K-1 as a tourist visa

[USA-Abroad]

Hello everyone, I am having a lot of trouble finding information and tips about my situation so here I am. Here's the situation: I am a non-resident US citizen living abroad. I've been living abroad for over five years, in Vietnam. My job is an English teacher, so my ties to the country I live in are not strong. I have a fiance who've I've known for 3 years. She first applied for a B-1/B-2 visa (as my girlfriend) in October 2014. No misrepresentation, intent was to meet my family, travel around and return to Vietnam with me. The application was declined. I traveled to the US and back to Vietnam alone that year. July 2016, she applied again, this time as my fiance, with the same intent and no misrepresentation. Our wedding is NOT to take place in US, but after we return to and in Vietnam. This interview was only 3 questions. "Where are you going?" "How long are you staying?" and "What does your fiance do for work?" Again the application was declined. It's seems obvious that we are getting declined because of me and that we are now engaged. I do understand how the situation is perceived by the consul, but I don't know how to overcome this perception that they believe our intent is to marry/stay in the US.

One way we might be able to do it is with a K-1 visa. We are getting married soon no matter what and I feel that after we are married we will have the SAME problem applying for a B-2 visa again. Probably worse after the marriage. BUT... instead we apply for a K-1 visa. All the ceremonies and celebrations would be held in Vietnam, but the actual legal paperwork and marriage license would be issued in the US. We travel to the US with the K-1, have our overdue visit, get married and RETURN to Vietnam. She does NOT file for a Change of Status. I can find wording on the US government websites that implies that this is okay. My main concern though is, I cannot find a clear answer for intent. If our intent is to NOT remain in the US after the marriage, does that mean we have misrepresented ourselves by applying for a K-1 in the first place? Is the K-1 ONLY for fiances of US citizens wishing to live in the US?

Also, as I understand it, if it is allowable that still means we would have to apply for a B-2 for any visits in future years. And possibly be declined due to our existing marriage... even though we could have stayed and lived in the US during the K-1 process but chose not to. And, if we later decide to move to the US, I would probably have to live there for a year without her to establish my job and income in order to sponsor her for a K-3. Nothing is ever easy for the poor and honest.

Which brings me to another concern. Sponsorship. Assuming the K-1 is an option, I don't believe I qualify as a sponsor for 2 reasons. One, I am not a resident so I am immediately disqualified (from the I-864), and two, I don't believe my foreign income meets US requirements. But since we do not intend to file a Change of Status, the I-864 should not be needed. Could my family member co-sponsor her on the I-134? If so, how does the consulate view this?

Thanks in advance for any information and taking the time to read my post.

[rayb]

1. If your foreign income is reported to IRS with an income tax return (as required of U.S. citizens and Green Card holders working abroad), and you maintain an address in the U.S., you can be an I-864 sponsor.
2. Even after marriage, B2 applications have a high rate of denial, especially from HoChiMinh Embassy.
3. If your young lady comes to the U.S. on a K1 visa, you marry, then sticks out the 6-month waiting period here for her to get a Green Card, subsequent travel abroad for up to a year, or even more with a Reentry Permit will normally be allowed.

--Ray B

Hello everyone, I am having a lot of trouble finding information and tips about my situation so here I am. Here's the situation: I am a non-resident US citizen living abroad. I've been living abroad for over five years, in Vietnam. My job is an English teacher, so my ties to the country I live in are not strong. I have a fiance who've I've known for 3 years. She first applied for a B-1/B-2 visa (as my girlfriend) in October 2014. No misrepresentation, intent was to meet my family, travel around and return to Vietnam with me. The application was declined. I traveled to the US and back to Vietnam alone that year. July 2016, she applied again, this time as my fiance, with the same intent and no misrepresentation. Our wedding is NOT to take place in US, but after we return to and in Vietnam. This interview was only 3 questions. "Where are you going?" "How long are you staying?" and "What does your fiance do for work?" Again the application was declined. It's seems obvious that we are getting declined because of me and that we are now engaged. I do understand how the situation is perceived by the consul, but I don't know how to overcome this perception that they believe our intent is to marry/stay in the US.

One way we might be able to do it is with a K-1 visa. We are getting married soon no matter what and I feel that after we are married we will have the SAME problem applying for a B-2 visa again. Probably worse after the marriage. BUT... instead we apply for a K-1 visa. All the ceremonies and celebrations would be held in Vietnam, but the actual legal paperwork and marriage license would be issued in the US. We travel to the US with the K-1, have our overdue visit, get married and RETURN to Vietnam. She does NOT file for a Change of Status. I can find wording on the US government websites that implies that this is okay. My main concern though is, I cannot find a clear answer for intent. If our intent is to NOT remain in the US after the marriage, does that mean we have misrepresented ourselves by applying for a K-1 in the first place? Is the K-1 ONLY for fiances of US citizens wishing to live in the US?

