K1 Visa vs. B-2 Visa

[BigCityDave 0]

I believe if you were to go the B-2 route it might be doable but you will run into possible obstacles. I know someone who came over with a Visitor Visa, got married and because of that had to wait 5 or 6 years to get a green card.

If I were you, and this is because you Love this person and plan on being married to them. Petition for the K1 Visa. Mainly because the Embassy knows exactly that you are petition for someone to immigrate to the United States, which is your main goal right? So you would therefore avoid unnecessary obstacles.

Good luck!

[KarenCee 3]

Let me put it this way...to be able to get married in USA to your fiance you need K1 visa. If you have anything else it´s visa fraud. There are people that get away with it sometimes if they can prove they didn´t intend to marry (sometimes they even might ask that at the point of entry). Then if she wants to get the green card to be able to stay here with you she/you will have to prove that it´s a bonfide relationship. As you can see these two requirements contradict each other. Better just sit on it, file the paperwork and wait a couple of months and not have to deal with all the lies you would have to come up with and stuff... When you commit visa fraud it´s not like we are before 9/11...this is year 2008 and everything is very strict.

It's not visa fraud if you come over on a visitor visa and get married. It's only fraud if you do that and then intend to STAY.

You can get married at any time, it's the staying and living part where the fraud comes in.

The new spouse would have to go home and file a spousal visa in order to come back to the USA and live.

Say if you went to the USA on a student visa, you are there for 4 years. Halfway through that, you meet an American, fall in love, get married and adjust status, there is nothing wrong with that because there was no intent to marry upon entry, you didn't even know the person at the time of entry.

To the OP: Best of luck with whatever you decide and I'm very sorry about your lawyer..that's sad. You'll find a way!!!

This is true...the OP and his fiancée can get married while she is here...but then she would need to go back to her country and do the appropriate visa. But you see, the intent is already there according to the OP and there are others encouraging them to "make it look like" they had no intention. Not to mention the fact that it appears the ####### lawyer they hired has filed a K1 already.

[bakofoil 27]

Let me put it this way...to be able to get married in USA to your fiance you need K1 visa. If you have anything else it´s visa fraud. There are people that get away with it sometimes if they can prove they didn´t intend to marry (sometimes they even might ask that at the point of entry). Then if she wants to get the green card to be able to stay here with you she/you will have to prove that it´s a bonfide relationship. As you can see these two requirements contradict each other. Better just sit on it, file the paperwork and wait a couple of months and not have to deal with all the lies you would have to come up with and stuff... When you commit visa fraud it´s not like we are before 9/11...this is year 2008 and everything is very strict.

It's not visa fraud if you come over on a visitor visa and get married. It's only fraud if you do that and then intend to STAY.

You can get married at any time, it's the staying and living part where the fraud comes in.

The new spouse would have to go home and file a spousal visa in order to come back to the USA and live.

Say if you went to the USA on a student visa, you are there for 4 years. Halfway through that, you meet an American, fall in love, get married and adjust status, there is nothing wrong with that because there was no intent to marry upon entry, you didn't even know the person at the time of entry.

To the OP: Best of luck with whatever you decide and I'm very sorry about your lawyer..that's sad. You'll find a way!!!

It's not visa fraud to stay in the country as long as the intent at the POE was not to stay. People file for AOS successfully who got married on a whim and stayed in the US following the marriage. The problem, as you say, is INTENT and the OP will have a hard time proving that the intent was NOT to marry and stay during AOS as USCIS will already have an I-129F application on file. Well, we're assuming that's the case since the OP mentioned a lawyer had filed for them. The OP's girlfriend may even have a problem getting a B-2 or even getting past immigration at the POE on the VWP if she cannot prove adequate ties to her home country.

[~Laura and Nick~ 5]

This is true...the OP and his fiancée can get married while she is here...but then she would need to go back to her country and do the appropriate visa. But you see, the intent is already there according to the OP and there are others encouraging them to "make it look like" they had no intention. Not to mention the fact that it appears the ####### lawyer they hired has filed a K1 already.

Oh I completely agree Karen, they need to refile the K1 again..I was just clarifying that post I quoted where it said that getting married on any other type of visa is fraud.

[bakofoil 27]

Apologies, you clarified the AOS scenario in the second paragraph. I just wanted to make it clear to the OP that this isn't as easy as people are making it sound.

[~Laura and Nick~ 5]

It's not visa fraud to stay in the country as long as the intent at the POE was not to stay. People file for AOS successfully who got married on a whim and stayed in the US following the marriage. The problem, as you say, is INTENT and the OP will have a hard time proving that the intent was NOT to marry and stay during AOS as USCIS will already have an I-129F application on file. Well, we're assuming that's the case since the OP mentioned a lawyer had filed for them. The OP's girlfriend may even have a problem getting a B-2 or even getting past immigration at the POE on the VWP if she cannot prove adequate ties to her home country.

