Skip K1, enter on a tourist visa and Marry?

[Martinmd 0]

I wonder how USCIS is supposed to prove that your intent was fraudulent.

The USCIS can ask for employer letters, to show that someone was to be expected back at work again, or rental leases or phone bills and all those other papers that may proof that the intent was originally to go back to his/her own country instead of marrying and staying as there were still ties back in the homecountry. If someone comes to the US with the intent to marry and stay here for immigration, then this person normally cannot show those documents.

Remember, the USCIS does not have to prove anything, the ones who apply for it all (such as K1 and AOS) are supposed to come with all the proof..

I agree if they had time and resources for a thorough investigation you might get those hints. However, the process of immigration is not as arbitrary as it may seem at the interview. There are many stages of decision making and it is unlikely that - in case of a legitimate marriage - they will invest their energy in this. With that said, it is not recommended nor is it legal. Still I believe they have bigger fish to fry than a VWP entry with a subsequent marriage. And as I said, I have seen it happening many times and it has never been brought up at the interviews.

[canuckcowgirl 0]

I talked to a friend of mine. He went 4 years ago to USA from Norway on a B2 Visa. He got Married while there and just stayed.

He said if I did this I could marry quicker and dont have to wait for the K1 visa..

If so.. whats the point of the K1 visa in the first place?

Any advice?

Hey Tina W... I just saw your thread but haven't read thru it yet. That being said, I will probably be repetitive and say what others already have...

My boyfriend (US) and I (Canada) spoke with an immigration lawyer in the States about this. We wanted to get married and find out the best route for visa's, etc..

The lawyer suggested I enter into the States, we get married, and therefore skip the K-1 fiancee visa. I asked about this in the forum back in January and was told this is considered fraud. The lawyer seemed quite confident about her advice, and her fee was $2500. She said she would take care of everything from beginning to end and would train us on the entire interview process. I'm not sure if having a lawyer in these cases will sway the decisions of USCIS or whoever it is/whatever department that decides...

Good luck with it all!

[Bobby+Umit 161]

I talked to a friend of mine. He went 4 years ago to USA from Norway on a B2 Visa. He got Married while there and just stayed.

He said if I did this I could marry quicker and dont have to wait for the K1 visa..

If so.. whats the point of the K1 visa in the first place?

Any advice?

Hey Tina W... I just saw your thread but haven't read thru it yet. That being said, I will probably be repetitive and say what others already have...

My boyfriend (US) and I (Canada) spoke with an immigration lawyer in the States about this. We wanted to get married and find out the best route for visa's, etc..

The lawyer suggested I enter into the States, we get married, and therefore skip the K-1 fiancee visa. I asked about this in the forum back in January and was told this is considered fraud. The lawyer seemed quite confident about her advice, and her fee was $2500. She said she would take care of everything from beginning to end and would train us on the entire interview process. I'm not sure if having a lawyer in these cases will sway the decisions of USCIS or whoever it is/whatever department that decides...

Good luck with it all!

See, that would be considered an adverse factor, which could be used against your AOS case if the USCIS disovered that fact.

I can't believe a lawyer would basically tell you how to circumvent immigration law like that.

"Train us on the interview process" probably means "lie" - not good to do that.

Wait - I can see how, she will still get her money regardless if you get through or not, also will make more trying to defend your case.

I wouldn't recommend anyone to attempt anything like this.

It's one thing to come here as a visitor then decide to get married, then to plan with a laywer prior to coming, be trained for the interview, and get married after arrival.

[canuckcowgirl 0]

I talked to a friend of mine. He went 4 years ago to USA from Norway on a B2 Visa. He got Married while there and just stayed.

He said if I did this I could marry quicker and dont have to wait for the K1 visa..

If so.. whats the point of the K1 visa in the first place?

Any advice?

Hey Tina W... I just saw your thread but haven't read thru it yet. That being said, I will probably be repetitive and say what others already have...

My boyfriend (US) and I (Canada) spoke with an immigration lawyer in the States about this. We wanted to get married and find out the best route for visa's, etc..

The lawyer suggested I enter into the States, we get married, and therefore skip the K-1 fiancee visa. I asked about this in the forum back in January and was told this is considered fraud. The lawyer seemed quite confident about her advice, and her fee was $2500. She said she would take care of everything from beginning to end and would train us on the entire interview process. I'm not sure if having a lawyer in these cases will sway the decisions of USCIS or whoever it is/whatever department that decides...

Good luck with it all!

See, that would be considered an adverse factor, which could be used against your AOS case if the USCIS disovered that fact.

I can't believe a lawyer would basically tell you how to circumvent immigration law like that.

"Train us on the interview process" probably means "lie" - not good to do that.

Wait - I can see how, she will still get her money regardless if you get through or not, also will make more trying to defend your case.

I wouldn't recommend anyone to attempt anything like this.

It's one thing to come here as a visitor then decide to get married, then to plan with a laywer prior to coming, be trained for the interview, and get married after arrival.

I've had such poor experiences with lawyers... no offense to any lawyers out there.. but there is a reason ya'll have a bad reputation!

Years ago, I had moved to the UK on a working holiday maker visa (2 year visa) and it allowed me to live/work while there. I applied for this visa to spend time with my then boyfriend. Things were great! 2 years whizzed by so quickly and a few months before the visa was set to expire, we set out to speak with an immigration lawyer. I'd researched solicitors, and found this guy who had helped to write the UK laws on immigration... figured he could really help me sort things out and offer super advice. Well... he told me to leave the country before my visa expired (didn't mean I had to go back to Canada..) so my b/f and I planned a trip to Prague. While in Prague, my visa expired, then re-entered the UK on a tourist stamp (valid 6 months) and the lawyer noted that this would give us time to get married, or figure out our next steps. This worked no problem! Month later, I went to Spain for a weekend. Upon re-entry into the UK, I was detained, questioned, treated like a prisoner, a criminal... then sent packing. Even tho, I explained that I acted on the advice of the solicitor, I was told by immigration that I was given the wrong facts. I should have done more research rather than take the word of a lawyer. All of this bad advice cost me about $4000, and sad to say but the relationship between my b/f and I became too strained due to all of this stress and we split (tho we are still friends) When I emailed/called the lawyer about the poor advice, he had the nerve to say to me "are you implying that I told you what actions to take?"... a really nasty conversation and email absolving himself of any responsibility. And he had the nerve to CHARGE ME for this correspondence!

Anyway... take the proper routes, and be wary of lawyers and their advice... and their fees!!!!

Edited April 29, 2009 by canuckcowgirl