Does Having Been to the U.S. On a Prior Visa Affect the Process of a Fiance/Spousal?

[Haley53]

I'm curious.

I've noticed that on most of the forms I've looked at, they've requested information about whether you've ever been to the U.S. on a Visa before. I was wondering if you have, would this in any way negatively affect your application for a Spousal/Fiance Visa in the future?

My partner and I had it figured that he would come here on a Work Visa in/around the year 2014. It would give us the chance to live on our own with one another for <around> a year, which, in my opinion, is an important step to take pre-marriage. If all went well, we would apply for him to come here permanently, as my <to-be> husband (originally, we had thought a K-1, but given our individual circumstances and our family's circumstances, we may actually consider a Spousal). I realise that this wouldn't be happening until 2015/2016, maybe even 2017, and some things may change come then, but I'm curious as to the way things are now, would having come here and worked on a Visa for a year alter the process/approval process any when we went back to apply for a Fiance/Spousal Visa?

I realise it sounds like a ridiculous question, because I can't see where it would negatively affect his chances, especially if he didn't get into any trouble while here on it, but I don't want to take chances and I know there are people here who know more about it than me. :P

[pink elephant]

I'm guessing the forms you're talking about are the US K-1 visa forms?

Through what my fiance has told me (he interviewed through the US Embassy in London, was approved for the K1 visa on 31 August and will be here in T minus 2 weeks) he came across a fellow from England who was at the US Embassy applying for a visa to enter the US. Said fellow informed my fiance it was his third time at the US Embassy because he had been to the United States as an exchange student over 20 years before, but while on that visa/during his time there in the US, he had received a DUI. Apparently that one little incident (his record had been entirely squeaky clean ever since then) had affected his ability to enter the United States. Even though he hasn't done anything wrong!

From conversations with my fiance's sister (she's an immigration lawyer for those moving to the UK, but has friends who deal with US immigration law) as long as you haven't done anything superbly wrong (minor traffic violations not being counted) while working on a US visa prior to applying for a K-1 visa should be okay. In fact, I personally think it's a good thing if your SO were to spend time together prior and that your SO would be able to spend time in the US - that would definitely serve as an advantage for a K-1 visa application. But a factor that may have an affect on your SO's visa-granted-ability (whichever you decide to go with in the end) would be where your SO is from..

Although, I'm kind of confused when you say you're considering a "Spousal" -- as in, you plan to marry your him while he is on a work visa in the US with you already?

I don't know if this would be of any relevance, but my fiance came to visit me in the US on a normal tourist visa and he was asked about his time here during his interview, which according to him improved his likeability during his interview.

I'm curious.

I've noticed that on most of the forms I've looked at, they've requested information about whether you've ever been to the U.S. on a Visa before. I was wondering if you have, would this in any way negatively affect your application for a Spousal/Fiance Visa in the future?

My partner and I had it figured that he would come here on a Work Visa in/around the year 2014. It would give us the chance to live on our own with one another for <around> a year, which, in my opinion, is an important step to take pre-marriage. If all went well, we would apply for him to come here permanently, as my <to-be> husband (originally, we had thought a K-1, but given our individual circumstances and our family's circumstances, we may actually consider a Spousal). I realise that this wouldn't be happening until 2015/2016, maybe even 2017, and some things may change come then, but I'm curious as to the way things are now, would having come here and worked on a Visa for a year alter the process/approval process any when we went back to apply for a Fiance/Spousal Visa?

I realise it sounds like a ridiculous question, because I can't see where it would negatively affect his chances, especially if he didn't get into any trouble while here on it, but I don't want to take chances and I know there are people here who know more about it than me. :P

[Haley53]

My partner is from Ireland.

