Is it legal?

[cca 13]

Hi,

Im applying for k1 visa and doing it all the 'right way' even though its sooo long and painful. But Iknow of 2 ppl (USC and British) that are getting married this summer and have had no plans in getting or even applying for k1 visa.

Shes coming over on a J1 visa to work and they plan to marry beforehand and then apply for AOS. The wedding isnt done low key- its not secret, theyre having a big wedding and then shes planning to stay in USA.

My question is I was just wondering what the deal was with that. Can they really get away with this because if so that would be really annoying to those of us who are applying for this painstaking prossess! They tell me that they have lawyers ect, but would a good lawyer really tell them that its ok and every1 can have a lawyer, it doesnt mean us immigration are going to change does it?

Well just wondering other peoples personal opinions on it and whether or not she can stay or get sent home and have to apply for K3 visa

Thanks

[raymaga 25]

What your friends are going to do is not legal. You cannot enter the U.S. with the intention of marrying a U.S. citizen and remaining in the U.S. afterwards.

If they decided to get married spur of the moment while she was in the U.S., that is fine, but to plan it ahead of time, with the intention of bypassing the legal immigration process, is not a good idea. If they are questioned at their AOS interview and cannot prove that their marriage was spur of the moment, and not planned ahead of time, they could get a 10 yr ban put on them.

For me, the stress and subsequent end result would deter me from doing it the illegal way. The legal way may take a little longer, but at least I wouldn't be looking over my shoulder all the time.

Edited May 2, 2008 by raymaga

[eric_and_teresa 10]

Its not legal, but you'd be surprised to know how many immigration lawyers tell their clients to use a non-immigrant visa wait 30 days, get married and apply for AOS.

I know at least 3 couples who did it that way, and got away with it! Of course they lied at the POE, they entered the US on B-2's with the intention of staying permanently and apply for AOS.

What is even more upsetting is when I try to explain others that Eric and I had to wait longer because we did it the right way. Mutual friends, are always pointing at them.. "ohh but they got their papers sooo quick! how come you guys are still waiting?" Ughhh!!!!

[mariapoe 0]

J-1 visa for work? It's an exchange student visitor visa and everybody who is granted this type of visa must go back to their home country after they finish their studies; it's called two-year Foreign Residency Requirement. Then, they have to spent two years in their home country before any other types of visa can be issued. I know that many J-1 students can apply for a waiver but not everyone is granted it.

I guess that if a person already in the US and meets someone, falls in love, decides to get married and then files for AOs, that's one thing but coming to the US on J-1 visa and getting marrired shortly afterwards, that may raise some red flags.

Doing everything the right way - K-1 in your case is long but it puts your mind at ease and the only thing you'd worry about is time - nothing else. We've all been there. Best of luck !!!!

[cieloazul 0]

Hi,

Im applying for k1 visa and doing it all the 'right way' even though its sooo long and painful. But Iknow of 2 ppl (USC and British) that are getting married this summer and have had no plans in getting or even applying for k1 visa.

Shes coming over on a J1 visa to work and they plan to marry beforehand and then apply for AOS. The wedding isnt done low key- its not secret, theyre having a big wedding and then shes planning to stay in USA.

My question is I was just wondering what the deal was with that. Can they really get away with this because if so that would be really annoying to those of us who are applying for this painstaking prossess! They tell me that they have lawyers ect, but would a good lawyer really tell them that its ok and every1 can have a lawyer, it doesnt mean us immigration are going to change does it?

Well just wondering other peoples personal opinions on it and whether or not she can stay or get sent home and have to apply for K3 visa

Thanks

There are at least 12 million people who are in the US illegally and most politicians/officials have not intention of deporting them unless they commit a serious crime. She is just one more. During the next president's first term, she'll receive a pardon and some type of permanent residency. I just hope my family is here and their AOS is completed by the end of the next president's term.

[william_wallace 8]

Well the only way that there going to stop it illegally is if anyone has entered the USA on tourist visa, J-1 or any other and they go and get a marriage license is if the register asks for proof of there marriage visa. I myself married a US citizen when i came over in 2005 on the VWP. My intention when i entered was not to marry, we decided approx 6 weeks after i entered. We went to the court house and got a marriage license. There is ways to prevent people getting married illegally, but whether the US goverment take steps to is another matter.

[DI&JR 1]

J-1 visa for work? It's an exchange student visitor visa and everybody who is granted this type of visa must go back to their home country after they finish their studies; it's called two-year Foreign Residency Requirement. Then, they have to spent two years in their home country before any other types of visa can be issued. I know that many J-1 students can apply for a waiver but not everyone is granted it.

No, I'm sorry, but this not just for students but in fact, for "Exchange Visitors", which includes categories such as au pair, foreign physician, trainee, research scholar, Government Visitor, etc ; they are subject to the two year home residency requirement if they were "financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence". It is possible to apply for a waiver of the home residency requirement, but (in my work experience) it's time consuming and expensive.