Again, I agree, I was just clarifying what was posted about getting married on any visa is fraud.

I'm not suggesting they stay and file AOS after getting married, I'm saying she'd have to go back home and get a spousal visa.

If they want to do this in one shot, come over, get marry and stay they would need to refile the K1.

Edited March 15, 2008 by ~Laura and Nick~

[bakofoil 27]

I think we're all on the same page Apologies for posting without reading your post fully.

[~Laura and Nick~ 5]

I think we're all on the same page Apologies for posting without reading your post fully.

That's otay!

hugs xo

[psiprez 3]

Anything but a K-1 would be awfully risky.

Why try to "cheat the system" set yourself up to be one of the immigration horror stories?

The immigration process is much stricter these days, and they have no problem refusing or banning anyone who doesn't follow the rules and procedures that have been set. There is no way I'd want to risk our future together by not doing it by the book. What is another six months of waiting, when you've already waited this long?

[Ovaltine Jenkins 5]

Let me put it this way...to be able to get married in USA to your fiance you need K1 visa. If you have anything else it´s visa fraud. There are people that get away with it sometimes if they can prove they didn´t intend to marry (sometimes they even might ask that at the point of entry). Then if she wants to get the green card to be able to stay here with you she/you will have to prove that it´s a bonfide relationship. As you can see these two requirements contradict each other. Better just sit on it, file the paperwork and wait a couple of months and not have to deal with all the lies you would have to come up with and stuff... When you commit visa fraud it´s not like we are before 9/11...this is year 2008 and everything is very strict.

It's not visa fraud if you come over on a visitor visa and get married. It's only fraud if you do that and then intend to STAY.

You can get married at any time, it's the staying and living part where the fraud comes in.

The new spouse would have to go home and file a spousal visa in order to come back to the USA and live.

Say if you went to the USA on a student visa, you are there for 4 years. Halfway through that, you meet an American, fall in love, get married and adjust status, there is nothing wrong with that because there was no intent to marry upon entry, you didn't even know the person at the time of entry.

To the OP: Best of luck with whatever you decide and I'm very sorry about your lawyer..that's sad. You'll find a way!!!

Don´t worry I know that...I was talking about their case...he needs K1 since they already started the whole thing anyway....so if they get tourist visa for to get married that is fraud like I said...ofcourse you can get married in USA when you are studying there or doing whatever....I was talking about his intend to do so prior to arrival to USA ...so there

[~Laura and Nick~ 5]

Don´t worry I know that...I was talking about their case...he needs K1 since they already started the whole thing anyway....so if they get tourist visa for to get married that is fraud like I said...ofcourse you can get married in USA when you are studying there or doing whatever....I was talking about his intend to do so prior to arrival to USA ...so there

Be a bit more clear LOL

You stated, "getting married on any other type of visa is fraud" It should have said "Getting married and staying on a visitor visa with intent to do so upon entry is fraud"

That's the difference.

So there

LOL

Hugs and smiles!!!

[KimandRuss 0]

You need to file for the K1. I fully understand and sympathize with your situation but if you've already been through hell waiting, coming with intent and 'pretending' you didn't mean to do it as others have suggested could put you in a position where you would face the possibility of a ban for years. Do you really want to risk that again?

We have known each other for 10 years and have been doing pretty much the same thing you and your fiance have. So we know your pain. I've had to battle years for a divorce which is why we wait now. He used to come on the visa waiver but once they knew there was the possibilty of intent, he was denied entry and had to fly all the way back to NZ. We have four weeks before we can even begin the K1 process. I know how hard it is and that you want only to be together. But the K1 is the only way you can ensure that she can come and stay and you can live the life you want. Taking any other chance risks years of ban. You already have intent so every step you take to keep her here is going to be difficult if you take any other route but the K1.

best of luck

Edited March 15, 2008 by KimandRuss

[KitEEgirl 0]

Just a few words of encouragement.. My fiance is a German citizen.... After the NOA2 is approved, the process goes extremely fast!

If you look at my timeline, our NOA2 was approved March 5.. We've already received packet 3, and will mail it back Monday... We expect an interview date 4 weeks after we send it... so that will put our interview around the 2nd to 3rd week of April...

From start to finish the entire process will be 4 month and they are even getting better with the NOA2. All of us know what' it's like to not want to wait. But if you do it the "right" way, you won't have any possible repercussions later.

Don't go through a lawyer, we'll all help you here. It's not really that hard...

Good luck...

[Satellite 1]

Any time there is a B2 adjustment I'd always feel it is proper to explain official procedure and what is done. Hence the 30/60 rule.

