K1 Fiancee Visa Two Year Requirement Enforced Strictly?

[scottydel]

Hi,

My girlfriend and I met in 2006 and have a 4-year-old son together. My son and I are both US Citizens. Trying to bring his Mom back to the states for a visit. I'm considering a K1, but apparently the K1 fiancee visa is only for couples who have met inside of two years from when they apply for the K1. This is clearly not us, since our son is 4 already

Should I not even bother trying the K1 route?

If anyone has experience applying for a K1 where you knew each other longer than 2 years, I'd love to hear what happened. I'm not sure what that stipulation is supposed to encourage or prevent from happening but it seems silly. Taking longer than 2 years to get to know someone before you marry them seems like common sense to me, but then again we are talking about government agencies and embassies here, so we know common sense need not be present!

Thanks,

Scott

[trisailer]

Your not married so you should be ok with the K-1 visa. I haven't heard of a maximum amount of time just the minimum.

They will see that you have been togather for years and that should help you get the visa. Of course your comment about common sense is completely accurate.

good luck

[juanellis]

The requirement is that you have "met in person" which means you have been together at some point in the past two years. So you are OK (assuming you haven't gone the past two years without seeing her). If you met her four years ago, moved back to the USA and hadn't seen her in over 2 yrs, then you would not qualify for a K-1. If you met her for just one day and it was one year and eleven months ago, you would qualify to file a K-1. Clear?

Also, the K1 is for a fiancee with the intention of marrying within 90 days of entering the US and then filing for adjustment of status to obtain a green card. Is this your plan?

If you both reside in Thailand, then a tourist visa may be the way to go (although that might be easier if you two were married).

Edited May 14, 2011 by juanellis

[scottydel]

The requirement is that you have "met in person" which means you have been together at some point in the past two years. So you are OK (assuming you haven't gone the past two years without seeing her). If you met her four years ago, moved back to the USA and hadn't seen her in over 2 yrs, then you would not qualify for a K-1. If you met her for just one day and it was one year and eleven months ago, you would qualify to file a K-1. Clear?

Also, the K1 is for a fiancee with the intention of marrying within 90 days of entering the US and then filing for adjustment of status to obtain a green card. Is this your plan?

If you both reside in Thailand, then a tourist visa may be the way to go (although that might be easier if you two were married).

That is clear, thanks. My intention is not to marry, just to get her over to the USA for a visit. We tried a tourist visa a couple years ago and were denied. My g/f has no money or assets in her name, works a low-paying, seasonal job and on paper does not look like someone to give a tourist visa to. I did open her up a bank account, so maybe that will help. But I have a feeling no matter what I do the tourist visa won't work so I'm looking at other options.

I never thought of marrying to up the probability of getting her tourist visa approved. Do you know for certain that would make a tourist visa easier? Any other thoughts are appreciated.

[wildoates]

The requirement is that you have "met in person" which means you have been together at some point in the past two years. So you are OK (assuming you haven't gone the past two years without seeing her). If you met her four years ago, moved back to the USA and hadn't seen her in over 2 yrs, then you would not qualify for a K-1. If you met her for just one day and it was one year and eleven months ago, you would qualify to file a K-1. Clear?

Also, the K1 is for a fiancee with the intention of marrying within 90 days of entering the US and then filing for adjustment of status to obtain a green card. Is this your plan?

If you both reside in Thailand, then a tourist visa may be the way to go (although that might be easier if you two were married).

That is clear, thanks. My intention is not to marry, just to get her over to the USA for a visit. We tried a tourist visa a couple years ago and were denied. My g/f has no money or assets in her name, works a low-paying, seasonal job and on paper does not look like someone to give a tourist visa to. I did open her up a bank account, so maybe that will help. But I have a feeling no matter what I do the tourist visa won't work so I'm looking at other options.

I never thought of marrying to up the probability of getting her tourist visa approved. Do you know for certain that would make a tourist visa easier? Any other thoughts are appreciated.

