PLEASE HELP US! K-1 QUESTIONS

[Trompe le Monde 1,107]

Yes, I realize that but - they intend to immigrate at some point but can't do so within the limits of a K-1 visa because it becomes invalid when the recipient leaves without AP, a definite risk for the OP's fiance given what she has told us so far.

Why people keep bringing it up as an option for her is beyond me for this reason.

If he says at POE he is coming to visit family or his fiance without volunteering the info about a wedding he is not committing visa fraud. If the question happens to come up and he says no, then he is although I doubt very much that it would come back to bite him at a later stage. I mean, it took USCIS 8 months to figure out if the FBI had a criminal record on my husband - I doubt they are spending time cross-referencing POE data statements with information on a visa application looking for reasons to reject you.

[rebeccajo 14]

Yes, I realize that but - they intend to immigrate at some point but can't do so within the limits of a K-1 visa because it becomes invalid when the recipient leaves without AP, a definite risk for the OP's fiance given what she has told us so far.

Why people keep bringing it up as an option for her is beyond me for this reason.

If he says at POE he is coming to visit family or his fiance without volunteering the info about a wedding he is not committing visa fraud. If the question happens to come up and he says no, then he is although I doubt very much that it would come back to bite him at a later stage. I mean, it took USCIS 8 months to figure out if the FBI had a criminal record on my husband - I doubt they are spending time cross-referencing POE data statements with information on a visa application looking for reasons to reject you.

I didn't bring up the K1 as an option for the OP.

Some statements were made in the discussion about K1 being unnecessary (for couples who don't intend to live in the US) because that's what the VWP and visitors visas are for. I only referenced the K1 to clarify that such a broad statement leaves out some situations.

I think what some posters were getting agitated about (about lying at POE) comes from whether or not it's bad for VJ to give the sort of advice Push gave. Frankly, I've seen the same advice here often, and from members with an 'older' status that his.

Personally - I'm VERY paranoid about mis-statements at point of entry. During the time we spent hung up in namecheck (also lengthy as was yours) I read and researched a LOT about immigrants rights. The topic still fascinates me. I do believe CBP officers are good people who do a good job. But I also realize that a single misstep at point of entry can bar an alien for life. The word of a CBP officer cannot be refuted in a court of law. I respect that authority they have been given and don't take it lightly.

Call it paranoia if you like. I've just read too much to convince me to think otherwise.

Edited February 3, 2009 by rebeccajo

[Trompe le Monde 1,107]

Well, I think push's advice should probably come with caveats, but the scare-mongering is OTT. I don't see why anyone should believe that not stating everything on a given itinerary for a trip is somehow "breaking the law" when they aren't trying to get around immigration law. If the someone broke no laws with "intent to immigrate" on their statements at POE I don't see why they would have any reason to worry later in the process, as illustrated by countless others with first-hand experience of doing exactly that.

Edited February 3, 2009 by rkl57