Is the K1 Visa One Way?

Answers to your qestions about moving to, and living in, Peru,
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Is the K1 Visa One Way?

Postby simperu2012 » Tue Oct 29, 2013 8:38 am

My fiancée and I have started the process for the K1 visa. Everything seems to be going well, but I wanted to know if the K1 visa is one way. She wants to finish her degree her in Peru, and in case she gets the visa beforehand, we thought it best for her to return until she finishes after we get married in the States. Is this possible, or must she stay with me in the U.S. for a certain amount of time? I'm sure she wouldn't have a problem staying with me, but it's also important for her to finish her studies. Has anyone else experienced a similar situation? Would she have to get her green card before should could return to Peru? Thanks.

Peace and love.

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Re: Is the K1 Visa One Way?

Postby Arroz con Pollo » Tue Oct 29, 2013 3:29 pm

Upon entering the US, before the marriage takes place, she will be considered a non-immigrant with temporary status for up to 90 days.

The day you get married she is considered a "conditional" permanent resident. Now her intent should be to stay in the US and apply for full permanent status. If she wishes to return to study it is at this point she should return back to Peru. She'll lose her conditional status in the process and need to apply for one of two visas if she wishes to enter the US again. 1) Tourist Visa or 2) Permanent Residency as a spouse of an American Citizen.

If, after marrying, she wants to change her conditional status to full permanent status, then she wont' be able to leave the US while waiting for this visa for extended time periods without risking losing the application and having to start over.

I'm not immigrations expert but I have read quite a bit on the topic.

-- Now here are my totally subjective opinions:
So yes if you really want to get married now then do the fiance visa, get married, and she should return back to Peru immediately and finish schooling. Come back when she's ready to live in the US on a residency application as a spouse of a US citizen (FORM I-130). I can only imagine though that this will be a bit complicated and require a lot more red tape BS than it's worth and more $$$. You'll have fees for the K1 and the I-130.

My advice is don't get married yet if she's not ready to stay here permanently. Just wait!
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Re: Is the K1 Visa One Way?

Postby captcosmic » Tue Oct 29, 2013 3:51 pm

I got married in peru. Did all the paperwork for my wife and daughter, myself. I researched this excellent blog for help.

And when it got bogged down, my senator actually helped move it along with just one call. They have a webpage and a privacy form before they take your info....but at least mine was VERY helpful!

Good luck
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Re: Is the K1 Visa One Way?

Postby Chucky » Wed Oct 30, 2013 3:31 pm

I don't know how much time before she finishes her studies but remember, once the visa is actually issued, she will have 6 months to enter the U.S. So between the time it takes to get the visa and the 6-month grace period once she gets it, she may have enough time to finish. Good luck.

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