k-1 or dcf?

[ssulungnamjah 0]

I'm in the US Army, currently stationed at Fort Hood, TX and my fiancee currently resides in Korea. I'm just confused as to which route I should take in getting married. She has a visitor visa that she can utilize for a 6-12 month stay here in the states. I was wondering which way would be the best: applying for her to get a k-1 visa or having her come here using her visitor visa and then just getting married that way. It seems to me that it would be much more simple with a lot less work if I decided to go with the latter choice. However, I didn't want to miss out on any cons or possible complications that could arise from going that direction. Please help.

[reeses16 8]

You're fiance can not use a visitor's visa to come to the US for the purpose of marrying you. To do so would be visa fraud. You will have no problems getting married, but when you apply for adjustment of status (her green card) your case will have red flags. And in the worst case scenario she may be banned from the US.

If you want to have a wedding in the US, you could get married here, she would have to return back to Korea before the end of her tourist visa and then apply for a spousal visa (K3 or IRC-1). Or you could file for the K1 and she could still visit you as long as she doesn't overstay and attends her interview in Korea. Depending on the rules and regulations for DCF in Korea, that may also be a good for you both.

[stinger157 0]

I'm in the US Army, currently stationed at Fort Hood, TX and my fiancee currently resides in Korea. I'm just confused as to which route I should take in getting married. She has a visitor visa that she can utilize for a 6-12 month stay here in the states. I was wondering which way would be the best: applying for her to get a k-1 visa or having her come here using her visitor visa and then just getting married that way. It seems to me that it would be much more simple with a lot less work if I decided to go with the latter choice. However, I didn't want to miss out on any cons or possible complications that could arise from going that direction. Please help.

The easiest way is the K1. It shouldn't take too long and your fiancee can stay after the wedding.

Commiting visa fraud could delay or stop the immigration process. If you are truly willing to marry her in the near future go the K1-route.

[ssulungnamjah 0]

You're fiance can not use a visitor's visa to come to the US for the purpose of marrying you.

How could they prove that she came with the purpose of marrying me though?

[stinger157 0]

You're fiance can not use a visitor's visa to come to the US for the purpose of marrying you.

How could they prove that she came with the purpose of marrying me though?

Don't think USCIS is dumb. They have something between their ears they can think with.

Any mistake on your side could mess up the whole process.

[Chica Yeyé 41]

DCF is only available for married couples that live abroad (as in you+wife in a 3rd country other than the US), it does not apply to fiancees or to spouses living separately.

As for visa fraud, believe me, they will find out - and if they do, that's a looooooooooooong ban for your spouse that you won't want to risk.

Good luck, L.

[ssulungnamjah 0]

let's say i gather up all of the necessary paperwork, fill them out, and send them out before the end of this month how long would it take approximately to get the k-1 visa?

[Dakine 26]

let's say i gather up all of the necessary paperwork, fill them out, and send them out before the end of this month how long would it take approximately to get the k-1 visa?

If you do everything correct and not get a RFE! About 6+ months

[ssulungnamjah 0]

if let's say she comes to the states sometime next year and we decide to get married and i apply for a k-3 visa how long would that process take?

[ssulungnamjah 0]

also, if i do decide to go through with the k-1 visa application process and put it in this month and my fiancee comes to visit me early next year (while the paperwork and everything is still being processed) is it possible for us to get married while waiting for the k-1 visa or would that cause complications?

[Dakine 26]

also, if i do decide to go through with the k-1 visa application process and put it in this month and my fiancee comes to visit me early next year (while the paperwork and everything is still being processed) is it possible for us to get married while waiting for the k-1 visa or would that cause complications?

Sure will cause problems. The K1 will be negated and you'll have to file a spouse visa.

May as well wait and get married and not file the K1 at all. She'll have to return to her country tho.

Best to just continue with the K1 and wait until she gets back to the states after she has K1 visa in hand and marry then.

Edited November 14, 2007 by Haole