(Closed) Fiance (K-1) Visa needed if we’re not staying in the US?

posted 8 years ago in Legal
Post # 3
Member
450 posts
Helper bee
  • Wedding: August 2009

Hmm. I’m not totally sure, but I think that anyone unless they’re from the European Union needs a visa of some sort to get into the US. My hubby is from Turkey and was telling me this when we were applying for his Greencard. Good luck!

Post # 4
Member
3979 posts
Honey bee
  • Wedding: January 2012

He won’t need a K1 Visa. A K1 visa is intended for FI’s who plan to live in the US exclusively after marriage! When you do decide to move back to the US you will have to bring him in using a K3 Spousal visa. The process takes roughly the same amount of time as a K1 Visa, only he isn’t allowed to come back to the US until he has his visa in hand. I hear the interview process is more detailed though…

If he’s coming to the US for the wedding make sure he doesn’t say he’s getting married to immigration. They will most likely deny him entry & label him an “attempted immigrant”. I’ve been slapped with this label because I’ve been with my FI for almost 4 years & I travel back and forth a lot.

Post # 6
Member
2398 posts
Buzzing bee
  • Wedding: April 2010

Recessionista is right.  He’ll need a visa to enter the U.S. when you guys decide to come back for good, but he doesn’t need a visa stamp for the short trip.  (British citizens are exempt as part of the visa waiver program.)

Post # 9
Member
204 posts
Helper bee
  • Wedding: July 2010 - Catholic Ceremony, Cultural Hall Reception

I second recessionista!  He should be ok entering the country, as long as he doesn’t actually say that he is getting married, bc immigration will not believe that he is not planning on staying.  Also, be sure to get the application process started about a year before you plan on moving back to the states, since it can take that long to get all of the necessary paperwork, and I am guessing that you guys will not want to be apart during the process.

Good luck!

Post # 11
Member
2398 posts
Buzzing bee
  • Wedding: April 2010

@kbowen – Your marriage will always be valid, regardless.  :o)  USCIS doesn’t have the ability to invalidate your marriage license just because some numbnuts in Customs is having a bad day.

Post # 13
Member
204 posts
Helper bee
  • Wedding: July 2010 - Catholic Ceremony, Cultural Hall Reception

Although I would check what your area’s requirements are as far as a marriage license.  I can’t be sure since we got married in Canada, but I think that I may have read somewhere that some areas in the US will not grant you a marriage license without a permanent address or social security number.  Again, I am not really positive about it, but perhaps you should check…better safe than sorry!

Post # 15
Member
2889 posts
Sugar bee

We are doing the same thing (he’S an EU citizen) and I also heard it is important not to tell immigration he is entering with the intent to get married.

When you decide to move back to the US, I hear 2 years of marriage is the magic number for making the process easier. A friend of mine did this after only a year of marriage and she needed to have her parents vouch for her husband and renew the visa after a year but they told her if she had been married for 2 years he could have had a longer visa from the begining. Something to keep in mind when you plan your move.

We went to city hall to make sure we have everything for the liscence and my city cleark’s office just tolf us to bout register using my parents’ address. He very clearly told them that he didn’t live in the US and they said it would be easier if he could just list that as his address.

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