legal K1 marriage, but then leaving the country

skyboy09

New Member
If i as a US citizen was to sponsor my fiancee through the K1 visa, marry her in the US as requested, but if both of us would shortly thereafter leave back to her country, would it be a problem?
 
If you do, depending on how soon you leave, she will be unable to adjust status to permanent resident.
Adjusting status takes approx 8 months, so if you leave before she has adjusted status, then her petition will be deemed abandoned. Also, if she does successfully adjust status and obtains a greencard, she will need to permanently reside in the US in order to maintain it (to live in another country, and not maintain residence in the US could mean that she abandons her greencard).

However, if your plan is to permanently move to her country and not adjust status, then that is fine. You can get married and then leave without any problems. Im guessing your fiance is from a country where it is difficult to obtain a tourist visa?
 
mostly yes. It seems like a pretty high rate of refusal to begin with and you have to prove exaggeratedly well that it is ones intention to return.
 
Just make sure she has filed for her AOS and acquired an AP document before she leaves the US.

If i as a US citizen was to sponsor my fiancee through the K1 visa, marry her in the US as requested, but if both of us would shortly thereafter leave back to her country, would it be a problem?
 
What happen if she comes here via K1, but then we both leave the country without filing AOS and AP documents? (Just to make sure she get the visa, since K1 is the safest and easiest way to get one)
I assume by doing it, we will have our marriage certificate on hand anyway, so in the future whenever we want to come back to US permanently, we just apply for K3
Is it legal and good idea?
 
Yep. Its completely legal to go that route (marry on a K1 and not AOS)- and obviously as your fiance is from a country where tourist visas are difficult to get, then in your case I think its a good idea.

Though on another note....when you do want to return, I would suggest filing for an immigrant visa and not a K3. The K3 is more expensive and it requires your then spouse to go through AOS in order to get a work permit, AP and then green card (this takes time and money). Whereas with the immigrant visa your spouse will automatically become a permanent resident once she enters the US with her visa and will be work authorized from day one.
 
Okay, then if she will not file the AOS and AP, any other document we need to submit or file? Does she need to apply for SSN since she wont stay here?
Can we get married as soon as she arrives (maybe within few days)?
 
Nope. She doesnt need to apply for anything.
Based upon having a K1 she could get a SSN seeing as you are going to be returning at some point....this would just be one less hassle for you to deal with when you eventually come back. Though of course you dont need to get a SSN as your then wife will be able to get one when you return again with a spousal visa.
The only time you file any forms is if you are wanting to go through AOS. As this will not be your intention, then you dont need to file anything. Just make sure that you have a certified copy of your marriage certificate as you will need this for when you apply for the spousal visa.
As for when you marry....the only restriction is that the marriage must take place within 90 days of US entry, so you could literally get married the second she walks through customs :p
Me and my hubby got married 4 days after I arrived.
 
Depending upon how long youre going to be living in Indonesia, then you could be eligible to apply for the immigrant visa via Direct Consulat Filing. This is where, instead of filing the petition at a USCIS service center in the US, you actually file it directly to the US embassy/consulate in the country youre living in. Now in order to be able to do this I think you must have gained indefinite leave to remain there (well, at the least for the UK anyway)...though from reading the instructions, as far as I can see, you need to have a permanent residence abroad that is legally established for at least 6 months. DCF is hugely advantageous as you end up with the same visa though it only takes approx 6 months. You should prob look into more detail for you specific consulate on their website.
Heres more details: http://www.visajourney.com/forums/index.php?autocom=custom&page=dcf

As for whether you can file for a spousal visa while over seas...as far as Im aware, yes!! You just need to make sure that you have an established address in the US that information/documents from USCIS can be mailed to, and then someone you trust is able to forward them to you...in particular, the NOA2.
 
What was the outcome?

Our interview is in just a few weeks. I applied for a K1 for my fiancé. We live in Singapore (she is NOT Singaporean and has no hope of getting a tourist visa).

We plan to get her a SSN, get marred, honeymoon, and leave. We will not AOS.

We are buying a condo and I will be giving up US citizenship in the future.

We only want an SSN fit her because it is easier than getting a TIN and I her as a dependent to get a break on the taxes.
 
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