Alternatives to K1 and K3?

[A_I_S 0]

Just out of curiosity...

I keep hearing about the "Come over to the states on a tourist visa (or in this particular case an H2 visa), get married and just get to stay here and apply for green card" cases. My mother has a client who is attempting to do something like that, and that's literally the advise that their lawyer gave them. The guy is an H2 holder (diplomatic visa) and the lawyer told him that after the wedding here in the States he can just apply for green card.

Does that even work? If so...why the hell do K1/K3 visas even exist?

Or does the process go something like:

Wedding in the US

Apply for K3/CR1

Stay in the US until current visa runs out.

Leave country for interview (or when visa runs out)

Get back after visa is granted.

It's too late for us, but if this works it beats the "wait indefinitely while we process all the other visas" approach at VSC, so that other people could use it.

Happy 4th, have BBQ and drown your sorrows.

Andrei.

[Jenni_Harkonen 0]

My aunt's nephew and his Bulgarian girlfriend did the same--she came over on a tourist visa, they got married, she stayed and got a greencard. The difference may be he is a bank president--and I'm not. I don't have untold thousands of dollars to hire an attorney should the USCIS decide to pick on us and neither does my fiance. So, I will go the K-1 route and hope for the best. It is still the safer route. If we had lots of money, maybe we'd try to challenge the system, too, but we don't. So much for "liberty and justice for ALL."

Just out of curiosity...

I keep hearing about the "Come over to the states on a tourist visa (or in this particular case an H2 visa), get married and just get to stay here and apply for green card" cases. My mother has a client who is attempting to do something like that, and that's literally the advise that their lawyer gave them. The guy is an H2 holder (diplomatic visa) and the lawyer told him that after the wedding here in the States he can just apply for green card.

Does that even work? If so...why the hell do K1/K3 visas even exist?

Or does the process go something like:

Wedding in the US

Apply for K3/CR1

Stay in the US until current visa runs out.

Leave country for interview (or when visa runs out)

Get back after visa is granted.

It's too late for us, but if this works it beats the "wait indefinitely while we process all the other visas" approach at VSC, so that other people could use it.

Happy 4th, have BBQ and drown your sorrows.

Andrei.

[Steve Y Jessica 1]

Just out of curiosity...

I keep hearing about the "Come over to the states on a tourist visa (or in this particular case an H2 visa), get married and just get to stay here and apply for green card" cases. My mother has a client who is attempting to do something like that, and that's literally the advise that their lawyer gave them. The guy is an H2 holder (diplomatic visa) and the lawyer told him that after the wedding here in the States he can just apply for green card.

Does that even work? If so...why the hell do K1/K3 visas even exist?

Or does the process go something like:

Wedding in the US

Apply for K3/CR1

Stay in the US until current visa runs out.

Leave country for interview (or when visa runs out)

Get back after visa is granted.

It's too late for us, but if this works it beats the "wait indefinitely while we process all the other visas" approach at VSC, so that other people could use it.

Happy 4th, have BBQ and drown your sorrows.

Andrei.

Yes, this is possible. Get married in the US then apply for AOS. But if it is planned, then it is illegal. You would have to prove that you did not enter the country with this in mind. If they suspect that you planned it, then the spouse can be deported and denied any kind of visa, because this is visa fraud.

[rika60607 215]

K1/K3/CR-1 exist because not everybody qualifies to enter the US on a tourist visa.

These are visas for specific purpose and require totally different documentation than B1/B2.

Enter on tourist (or whatever) visa, marry and stay - this works, but you have to be careful NOT to raise red flags with USCIS (ie marriage too soon). Intent at the time of US entrance is hard to prove. Who knows what you were thinking. But, it would be your responsibility to explain what happened that you changed your mind and decided to marry and stay.

If you just met your fiance on this trip - it is possible.

If you got pregnant on this trip - possible.

Your love got seriously sick and needs care - possible.

May be other reasons too, I don't know.

Does that even work? If so...why the hell do K1/K3 visas even exist?

[rebeccajo 14]

Diplomatic visas are A category.

http://travel.state.gov/visa/temp/types/types_2637.html

H2 is for migrant workers. H2B is for temporary non agricultural work. Both are subject to caps, unless they are returning workers.

People adjust status from other visa types all the time. Burden of proof is upon the applicant to show there was no immigrant intent at last point of entry. Misrepresentation to USCIS/DOS or to CBP for any fact will earn the applicant a lifetime ban from the United States.