Why K-1 visa?

[BonJ 0]

Hi everyone,

I am new here, and I am so glad that I found this site.

Me and my fiance just filed for K-1 this week. After sending out the applications, I found out that one of my friends got her green card. She is from Hong Kong too. She told me she traveled with a visitor visa and registered with her husband (US permanent resident). Then stayed in the US the whole time till she got her green card. I was so surprised, because I can do the same thing so I don't have to be apart with my fiance.

I was wondering if its legal to stay in the US during the petition? Will that be the same as K-3? I thought K-3, the non citizen needs to stay in her/his own country.

[Jason-Sasha 1]

I thought it was considered visa fraud if you use any other visa to get to "marriage". Dont know. But I do know someone here in Williamsburg that married a woman from Belarus while she was here working a few summers ago. They were able to keep her here while they filed for a K-3. She never had to leave. The problem, I think, with filing for an immigrant visa while being here, is that it seems you only applied for a tourist visa for this ultimate reason. which = Fraud. but I'm not sure.

[Fandango 1,439]

On the VWP, noncitizens can stay up to 90 days...unfortunately, processing times are not as such that the process could be completed during that time.

Plus, there's the interview/medical at the non-usc's country's US Embassy, so staying the whole time is an impossibility anyway.

What your friend did sounds to me like it could be fraud....if your intention at the POE is one to overstay illegally despite whatever intentions you claim to the border agent. But then again, there's not enough details of your friend's situation to really say one way or the other...

[YuAndDan 153]

Note if she entered the country on a visitor's visa she became out of status and was subject to being deported.

Keep in mind using a NON-Immigrant visa other than K-1/K-3 to immigrate is considered to be visa fraud, and are risking the Immigrations officer's denial on the grounds of the miss-use of the non-immigrant visa.

Hong-Kong is way faster than Guangzhou for processing K-Visas, do it the correct way.

In our case we had the K-1 about 8 months after filing the K-1, and this was Guangzhou.

Also I recomend you check out "A Candle for Love" that site specializes in Chinese/American immigrations issues.

http://candleforlove.com

[Urge To Race 2]

As everyone said, from the details provided, it sounds like your friend committed visa fraud. If she came of the visitors visa with the intention of marrying and staying, and never went back to HK for an immigrant visa interview, and just adjusted status, she committed visa fraud. I woulnd't recommend that you try the same thing. If she stayed as long as the visitors visa allowed, went back and interviews, then she did not commit visa fraud.

Also, you say that her husband is a "US permanent resident"? Is that right or did you mean US Citizen? Obviously not enough information on your friends case for us to know what she and her husband did.

Hi everyone,

I am new here, and I am so glad that I found this site.

Me and my fiance just filed for K-1 this week. After sending out the applications, I found out that one of my friends got her green card. She is from Hong Kong too. She told me she traveled with a visitor visa and registered with her husband (US permanent resident). Then stayed in the US the whole time till she got her green card. I was so surprised, because I can do the same thing so I don't have to be apart with my fiance.

I was wondering if its legal to stay in the US during the petition? Will that be the same as K-3? I thought K-3, the non citizen needs to stay in her/his own country.

[JoshandJhera 0]

Hi!! I just got here too.. so where r u guys from?

[eric_and_teresa 10]

As I've said before I know 3 couples that did what your friend did, but they were married to US Citizens (not residents) they got married in States after entering with a tourist visa. They lied at the POE saying they were just visiting, when their real intention was to get married and then apply for AOS. YES! It's visa fraud but the truth is many people get away with it!

In these 3 cases, they all attended their AOS interview and said they had no intention to marry when they entered the US (which was a lie of course!) and they all got their green cards! It's just sad and frustratring that people get away with this kind of things..

[TracyTN 237]

I thought it was considered visa fraud if you use any other visa to get to "marriage". Dont know. But I do know someone here in Williamsburg that married a woman from Belarus while she was here working a few summers ago. They were able to keep her here while they filed for a K-3. She never had to leave. The problem, I think, with filing for an immigrant visa while being here, is that it seems you only applied for a tourist visa for this ultimate reason. which = Fraud. but I'm not sure.

Sorry, but this is just simply NOT TRUE. You are well within your rights to get a tourist visa, come here & get married, then go back to your home country. That is not visa fraud.

Nor is it wrong for the foreign fiance/e to be in the US when the K1 is sent in. As long as they return to their home country when necessary.

[eric_and_teresa 10]

I agree, it does not constitute fraud just because they got married in the States in the case they were planning to live in other place. It's Visa Fraud when you use a tourist visa with the intention to get married and stay permanently in the USA. And to my surprise many U.S. immigration lawyers advice couples to do so!