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Posts: 81

Governor

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Q: Applying for Fiance visa k1?

Anyone have any experience getting a fiance visa? I've been told it can be gotten as short as 60 days and as long as...well forever I guess. I know they ask for proof that the couple will get married within 90 days. Any consequences if we don't?

Yea I know, trying to bring my girlfriend home (US) to visit and having visa issues. She doesn't own a home or have a ton of money so that kind of rules out tourist visa, hoping this k1 visa can work. We will only be staying for 2 weeks max, since I read something about deportation in 30 days if you don't plan on marrying.

Anyone have any thoughts about this? Is it really that futile?

11 years 35 weeks ago in  Visa & Legalities - China

 
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Posts: 2409

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I have seen fiance visas take up to a year to process.  The biggest issue is the guy proving he has the ability to take care of the girl financially. (job, savings, home, etc...).

 

If you bring her over on an fiance visa, and you don't get married, then you will probably never get another one.  And if she can't get a tourist visa, then getting a K1 is going to be kind of difficult at best.

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11 years 35 weeks ago
 
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The basic difference between a tourist and a fiance visa could  be summed up in who has the burden of proof.  In  tourist visa, she will have to prove that she has enough money for the trip, a round trip ticket, a steady job here in China, a bank account with funds in the two or three hundred thousand range, maybe even own a home here.  if she goes in  tour it would be a lot easier to get, but she can not officially abandon the tour to do her thing with you.

In a fiance visa, the burden of proof is mainly with you, her health and how you two met, for how long, and how serious is the relationship is also important.  but if you use a fiance visa to gain entrance for a two weeks visit, it will very hard afterwards to get another visa based on relationship, fiance or wife, because State Dept will consider the relationship did not work. 

 

With a fiance visa, if not married 90 days after arrival, if she does not leave USA she will be consider an illiegal immigrant, and deported if caught.

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11 years 35 weeks ago
 
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