HELP! Which way to Go? K1 or K3?

[Varekaii03 0]

Hi Everyone,

First off, let me thank the moderators for creating this message forum. As I am sure that it has been a big help to everyone and will be a big help to me! Wish I would have found it sooner.

Here is my question? Which would be better? To have my German fiance come to the states (with her provided European Union tourist visa), wed here, and then file the papers? Or, would it be better to file for the K1 visa and take it from there?

If we do the K1, get married within the 90 days, will she have to leave after the ninety days and the case is still processing? What about if we did it the Tourist visa way?

Basically, I what I am getting to, is what is the best way to have her in the states without any interruption if possible?

Thanks for any advice to be offered! ;-) I will also crosspost this in the K1 section as well.

Patrick

[miker32us 6]

Given the long processing times we are seeing I would strongly suggest she come here on her visa, you get married and then apply for AOS. I certainly would have suggested my wife stay here and adjust rather than go back to Taiwan.

Hi Everyone,

First off, let me thank the moderators for creating this message forum. As I am sure that it has been a big help to everyone and will be a big help to me! Wish I would have found it sooner.

Here is my question? Which would be better? To have my German fiance come to the states (with her provided European Union tourist visa), wed here, and then file the papers? Or, would it be better to file for the K1 visa and take it from there?

If we do the K1, get married within the 90 days, will she have to leave after the ninety days and the case is still processing? What about if we did it the Tourist visa way?

Basically, I what I am getting to, is what is the best way to have her in the states without any interruption if possible?

Thanks for any advice to be offered! ;-) I will also crosspost this in the K1 section as well.

Patrick

[TracyTN 237]

You need to be cautious with that approach. Marrying while on the VWP is perfectly legal, so long as your fiancee's intent upon arrival was not to marry you. Sort of hard to prove if you are already engaged, not to mention if one arrives with several suitcases full of their belongings.

The burden of that proof would then lie on you during the AOS process, and if they don't believe you, then good luck to you!

[meauxna 15]

Marrying while on the VWP is perfectly legal, so long as your fiancee's intent upon arrival was not to marry you.

Tracy, the "no-no" intent is intent to IMMIGRATE, not just "marry". Intent to marry is OK, as long as they also intend to leave within their I-94(w) stay.

Still need to be cautious with that plan, as you note, because the officer at the POE might not believe the 'intend to leave' part. Then again, thousands do it every day!

[TracyTN 237]

Yes, thanks for that clarification, m.

See what I get when I post during a boring conference call?

[bradentejas 0]

Most people who take advantage of the Tourist Visa and get married together here in the states are usually then separated by the spouse going back to the country for a period of time so as to not raise suspicions as was stated above. Proving that he/she entered without the intent to marry becomes very complicated if you get married on that TV due to marriage planning times, announcements, invitations, items brought in with her to the US, etc... and can be easily exposed in a field interview if they request one.

K1 if done correctly will result in you being apart now for some time, then together forever once the Visa is attained and you marry here and later adjust the status.

K3 as you are stating, if done safely and correctly, will result in you being married THEN apart for some time as the Visa gets finalized.

Either way, to do it safely and correctly, you will spend some time apart. Question is whether you want that time to be apart pre or post marriage. And by all means do not stretch the regulations - if you get caught you put the whole process in danger of denial!

Edited June 27, 2006 by bradentejas

[meauxna 15]

Given the long processing times we are seeing I would strongly suggest she come here on her visa, you get married and then apply for AOS. I certainly would have suggested my wife stay here and adjust rather than go back to Taiwan.

miker, this is generally considered no-no "advise" at visajourney, because it is illegal. I'm sure you didn't mean for the OP's intended to immigrate to the US on a non-immigrant option that wasn't invented for that intention....

PS: for future Taiwaners, you should always look at/consider DCF or Direct Consular Filing!

Tracy: focus on the client, always focus on the client.

[meauxna 15]

Proving that he/she entered without the intent to marry becomes very complicated if you get married on that TV

Again, to underscore, there is a difference between intent to marry and intent to immigrate.

Getting married on a tourist visa/VWP is a legal activity.

[TracyTN 237]

Tracy: focus on the client, always focus on the client.