K-1 Or K-3

[KDS11]

I have been having trouble getting my thai GF a US tourist visa as discussed in my previous post. So I am thinking about getting a k-1. But I am really not ready to be married , would prefer to have her spend some time in the US to see how it works out first, then send her back to Thailand for a bit before the marriage.

So the question is:

1. If she comes in on a K-1 one and we do not get married. And then latter she wants to get a toursit visa will the fact that she did not marry on the k-1, but did return to thailand, help or hurt her.

2. Lets assume that I dont get married during the K-1 stay but later marry her in thailand. Will she then have a problem getting the k-3 since we did not go through with the marriage with the k-1.

3. Is k-1 or K-3 easier.

thanks

[kenk3z]

Can't answer all your questions but can at least give you some response.

First, I'm sure you know that there is no obligation to marry just because you both applied for and received a K-1 visa. It is very important for your friend's history of visa compliance that she leave the US within the 90 days allowed by this type of visa, if you don't get married.

There are stories of people who did not marry on the first K-1 to go back and get another K-1 later. Or to end up getting married later in the foreign country and submitting a K-3. But please be aware that the K-3 takes MUCH longer to process, whereas the K-1 moves along relatively quickly and then you get to be together in the US.

I don't know about subsequent tourist visa's after a K-1. There may not be any relevancy betwen the two. On one hand, it would look good if she complied with the visa requirements and time limitation on the K-1. On the other hand, they may fear she is now going to try getting married on a tourist visa and then apply for Adjustment of Status - something US Immigration seems to dislike.

Also, within some limit, there is no stigma for you to have an "unsuccessful" K-1 - meaning you do not end up getting married. You can be part of another K-1 later, whether with the same girl or another. However I hear this starts to get some attention along about the third K-1 attempt.

Much more information directly related to the US Immigration situation can be found at www(dot)visajourney(dot)com.

kenk3z

Edited November 27, 2005 by kenk3z