K1 fiancè visa

[pushbrk 12,824]

lol This is the second time in under a month I've seen the same argument about Adjusting Status w/in the states after being on a different visa.

I think really, the only real worry is for people who've done something illegally (which OP has not done).

The rest is paranoia, and I think there ARE some cases that don't go through because maybe a CO thinks the person came in with an intent to marry. It's not a complete myth. How can it be if the paranoia exists? We see similar things happen in the visa process. Sometimes one out of hundreds of couples will be the one who has a visa denied cause the CO didn't think it was a bonafide relationship, when it in fact was. So who's to say this situation doesn't happen once in a while? Just saying.

But all in all, pretty darn safe to Adjust Status (as long as it's not in San Diego and the person isn't Mexican...it's harder over here.)

No "CO" is involved in making decisions about adjusting status. USCIS "adjudicators" do that. The paranoia exists because people either misunderstand circumstances or because they simply hear or read the false information from multiple sources.

There's lots of confusion on this issue. Those who don't really know, would be wise to read and learn instead of posting nonsense.

[san diego 407]

lol This is the second time in under a month I've seen the same argument about Adjusting Status w/in the states after being on a different visa.

I think really, the only real worry is for people who've done something illegally (which OP has not done).

The rest is paranoia, and I think there ARE some cases that don't go through because maybe a CO thinks the person came in with an intent to marry. It's not a complete myth. How can it be if the paranoia exists? We see similar things happen in the visa process. Sometimes one out of hundreds of couples will be the one who has a visa denied cause the CO didn't think it was a bonafide relationship, when it in fact was. So who's to say this situation doesn't happen once in a while? Just saying.

But all in all, pretty darn safe to Adjust Status (as long as it's not in San Diego and the person isn't Mexican...it's harder over here.)

I see what you are saying... However, if you truly look into the cases that get denied ALL of them where denied either because of a serious mistake in the application (I mean VERY serious) or when relationship is not true. I trust COs and I think they do an outstanding job in picking those relationships. For example, look at Morocco forum.. Does it tall you something? 100's of young moroccan males getting married to older )often beyond child-bearing age) US females? How many of those relationships are mutual? I am surprised that any of them actually make it, adding to the army of illegal immigrant...

Another thing is: at K1 stage YOU have to prove that you have bona fide relationship, while at AOS after overstay USCIS has to prove that you entered without intent to stay.

[J and S 38]

No "CO" is involved in making decisions about adjusting status. USCIS "adjudicators" do that. The paranoia exists because people either misunderstand circumstances or because they simply hear or read the false information from multiple sources.

There's lots of confusion on this issue. Those who don't really know, would be wise to read and learn instead of posting nonsense.

It's called an analogy. You know....a situation that is not the same but similar? Dog is to wolf as adjudicator is to CO? No? Okay, maybe not. Whatever.

[J and S 38]

I see what you are saying... However, if you truly look into the cases that get denied ALL of them where denied either because of a serious mistake in the application (I mean VERY serious) or when relationship is not true. I trust COs and I think they do an outstanding job in picking those relationships. For example, look at Morocco forum.. Does it tall you something? 100's of young moroccan males getting married to older )often beyond child-bearing age) US females? How many of those relationships are mutual? I am surprised that any of them actually make it, adding to the army of illegal immigrant...

Another thing is: at K1 stage YOU have to prove that you have bona fide relationship, while at AOS after overstay USCIS has to prove that you entered without intent to stay.

Yeah, true. I agree.

But I have seen one case in which a person tried, and was not able to adjust. He ended up having to go back to Brasil before the visa he was on expired. His wife was pregnant too and he missed the birth of their daughter. No, he wasn't ever here illegally, nor did he ever overstay a visa. Just a bad and unfortunate case.

[HS2 7]

Is there a slight possibility that USCIS could prove that she came her with the intent of immigrating on a visitors visa? That answer is yes. Slight possibility. So don't say Tim/Mav is wrong on all points. His two cents are definitely worth taking to consideration.

