r1 to AOS

[carvin317 0]

My fiance has an r1 visa and she did church work for about a year here. they gave her three years on her r1 visa, but she went back home and has been there for the last year, but we visit each other around once a month. I heard it would be visa fraud if she came down here and got married on her r1 visa for the purpose of getting married. If i were to go up to Canada and get married and we both came back here would she be able to live with me and adjust her status like that without getting a k3 visa?

[Otto 83]

So you're asking how to circumvent the immigration system? (Doubtful you'll get that kind of information/advice here on VJ.)

[carvin317 0]

Im asking if its possible to adjust from a r1 Im not circumventing anything. I would like to pick the easiest possible way.

[Bobby+Umit 161]

The purpose of the R-1 visa is for "religious" functions, not to travel to the US to get married.

So both of your scenarios are not legal, according to the purpose of the R-1.

A person could adjust from a R-1, if they were in the US, and happen to meet/marry a USC. Pre-planning, as you are doing, is considered a "negative factor".

I would also think, in your second scenario, getting married in Canada, then using the R-1 to travel back will open up some sort of misrepresentation with the CBP at the POE. (What will you put for the martial status? purpose of visit?).

In fact, there is a news story of a couple that married and attempted to come back into the US on this very site. They are waiting through a ban now.