Also, as I understand it, if it is allowable that still means we would have to apply for a B-2 for any visits in future years. And possibly be declined due to our existing marriage... even though we could have stayed and lived in the US during the K-1 process but chose not to. And, if we later decide to move to the US, I would probably have to live there for a year without her to establish my job and income in order to sponsor her for a K-3. Nothing is ever easy for the poor and honest.

Which brings me to another concern. Sponsorship. Assuming the K-1 is an option, I don't believe I qualify as a sponsor for 2 reasons. One, I am not a resident so I am immediately disqualified (from the I-864), and two, I don't believe my foreign income meets US requirements. But since we do not intend to file a Change of Status, the I-864 should not be needed. Could my family member co-sponsor her on the I-134? If so, how does the consulate view this?

Thanks in advance for any information and taking the time to read my post.

[USA-Abroad]

1. If your foreign income is reported to IRS with an income tax return (as required of U.S. citizens and Green Card holders working abroad), and you maintain an address in the U.S., you can be an I-864 sponsor.
2. Even after marriage, B2 applications have a high rate of denial, especially from HoChiMinh Embassy.
3. If your young lady comes to the U.S. on a K1 visa, you marry, then sticks out the 6-month waiting period here for her to get a Green Card, subsequent travel abroad for up to a year, or even more with a Reentry Permit will normally be allowed.

--Ray B

Thanks Rayb. I'm still not certain if I should proceed with the K-1 visa, or if I even can. In response to your advice:
1. I do NOT maintain an address in the USA. I file my taxes with my permanent residence in Vietnam. So my first problem is IF I qualify to do so. My second problem is which income level must I surpass, as I thought it was based on state of residence.
2. Yes I've heard the same.
3. I don't think she wants to stay for 6 months or longer. The way I understand it is that (if the K-1 is possible and) if we return to Vietnam and later decide to move to America, I would have to apply for the K-3 visa. I don't think there's anyway around the income requirement, so that is a big issue. As it seems, I would have to have an American income for at least a year (or a contract offer possibly) The ONLY good thing is that if we've been married for more than 2 years, she would be granted an immediate green card, at least according to what I've read.

My main issues which I still cannot find a definite answer about are:
1- Can I use my foreign income (probably insufficient) on the I-134?
2- Can a close family member co-sponsor? - which I believe they could but how will this affect the application?
3- Do we disclose our intent to return to Vietnam after the marriage or does that disqualify us from the K-1?

[rayb]

USA-Abroad,

1. Your petition should show a U.S. address (relative or otherwise) at which you can receive mail and have it forwarded, and as a "paper" destination for your girlfriend.
Income requirement is either Stateside mainland, or slightly higher for Hawaii or Alaska, and would be determined by your state of domicile or destination.
3. There is no K3 visa currently supported by USCIS without first applying for a CR-1 visa. If your gal and you marry in the U.S. and she leaves the U.S. without a Green Card, you would have to apply for a CR-1 spousal visa. There is no requirement that you must have an American income for a year. Foreign income is acceptable if you file a U.S. income tax return (as legally required by IRS). The 2-year marriage requirement only gets her the 10-year Green Card faster. The Conditional 2-year Green Card (if married less than two years) has all the same benefits as the 10-year Green Card.

Second group of questions:

1. If your foreign income is insufficient, using the I-134 is a moot point. If you marry first, you will find it easier to use a co-sponsor, even though you still remain the primary sponsor.
2. Yes, for a spousal immigrant visa.
3. There is no reason to disclose long term goal of returning to Vietnam, but the whole effort to get her a fiancee visa to the U.S. without following up with Adjustment of Status and a Green Card seems to be only a strategy for her to visit the U.S.

--Ray B

Thanks Rayb. I'm still not certain if I should proceed with the K-1 visa, or if I even can. In response to your advice:
1. I do NOT maintain an address in the USA. I file my taxes with my permanent residence in Vietnam. So my first problem is IF I qualify to do so. My second problem is which income level must I surpass, as I thought it was based on state of residence.
2. Yes I've heard the same.
3. I don't think she wants to stay for 6 months or longer. The way I understand it is that (if the K-1 is possible and) if we return to Vietnam and later decide to move to America, I would have to apply for the K-3 visa. I don't think there's anyway around the income requirement, so that is a big issue. As it seems, I would have to have an American income for at least a year (or a contract offer possibly) The ONLY good thing is that if we've been married for more than 2 years, she would be granted an immediate green card, at least according to what I've read.

My main issues which I still cannot find a definite answer about are:
1- Can I use my foreign income (probably insufficient) on the I-134?
2- Can a close family member co-sponsor? - which I believe they could but how will this affect the application?
3- Do we disclose our intent to return to Vietnam after the marriage or does that disqualify us from the K-1?