And the reason we were thinking about a Spousal Visa was as I understand it, once we get married here, if we went with a K-1, he would either need special permissions to leave the country or he couldn't? For 2 years? Not only does he have a bigger family than I do, but his mother is not well enough to travel and god forbid anything happened to her during that time period... We were thinking of having a ceremony/wedding there, and then I would come back here and we would apply for a Spousal, even though it's said to take longer and even though with some applications, your SO isn't allowed into the country at all while it's being processed. I haven't done too much research into it yet, whereas I've done more about the K-1, so I'm not even sure that's a doable plan. I have to look at it.

I imagine him having a clean record through the Work Visa would not be a problem. :P The boy and I are both pretty well-behaved, haha. I simply wanted to make sure that there wouldn't be any hassle. We want to do a Work Visa because a) it will give him work experience in the U.S. and be something to add to his resume, b) it will give us a chance to live on our own together, with him working and me working and in grad school, which would be the situation for at least a year by the time he moved, and c) it will give him a chance to experience what it's like living in the U.S. and it will also give us both an idea of how we work together in areas we wouldn't normally see, like with finances (rent, bills, food, etc.). He does not need a Visa to visit, but he can only stay here a maximum of 3 months, not to mention he couldn't work (as far as I'm aware) on any extended holidy, and I want to see how well we work as a working, independent couple.

Edit: Thank you for your help. <3

[pink elephant]

Whoa, two years? Where did you hear that from?

If you were to apply for a K-1 visa for your future fiance to come and marry you in the United States, after the marriage, he would then apply for a green card to adjust his status to become a permanent resident (this is on the assumption that you both decide to reside on the United States.) The time between when his green card is applied for and when it's actually received varies, but so far (from forums I've visited) rounds out to be five months as long as everything is hunky dory. So until he received his green card, he wouldn't be allowed to leave the country (unless he really wanted to, then you'd have to do the K-1 all over again.)

If he were to marry you while on his US work visa, he'd need to interview, you'd need to supply an affidavit of support, he'd need to apply for an adjustment of status - same stuff as K-1.

But you marrying him in Ireland means that he'd apply for a fiance visa for you in Ireland, so because you both would already be married, and you decided to go back to the US and have him follow you, it naturally shouldn't take that long to process a spouse visa for him to enter the United States. In situations like these, I've heard it takes about a week or two to process.

[Haley53]

I can't remember where I read it, but I read something about "2 years" and green cards and special permissions blahblahblah and was having issues interpreting it and someone put it in my mind that he wouldn't be able to leave. :P I'll admit it's not something I've researched thoroughly thoroughly, as it wouldn't be happening for a while off, so it's possible I read an inaccurate source or even that I misread the information, too. But 5-months is a much, much more likeable time frame.

And we likely won't be married on his Work Visa, but I do have a question about what exactly is an Affidavit of Support? I know it's to be sure he doesn't become a public charge, but I'm confused beyond that. I think I read on the LFAD forums that you, the sponsor, can have a co-sponsor with that? Gah, some of this I understand and some is so confusing.

I appreciate all this information though. It's helpful. <3

[pink elephant]

Hey, no worries. I completely understand -- all of this is really confusing! In fact, originally we were going to get married in the UK, but it turns out that in our case there would be less hoops to jump through in terms of paperwork and whatnot, so doing the K-1 and marrying in the US was easier. Since I was working in Japan during majority of our relationship, it took us two years to work out the next step of our relationship.

The affidavit of support is basically proof of your ability to financially support your future husband. I don't remember the exact figures, but your income would need to be equal to or over 125% of the US poverty level. If not, then you can have a co-sponsor who meets this requirement and then both you and the co-sponsor would submit this form. (In our case these forms have not been requested from us yet, but you will need them when you apply for his adjustment of status.) Official info here: https://www.uscis.gov/portal/site/us...00082ca60aRCRD

I hope that this explanation has made things less confusing for you. Having a father who did the spousal visa and my fiance's sister has really helped us and made our whole application process and experience full of rainbows and butterflies instead of a world of confusion.

Whatever you both decide to go for in the future, I hope that it all turns out wonderlovely! <3

[Haley53]

Yes, it did! Thank you so much for everything; it really has helped and clarified a few things. <3