There *is* a 24-month bar when the J-1 visitor's program has ended; my experience is that this affects Research Scholars/Professors who wish to participate in another J-1 program (there seems to be a 12-month bar as well , but I don't know anything about that - it may affect other categories that I don't deal with in the university setting).

Concerning the original post, I would imagine that someone coming over in J-1 status for something like an au pair or other non-academic category would have to provide compelling evidence of ties to their home country.

[~Laura and Nick~ 5]

What they are doing is illegal and super risky. Why they would want to risk their love and relationship just for a faster way is beyond me. The British fiance could be banned for 10 years! Wow, that would so not be worth it to me!!!

They can get married, sure but the wife would have to go back home and file the appropriate visa, but to intend to marry and stay upon entry, that's fraud and if caught would be very serious consequences. Insane IMO.

[william_wallace 8]

What they are doing is illegal and super risky. Why they would want to risk their love and relationship just for a faster way is beyond me. The British fiance could be banned for 10 years! Wow, that would so not be worth it to me!!!

They can get married, sure but the wife would have to go back home and file the appropriate visa, but to intend to marry and stay upon entry, that's fraud and if caught would be very serious consequences. Insane IMO.

Like i said Laura and Nick. Why the US goverment cant take steps from preventing people getting a marriage license whether there on the VWP etc.

[~Laura and Nick~ 5]

What they are doing is illegal and super risky. Why they would want to risk their love and relationship just for a faster way is beyond me. The British fiance could be banned for 10 years! Wow, that would so not be worth it to me!!!

They can get married, sure but the wife would have to go back home and file the appropriate visa, but to intend to marry and stay upon entry, that's fraud and if caught would be very serious consequences. Insane IMO.

Like i said Laura and Nick. Why the US goverment cant take steps from preventing people getting a marriage license whether there on the VWP etc.

You know, I think it's totally fine if you came over on a work or student visa, met someone, fell in love and got married. No problem. But people that intentionally plan to get married and stay before they even come over really chaps my butt.

[rebeccajo 14]

Not all J visas have a two-year home residency requirement.

I'm unclear what's happening with this couple. The OP states she is coming on a J visa and they are marrying 'beforehand'. Does this mean they are marrying in the UK?

At any rate, if they are spending time filing for a J, it seems odd they didn't just file for a family visa.

[sara..... 371]

It really ticks me off when i see something like that perviz brother is here legally and his father also is a here legally both hold dual citizenship but they did it the right way..his brother has been here long enough that perviz could have came to the usa on sponsorship from him as he is also a doctor and could have gotten perviz here many different ways but until perviz met me coming to the usa was not something he seriously looked at.....if perviz wanted he could have came to the usa on a medical conference married me and stayed but we wanted to do it the right way......to those of us that put the time the effort the heart ache and the emotional roller coaster into coming here legally......and by the way i also came from Guatemala legally when i was adopted ...it took my mom six months to get me here...anyway it really ticks me off that they can get away with it.......we get put thru the wringer trying to prove we have a relationship while those people just walk in get married and skip the process............

[45495 1]

Its not legal, but you'd be surprised to know how many immigration lawyers tell their clients to use a non-immigrant visa wait 30 days, get married and apply for AOS.

i had a immigration lawyer advice me this exact thing!! i never went to see her again. there's no way in the world i would want to lie at POE. IMO it's just way to risky.

[Glen&Teresa 0]

Its not legal, but you'd be surprised to know how many immigration lawyers tell their clients to use a non-immigrant visa wait 30 days, get married and apply for AOS.

I know at least 3 couples who did it that way, and got away with it! Of course they lied at the POE, they entered the US on B-2's with the intention of staying permanently and apply for AOS.

What is even more upsetting is when I try to explain others that Eric and I had to wait longer because we did it the right way. Mutual friends, are always pointing at them.. "ohh but they got their papers sooo quick! how come you guys are still waiting?" Ughhh!!!!

Yeah a couple of lawyers hinted the same thing to Teresa and I - We are simply too honest for our own good. Being allowed to immigrate to any country needs to be seen as an honour not a right. The US government has a proceedure. It may seem long winded and odious, but it is their system for their country. If we as immigrants want to become part of the US then we have to accept the rules, and not look for loopholes.

[pushbrk 12,883]

Well the only way that there going to stop it illegally is if anyone has entered the USA on tourist visa, J-1 or any other and they go and get a marriage license is if the register asks for proof of there marriage visa. I myself married a US citizen when i came over in 2005 on the VWP. My intention when i entered was not to marry, we decided approx 6 weeks after i entered. We went to the court house and got a marriage license. There is ways to prevent people getting married illegally, but whether the US goverment take steps to is another matter.

The US does not have a "marriage visa" or any such requirement. If a foreigner is in the US, they may marry a US Citizen. How they legally remain afterwards is where the process of immigration begins. England, for example, does require a special visa for a foreigner to marry a UK Citizen. The US does not.

A fiance visa fits a fairly narrow circumstance, not all marriages in the US between foreigners and US Citizens.

No, what the OP says the friends are planning is not legal but they might well get away with it.