"9 FAM 40.63 N4.7 Applying the 30/60 Day Rule

(TL:VISA-342; 01-08-2002)

a. In determining whether a misrepresentation has been made, some of the most difficult questions arise from cases involving aliens in the United States who conduct themselves in a manner inconsistent with representations they made to the consular officers concerning their intentions at the time of visa application. Such cases occur most frequently with respect to aliens who, after having obtained visas as

nonimmigrants, either:

(1) Apply for adjustment of status to permanent resident; or

(2) Fail to maintain their nonimmigrant status (for example, by engaging in employment).

b. To address this problem, the Department developed the 30/60-day rule. This rule is intended to facilitate adjudication of these types of cases consistent with the statutory mandates.

c. Aliens who apply for adjustment of status pursuant to the INA are within the jurisdiction of the Immigration and Naturalization Service unless the application is abandoned upon the departure of the alien from the United States. Upon receipt of a notice of application for adjustment of status Form G-325A, Biographic Information, therefore, it would not be appropriate for a consular officer to seek the Department's concurrence in a finding of ineligibility since such a finding would not be binding upon the INS. Instead, the post should bring available derogatory information to the attention of the appropriate INS office by a VISAS DECEMBER cable. [see 9 FAM 40.63 PN2.]

d. With respect to the second category referred to above, the fact that an alien's subsequent actions are other than as stated at the time of visa application or entry does not necessarily prove that the alien's intentions were misrepresented at the time of application or entry. As to those who fail to maintain status, the consular officer should also recognize that the precise circumstances under which the change in activities or the overstay arose have an important bearing on whether a knowing and willful misrepresentation was made. The existence of a misrepresentation must therefore be clearly and factually established by direct or circumstantial evidence sufficient to meet the "reason to believe” standard. Although indeed more flexible than the judicial "beyond reasonable doubt” standard demanded for a conviction in court, a "reason to believe” standard requires that a probability exists, supported by evidence which goes beyond mere suspicion.

9 FAM 40.63 N4.7-1 Applying 30/60 Day Rule When Alien

Violates Status

(TL:VISA-313; 08-27-2001)

a. The consular officer should apply the 30/60-day rule if an alien states on his or her application for a B-2 visa, or informs an immigration officer at the port of entry, that the purpose of his or her visit is tourism, or to visit relatives, etc., and then violates such status by:

(1) Actively seeking unauthorized employment and, subsequently, becomes engaged in such employment;

(2) Enrolling in a program of academic study without the benefit of the appropriate change of status;

(3) Marrying and takes up permanent residence, or

(4) Undertakes any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment.

9 FAM 40.63 N4.7-3 After 30 days but Within 60

(TL:VISA-313; 08-27-2001)

If an alien initiates such violation of status more than 30 days but less than 60 days after entry into the United States, no presumption of misrepresentation arises. However, if the facts in the case give the consular officer reasonable belief that the alien misrepresented his or her intent, then the consular officer must give the alien the opportunity to present countervailing evidence. If the officer does not find such evidence to be persuasive, then the consular officer must submit a comprehensive report to the Department (CA/VO/L/A) for the rendering of an advisory opinion.

9 FAM 40.63 N4.7-4 After 60 Days

(TL:VISA-313; 08-27-2001)

When violative conduct occurs more than 60 days after entry into the United States, the Department does not consider such conduct to constitute a basis for an INA 212(a)(6)(C )(i) ineligibility."

Links:

http://foia.state.gov/masterdocs/09fam/0940063N.pdf

http://britishexpats.com/forum/showthread.php?t=100004

Therefore, if you want to go through with your B2 adjustment avoid pontential trouble by marrying 60+ days after the non-immigrant's arrival.

[StillThePrettiest 3]

Hey there!

Me and my fiance were going to try that but she got denied for a tourist Visa! You can go for it! If you get it there is always a risk that they will say your marriage is a fraud and deport her because they will say you defrauded the us government! This is a very small chance though! If you get the tourist visa make sure you wait a couple months because you have to make it look like she came there just to visit and fell in love with you i know you have bad luck with lawyers but a lawyer would be helpful with this! Its worth a shot!!!

If you get the tourist visa and get married in the USA! You have to make it look like you met in the Usa and them marry towards the end of the visa! I asked a lawyer about this 2 awhile ago if you do this there is like a 95% chance everything will be ok! If she did get deported then you would definitly hneed a lawyer to fill out some paper work to help her to be able to enyter the country again if you get the tourist visa go for it!

you know, Corey-Mariya, not only is your advice terribly irresponsible, I suspect it is also illegal, not to mention a violation of the Terms of Service of VJ

I think you need to be VERY CAREFUL what you say about such matters