Skip K1, enter on a tourist visa and Marry?

[R de la R 2]

I guess the most apparent reason would be because it is illegal.

The second reason, in my case, is because the US doesn't issue visitor visas easily to people from specific countries, like the one that my husband is from.

I talked to a friend of mine. He went 4 years ago to USA from Norway on a B2 Visa. He got Married while there and just stayed.

He said if I did this I could marry quicker and dont have to wait for the K1 visa..

If so.. whats the point of the K1 visa in the first place?

Any advice?

I am lucky for the tourist visa part.. however, is it illegal? even if it is... is it still possible?

It is considered visa fraud, at the moment of the adjustment status interview, your SO can be asked and questioned about marriage under a visitor visa. It is up to the examiner to grant the visa or not. If I were you I wouldn't risk into that. File for the K1 and wait your turn.

[Ed+Cindy 1]

Another option you have is to marry in the US on a tourist visa, file the K3 and stay in the US until you have your interview (or until your stay on the VWP runs out, which will probably happen first) and then go back to Norway for the medical/interview. Not necessarily quicker but you don't HAVE to go the K1 route. For the record, I think the K1 is ridiculous because after receiving the visa you have to adjust status (to the tune of a thousand bucks).

I couldn't agree more...why do foreign fiances have to go through all the background, medical, etc checks for the K-1, THEN the complete adjustment of status. There should be a very quick status adjustment for K-1s (something like sending in a copy of a marriage certificate and that's it).

For the original poster, you can't marry on a tourist visa unless you can prove that you did not have plans to marry when you entered the country. If you marry someone you knew prior to entering as a tourist, you will have a hard time convincing an officer that you did not come to the US with that intent.

My suggestion, if you want to be together the most: Have the foreigner enter on a B visa as soon as you send the packet away. That will give them 6 months and hopefully by the end of that time, everything will be ready for them to return home and interview for the K-1. Read the posts here about the best way to enter as a visitor and not be turned away.

Edited April 14, 2009 by Ed+Cindy

[rebeccajo 14]

I couldn't agree more...why do foreign fiances have to go through all the background, medical, etc checks for the K-1, THEN the complete adjustment of status. There should be a very quick status adjustment for K-1s (something like sending in a copy of a marriage certificate and that's it).

You know it actually used to be like that?

But that was donkey's years ago. Way pre 9/11 and all that jazz.

[Tina W 0]

Thank you all!! Very good advices indeed... its very overwhelming with all these rules..

I talked to my Boyfriend, and we are going to go for a vacation in Hawaii this summer together. And I also see that sometimes the K1 can go faster than 6 months. So, we will cross our fingers. He can visit me in Norway too!

I will keep you guys posted.

( I did contact my other friend.. and Yes.. he did say he never planned to Marry when he entered on a tourist visa.. and that he fell in love suddenly...)

Sincerely,

Tina

[Cuchita 1]

Good luck!

[luv2uallday 1]

I talked to a friend of mine. He went 4 years ago to USA from Norway on a B2 Visa. He got Married while there and just stayed.

He said if I did this I could marry quicker and dont have to wait for the K1 visa..

If so.. whats the point of the K1 visa in the first place?

Any advice?

to enter this country with intent other than what you state on your visa application is VISA fraud. Yes you CAN do it. but it doesn't mean you SHOULD do it. Your friend is one example why so many are having hard times getting a visa.. The more people abuse what privelidges are given to them the more tighter the regulations and the greater the suffering those who are decent and honest will be..

K1 fiance is your best route to go.. it will take you just ALITTLE longer in processing times than a visitor visa. And you will not have to worry about being deinied due to visa fraud deportation or all that jazz.. Your freind was lucky that doesn't mean you will be too

[Doctor J 0]

man.....just do it the legal way.....K1....mine only took 7 months from the 1st NOA to the interview.......dont want to rick being banned forever. Follow the process.

[Krikit 1,163]

to enter this country with intent other than what you state on your visa application is VISA fraud. Yes you CAN do it. but it doesn't mean you SHOULD do it. Your friend is one example why so many are having hard times getting a visa.. The more people abuse what privelidges are given to them the more tighter the regulations and the greater the suffering those who are decent and honest will be..