No that won't make the tourist visa easier. my wife just got one, we live here together in Thailand and she showed house, land, car, dogs, bank and a copy of my Retirement visa and my yellow house book. they want to make sure she has a reason to return....and if you live in the states, with the child, would not give them a warm and fuzzy feeling.... It does open the door for the K1 though....

Edited May 14, 2011 by wildoates

[juanellis]

The requirement is that you have "met in person" which means you have been together at some point in the past two years. So you are OK (assuming you haven't gone the past two years without seeing her). If you met her four years ago, moved back to the USA and hadn't seen her in over 2 yrs, then you would not qualify for a K-1. If you met her for just one day and it was one year and eleven months ago, you would qualify to file a K-1. Clear?

Also, the K1 is for a fiancee with the intention of marrying within 90 days of entering the US and then filing for adjustment of status to obtain a green card. Is this your plan?

If you both reside in Thailand, then a tourist visa may be the way to go (although that might be easier if you two were married).

That is clear, thanks. My intention is not to marry, just to get her over to the USA for a visit. We tried a tourist visa a couple years ago and were denied. My g/f has no money or assets in her name, works a low-paying, seasonal job and on paper does not look like someone to give a tourist visa to. I did open her up a bank account, so maybe that will help. But I have a feeling no matter what I do the tourist visa won't work so I'm looking at other options.

I never thought of marrying to up the probability of getting her tourist visa approved. Do you know for certain that would make a tourist visa easier? Any other thoughts are appreciated.

The embassy is concerned with her "immigrant intent". As a single Thai lady with no assets, job, etc. her risk of staying in the USA is seen as high as it is solely based on her information (she has little reason to return to Thailand).

If she were married to you, her situation changes and will be judged to a greater extent based on where you live. If you reside in Thailand (and have good reasons to return - job, house, retirement visa, business, etc) then her reason to return to Thailand is linked to you - but only if you are married. If you reside in the USA, then marrying her only increases the risk of her staying in the USA and would still result in the tourist visa being denied.

Nothing is "certain" with applying for a visa. Best of luck!

John

[scottydel]

The requirement is that you have "met in person" which means you have been together at some point in the past two years. So you are OK (assuming you haven't gone the past two years without seeing her). If you met her four years ago, moved back to the USA and hadn't seen her in over 2 yrs, then you would not qualify for a K-1. If you met her for just one day and it was one year and eleven months ago, you would qualify to file a K-1. Clear?

Also, the K1 is for a fiancee with the intention of marrying within 90 days of entering the US and then filing for adjustment of status to obtain a green card. Is this your plan?

If you both reside in Thailand, then a tourist visa may be the way to go (although that might be easier if you two were married).

That is clear, thanks. My intention is not to marry, just to get her over to the USA for a visit. We tried a tourist visa a couple years ago and were denied. My g/f has no money or assets in her name, works a low-paying, seasonal job and on paper does not look like someone to give a tourist visa to. I did open her up a bank account, so maybe that will help. But I have a feeling no matter what I do the tourist visa won't work so I'm looking at other options.

I never thought of marrying to up the probability of getting her tourist visa approved. Do you know for certain that would make a tourist visa easier? Any other thoughts are appreciated.

The embassy is concerned with her "immigrant intent". As a single Thai lady with no assets, job, etc. her risk of staying in the USA is seen as high as it is solely based on her information (she has little reason to return to Thailand).

If she were married to you, her situation changes and will be judged to a greater extent based on where you live. If you reside in Thailand (and have good reasons to return - job, house, retirement visa, business, etc) then her reason to return to Thailand is linked to you - but only if you are married. If you reside in the USA, then marrying her only increases the risk of her staying in the USA and would still result in the tourist visa being denied.

Nothing is "certain" with applying for a visa. Best of luck!

John

I see what you're saying. If we married it would probably make more sense to go for a K3 (or K1 if we were engaged). In that case, I hope "immigrant intent" is a non-issue as the point would be for her to stay a long time. I really do just want here to visit for a few weeks for the first time around, then if she likes it maybe we pursue her returning for a long time. Such a pain in the arse considering we have a child together who holds two passports.

I think the flight risks are the ones crawling under fences, they should give those with family who are US citizens trying to enter the legal way a break!