John

The possibility of being rejected exist even if Pollina went through the K-1 process and manage to come out of it with her sanity intact

The possibility of every one of us being run over by a bus exists everyday but that does not stop any of us from leaving our houses every morning

If Pollina is positive that this guy is the one that she wants to spend the rest of her life with that AOS is the way in my opinion. They will go through the process together and help each other along the way. Awaiting your fate to be decided by a stranger while you are apart from the one you love is not the practical thing to do

The other issue that I can think of with the K-1 is that there is a possibility of deny entry when a petition is pending. So this might be Pollina’s last visit to US before she is questioned by a CO on her own when anxiety has kept both her and her fiancé up at night for the last 6-7 months.

Just saying

[HS2 7]

Yeah, true. I agree.

But I have seen one case in which a person tried, and was not able to adjust. He ended up having to go back to Brasil before the visa he was on expired. His wife was pregnant too and he missed the birth of their daughter. No, he wasn't ever here illegally, nor did he ever overstay a visa. Just a bad and unfortunate case.

In my opinion is better to try and fail than to have never tried

[san diego 407]

The possibility of being rejected exist even if Pollina went through the K-1 process and manage to come out of it with her sanity intact

The possibility of every one of us being run over by a bus exists everyday but that does not stop any of us from leaving our houses every morning

If Pollina is positive that this guy is the one that she wants to spend the rest of her life with that AOS is the way in my opinion. They will go through the process together and help each other along the way. Awaiting your fate to be decided by a stranger while you are apart from the one you love is not the practical thing to do

The other issue that I can think of with the K-1 is that there is a possibility of deny entry when a petition is pending. So this might be Pollina’s last visit to US before she is questioned by a CO on her own when anxiety has kept both her and her fiancé up at night for the last 6-7 months.

Just saying

Agreed!

[TiklingGuy 211]

The possibility of being rejected exist even if Pollina went through the K-1 process and manage to come out of it with her sanity intact

The possibility of every one of us being run over by a bus exists everyday but that does not stop any of us from leaving our houses every morning

If Pollina is positive that this guy is the one that she wants to spend the rest of her life with that AOS is the way in my opinion. They will go through the process together and help each other along the way. Awaiting your fate to be decided by a stranger while you are apart from the one you love is not the practical thing to do

The other issue that I can think of with the K-1 is that there is a possibility of deny entry when a petition is pending. So this might be Pollina’s last visit to US before she is questioned by a CO on her own when anxiety has kept both her and her fiancé up at night for the last 6-7 months.

Just saying

I agree to, I believe that she came her with good faith and with no intentions of immigrating. Filing her AOS after she is married will probably be no problems for her and she will live happily here. My argument is that you can't say that she has a 100% guarantee that the interviewer will not open up that can of worms with her if there is an itch up his/her ####### that they want to scratch. USCIS would have a hell of a tough time proving that she came here to immigrate on a visitors visa, I agree with that. But it's not impossible if they are dead set on being a ####### to her. Advising her to file a CR-1 and then going home when her visitors visa expires is not misguided advise. It may not be necessary but it is not misguided.

[leeandcorinne 1]

Hi all!

The first time I came to visit Lee it was under the waiver program, I stayed 3 months and returned to France with him. We stayed 1 month in France and we travelled back together to US,with the waiver program again, at Chicago Airport the immigration officer kept me in a separate room for 5 hours.. I was refused entry because they thought I was trying to get married, I explained that I could not get married and Lee either because we were not even divorced yet from our first marriage, they did not believed me (and it was true, I just wanted to spend sometimes with Lee while my divorce was processing, they put me in the plane that very same night to France. I was not allowed to come back to the US (I was refused not deported)under waiver program anymore. I aplied for a B2, I got refused also, for the same reason. It was in 2009!!! Hopefully Lee was able to travel alot during those 2 years.

So now, we got NOA2 approved on july 18th and we are waiting for packet 3, 4 and the interview.

That was my experience of getting refused port of entry, means that even if you are sincere, as long as you have an american boy or girlfriend, the best way to make it right for immigration service is to apply for the K1 and be patient

[san diego 407]

Hi all!

