# Qustion about the K-1 Visa



## 2fargone (Jun 14, 2011)

Can you apply for the K-1 visa enter the USA get married then leave? Or does the non American have to stay in the USA after the marriage to wait out till the new visa. 

I am looking for a visa that would allow a foreigner to get married in the USA but then return to their home country, and apply for a green card.

Thanks!!


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## Davis1 (Feb 20, 2009)

Poopsie23 said:


> Can you apply for the K-1 visa enter the USA get married then leave? Or does the non American have to stay in the USA after the marriage to wait out till the new visa.
> 
> I am looking for a visa that would allow a foreigner to get married in the USA but then return to their home country, and apply for a green card.
> 
> Thanks!!


That would sound like marriage fraud ..the US citizen has to file in the 
US


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## 2fargone (Jun 14, 2011)

Hi Davis! Thanks,

If the US citizen applies in the US and the K-1 is granted. Is there any reason the non USA can then leave the US and apply for their green card in their home country. Or must they stay in the US after the marriage?


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## Bevdeforges (Nov 16, 2007)

Poopsie23 said:


> Hi Davis! Thanks,
> 
> If the US citizen applies in the US and the K-1 is granted. Is there any reason the non USA can then leave the US and apply for their green card in their home country. Or must they stay in the US after the marriage?


It's not absolutely necessary to have an immigrant visa or even a long-stay visa to get married in the US - particularly if you're not planning on sticking around. However, once married, the US spouse would have to petition to sponsor the non-resident spouse to re-enter the US. That process often takes something like 6 to 9 months - but if you're ok with waiting that long to return, no reason you can't do that.

Hypothetical situation: Foreigner is in the US on a student visa and marries a US citizen. On completion of their US studies, the foreign spouse returns home - say, to finish their studies back there, or to attend to family matters before they can return to settle in the US. (We've had cases like this through the forum before.) When the foreign spouse is ready to rejoin their US spouse in the US, the process starts for obtaining a spouse visa, with the US spouse filing the appropriate paperwork on the US side.
Cheers,
Bev


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## 2fargone (Jun 14, 2011)

Bevdeforges said:


> It's not absolutely necessary to have an immigrant visa or even a long-stay visa to get married in the US - particularly if you're not planning on sticking around. However, once married, the US spouse would have to petition to sponsor the non-resident spouse to re-enter the US. That process often takes something like 6 to 9 months - but if you're ok with waiting that long to return, no reason you can't do that.
> 
> Hypothetical situation: Foreigner is in the US on a student visa and marries a US citizen. On completion of their US studies, the foreign spouse returns home - say, to finish their studies back there, or to attend to family matters before they can return to settle in the US. (We've had cases like this through the forum before.) When the foreign spouse is ready to rejoin their US spouse in the US, the process starts for obtaining a spouse visa, with the US spouse filing the appropriate paperwork on the US side.
> Cheers,
> Bev


Bev,
Very helpful. What would the foreigner need to say on entry point? Would they need to say they are getting married? 

What visa would US spouse need to petition for after the marriage?

I'm just curious as to why Davis1 said this would be marriage fraud. I don't want to do anything that would be considered to be fraud.


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## Bevdeforges (Nov 16, 2007)

If you're coming to the US the first time, strictly to get married, and then go back home for whatever reason, you can do so on a VWP (if you're eligible for that) or a regular tourist visa, if you're not. As long as your stay won't exceed the 90 days allowed.

The one catch is that you should bring plenty of evidence of your intention to return home when you say you will. Better even, to document your "need" to return home - housing lease, school enrollment, work commitment. They can and will turn you away if they suspect you're planning to get married and start settling in the US right away (which would be fraud). And unfortunately, in most cases, the immigration folks tend to assume you're planning on staying and put it back on you to "prove" that you're not. (It helps to have a very reasonable and provable explanation as to why you MUST return back home.)

After you're back home, your US spouse will need to file the regular forms to petition to bring a spouse to the US to join him or her. They'll need to prove that they can support you and have a place for you to live when you return. It's the same spouse visa (which includes a green card after your arrival). Once the US partner's status as sponsor has been approved, you'll be summoned to the US consulate in your home country to apply for the visa.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Check the specific laws of the state and municipality you get married in. Some are a bit quirky.


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## 2fargone (Jun 14, 2011)

Thank you!! So helpful!


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## Crawford (Jan 23, 2011)

If one wants to just enter the US, marry and then leave the country, why not do it on the VWP if one is eligible for the VWP?

There is nothing illegal about this, just need plenty of evidence when one is entering the US that one is leaving again after the marriage.

Then the US spouse can apply for the spouse visa for the other one. 

The spouse visa (CR-1) takes about 6 to 9 months to come through. The non US spouse can visit the other again on the VWP during this period.

Seems an easier way to do it to me.


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## 2fargone (Jun 14, 2011)

Crawford said:


> If one wants to just enter the US, marry and then leave the country, why not do it on the VWP if one is eligible for the VWP?
> 
> There is nothing illegal about this, just need plenty of evidence when one is entering the US that one is leaving again after the marriage.
> 
> ...


Hi Crawford,
Does it matter if the person is not from a VWP country? And has to apply for a visa to enter the USA. (They are from South Africa.) I would assume not. But, just checking.


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## Crawford (Jan 23, 2011)

Poopsie23 said:


> Hi Crawford,
> Does it matter if the person is not from a VWP country? And has to apply for a visa to enter the USA. (They are from South Africa.) I would assume not. But, just checking.


South Africans don't qualify for the VWP (Visa Waiver Program), so my suggestion is not applicable in their case.

However, if one enters the US on a visitor's visa (not the VWP) and gets married and then the non-US spouse leaves the country and applies for spousal visa while out of the country that is doable.

What is not legal is entering the US on a visitor's visa with the intention of marrying and then going for adjustment of status - that is considered visa fraud


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