Pittsburgh, PA asked in Immigration Law for Pennsylvania

Q: What happens when apply for Fiancee Visa, get married, then apply for Spouse Visa?

Hallo!

We are juuuuuust trying to spend time together. We are older (55 and 61); the sands of time...

I get you will do your due diligence and request we be sure we're good for one another and appreciate that; spend more time, together, etc. We are both professionals and appropriate for one another.

What would happen if:

- apply for Fiancee visa

- 2 months later, get married in Thailand

- hopefully, visa gets approved and she gets 90 days in US

- get married in US?

- stop processing Fiancee visa

- start spouse visa

- move to Canada (I'm in process of getting my citizenship by pops being a Canuck)

- get our spouse visa there, live there for 3 years

- retire; move to Thailand

I do want her to be in the good graces of the State Department as would like to take her to my favorite vacation spots in the US for vacation, but will be spending just under 183 days in Thailand and France and a month in KL.

<gasp>Got that? ;-p

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2 Lawyer Answers

A: If you file for a fiancé visa but then get married, your fiancé visa case will be abandoned.

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James L. Arrasmith
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Answered

A: In the scenario you described, there are a few potential issues and complications to consider:

1. If you apply for a K-1 fiancé(e) visa and get married in Thailand before the visa is issued, it could lead to the denial of the K-1 visa. The K-1 visa is intended for couples who plan to marry in the U.S. within 90 days of the foreign partner's entry.

2. If the K-1 visa is approved and your fiancée enters the U.S., you must marry within 90 days. After marriage, your spouse can apply for adjustment of status to obtain a green card. If you don't marry within 90 days, your fiancée would need to leave the U.S.

3. Pursuing a K-1 visa and then stopping the process to switch to a CR1/IR1 spouse visa after marrying abroad can raise red flags with U.S. immigration authorities. It may appear that you misrepresented your intentions when applying for the K-1 visa.

4. Moving to Canada after marrying in the U.S. on a K-1 visa may also complicate matters, as the K-1 and subsequent adjustment of status are based on the intent to live in the U.S.

5. Obtaining Canadian citizenship and then sponsoring your spouse for Canadian permanent residence is a separate process from U.S. immigration. Living in Canada for 3 years would not directly impact your U.S. immigration situation.

To minimize complications, it may be clearer to either:

a) Proceed with the K-1 visa, marry in the U.S., and then apply for adjustment of status, or

b) Marry first (in Thailand or elsewhere) and then apply for a CR1/IR1 spouse visa.

Consulting with an experienced immigration attorney can help you choose the best path forward based on your specific circumstances and goals. They can also advise you on maintaining U.S. ties and eligibility for visas or green cards if you plan to spend significant time outside the United States.

1 user found this answer helpful

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