The first time I came to visit Lee it was under the waiver program, I stayed 3 months and returned to France with him. We stayed 1 month in France and we travelled back together to US,with the waiver program again, at Chicago Airport the immigration officer kept me in a separate room for 5 hours.. I was refused entry because they thought I was trying to get married, I explained that I could not get married and Lee either because we were not even divorced yet from our first marriage, they did not believed me (and it was true, I just wanted to spend sometimes with Lee while my divorce was processing, they put me in the plane that very same night to France. I was not allowed to come back to the US (I was refused not deported)under waiver program anymore. I aplied for a B2, I got refused also, for the same reason. It was in 2009!!! Hopefully Lee was able to travel alot during those 2 years.

So now, we got NOA2 approved on july 18th and we are waiting for packet 3, 4 and the interview.

That was my experience of getting refused port of entry, means that even if you are sincere, as long as you have an american boy or girlfriend, the best way to make it right for immigration service is to apply for the K1 and be patient

This does not apply to this case as she is already here.

[pushbrk 12,824]

This does not apply to this case as she is already here.

Correct, the situation is different but her story is meaningful to the discussion. In her case, had the last attempted entry been (ultimately after the questioning) successful AFTER SPECIFICALLY stating she had no intent to marry, THEN they marry and adjust status, could be a big problem. This is because they will have lied about a specific question that would have been noted in the file. That's the kind of case where marrying and adjusting status is a problem.

These discussions have happened numerous times over the years. In short, unless a material misrepresentation is made to a specific question, the spouse of a US Citizen who legally entered the USA on a B visa is entitled to marry and adjust status, even if they overstay the visa AND they have full rights to appeal.

Entry under the Visa Waiver Program essentially has the same entitlement regardless of intent on entry as long as there's no specific misrepresentation. The differences are that those folks have no right to appeal AND some cases (not sure of any from other than So. California) have been denied if they didn't get their AOS filed before their 90 day allowed stay ended. This started about a year ago in San Diego but I've seen plenty of other cases successful when filing after the 90 days, in other locations since then.

In this context, even the intent to marry and adjust status is not an issue as long as there was no specific misrepresentation. Omission or generic truthful answers for purpose of the visit are NOT considered misrepresentation in this context. All assertions to the contrary are due to misunderstanding or urban legend.

Some of us have been to many of these rodeos before. Trust me on this.

[TiklingGuy 211]

Correct, the situation is different but her story is meaningful to the discussion. In her case, had the last attempted entry been (ultimately after the questioning) successful AFTER SPECIFICALLY stating she had no intent to marry, THEN they marry and adjust status, could be a big problem. This is because they will have lied about a specific question that would have been noted in the file. That's the kind of case where marrying and adjusting status is a problem.

These discussions have happened numerous times over the years. In short, unless a material misrepresentation is made to a specific question, the spouse of a US Citizen who legally entered the USA on a B visa is entitled to marry and adjust status, even if they overstay the visa AND they have full rights to appeal.

Entry under the Visa Waiver Program essentially has the same entitlement regardless of intent on entry as long as there's no specific misrepresentation. The differences are that those folks have no right to appeal AND some cases (not sure of any from other than So. California) have been denied if they didn't get their AOS filed before their 90 day allowed stay ended. This started about a year ago in San Diego but I've seen plenty of other cases successful when filing after the 90 days, in other locations since then.

In this context, even the intent to marry and adjust status is not an issue as long as there was no specific misrepresentation. Omission or generic truthful answers for purpose of the visit are NOT considered misrepresentation in this context. All assertions to the contrary are due to misunderstanding or urban legend.

Some of us have been to many of these rodeos before. Trust me on this.

I stand corrected. Understood.

[pushbrk 12,824]

I stand corrected. Understood.

Often the devil is in the details.

[san diego 407]

The bottom line is that nothing is a slam dunk.. K1 is not either. However, AOS after marriage to USC has no more risk than just applying for K1. Thus, in case of the OP (unless we do not know womething that was misrepresented) clearly AOS after marriage is the way to go.

[pushbrk 12,824]

The bottom line is that nothing is a slam dunk.. K1 is not either. However, AOS after marriage to USC has no more risk than just applying for K1. Thus, in case of the OP (unless we do not know womething that was misrepresented) clearly AOS after marriage is the way to go.

Almost. For the last year or so, you would need to qualify that for those entering on the VWP and filing after 90 days. There's more risk there than with the K1, particularly if filing in So. Cal. The OP entered on a B visa though, so not an issue.