K1 fiance is your best route to go.. it will take you just ALITTLE longer in processing times than a visitor visa. And you will not have to worry about being deinied due to visa fraud deportation or all that jazz.. Your freind was lucky that doesn't mean you will be too

If you would read up a few posts you will see where the OP states that the friend had no intention of marrying and staying when he entered the US.

[pushbrk 12,618]

isnt this considered fraud?

and even if you get married here, tourist visa is valid only 6 months, you will have to go back, and file for a visa

getting married doesnt mean you can legally stay here, only means you are legally married

The details of the circumstances and intent upon entry determine the legality and legitimacy. It is certainly legal to enter on any visa or other entry privilege and marry. Whether you can also stay afterward depends on intent at entry and some other issues.

In general, if the decision to marry and stay occurs after entry, it's ok.

[ashenflowers 5]

Good luck, whatever you decide. I had similar questions when I was still trying to understand the process. It can be confusing because some of the things seem like gray areas, and people DO seem to get through the cracks all the time. However, I do strongly recommend you go the legal route. You should be able to visit each other in the mean time, which is very helpful... It's a pain in the @$$, but it will give you peace of mind, and you won't run the risk of deportation or being banned, like people have said can happen. Think of yourself a year or so from now, when you and your future spouse will be together regardless of what route you take. Would you prefer to know that you have done things the legal way, or would you want to feel like you somewhat cheated and scammed the system and worried constantly over getting caught? Just a thought.

[SuperDuper! 230]

I guess the most apparent reason would be because it is illegal.

The second reason, in my case, is because the US doesn't issue visitor visas easily to people from specific countries, like the one that my husband is from.

I talked to a friend of mine. He went 4 years ago to USA from Norway on a B2 Visa. He got Married while there and just stayed.

He said if I did this I could marry quicker and dont have to wait for the K1 visa..

If so.. whats the point of the K1 visa in the first place?

Any advice?

I am lucky for the tourist visa part.. however, is it illegal? even if it is... is it still possible?

Yes, it's possible but so is deportation and being banned for entering in the future. Is it worth the risk? Why not do it the correct way and file a K1?

People love short cuts in life.

[Martinmd 0]

I wonder how USCIS is supposed to prove that your intent was fraudulent. Unless you invite the officer at the airport to your wedding, they have no approved mind reading techniques or crystal balls as far as I know. Not that I say it is right, but I have seen many European friends arranging it this way and it never was an issue.

However: Being from a kick-#### country like Norway , you should seriously consider moving there as well.

good luck!!!

[MARM 7]

If it was legal to get immigrate to the USA based on marriage in the USA on a visitor visa...I don't think ANYONE would even think of going through the K-1, it would be visitor visa for everyone who could get one successfully. And I do agree with many people here that the AOS after K-1 is just RIDICULOUS...if I knew the details of all the filing and waiting and if I did not hire an incompetent lawyer and found VJ before filing I-129F, we would have gone the CR-1/IR-1 route...

[Krikit 1,163]

If it was legal to get immigrate to the USA based on marriage in the USA on a visitor visa...I don't think ANYONE would even think of going through the K-1, it would be visitor visa for everyone who could get one successfully. And I do agree with many people here that the AOS after K-1 is just RIDICULOUS...if I knew the details of all the filing and waiting and if I did not hire an incompetent lawyer and found VJ before filing I-129F, we would have gone the CR-1/IR-1 route...

Ahhh, but it IS legal.... as long as it was not done with the intent to circumvent the immigration process.

[JeroenAndMichelle 28]

I wonder how USCIS is supposed to prove that your intent was fraudulent.

The USCIS can ask for employer letters, to show that someone was to be expected back at work again, or rental leases or phone bills and all those other papers that may proof that the intent was originally to go back to his/her own country instead of marrying and staying as there were still ties back in the homecountry. If someone comes to the US with the intent to marry and stay here for immigration, then this person normally cannot show those documents.

Remember, the USCIS does not have to prove anything, the ones who apply for it all (such as K1 and AOS) are supposed to come with all the proof..