, if I was in this situation I'd write to formally withdraw the k1 petition and outline the reasons for doing so. That letter may be useful in the future if the previous k1 did come up as an issue during visits or later immigration processes.

Edited June 23, 2021 by Limey