Am I missing something?

[nostrich 0]

Hi there. Numerous people have suggested this forum for getting advice on immigration, so here I am.

Here is our situation. I am a UK resident, and she is an American resident, in Indiana. I want to be with her in Indianapolis. We've been weighing our options for a little while and eventually decided a K-3 visa was our preferred route, but I have some questions.

The people I've asked for advice so far have generally been insistent that this is a bad idea, but a little light on specifics.

Our plan is to get married next time I visit her in the US, and then for me to return to the UK while we apply for the K-3. As I understand it, this is perfectly legal -- since I don't intend to stay and just file an AOS -- but while some people agree, others have vehemently disagreed. I just want to make sure I'm not misunderstanding anything.

One potential complication is that the first time I visited her -- in March this year, I stayed the full 90 days -- I was detained by immigration on the way in. Because I was travelling with so little money, they seemed very concerned we planned to get married while I was there. I assured him it wasn't the case, but he insisted on calling her to corroborate the story. She did, and I was eventually allowed entry. But I'm guessing I'm going to be on some "list" now, so I'm expecting to face this again on the way in. Except this time, obviously, we do intend to marry. I'm a tad confused about the specifics, but some have insisted that it's illegal to enter the US with the intent to marry, but I was under the impression that was only the case if you intend to file for AOS and not leave again. If we're applying for a K-3 visa while I'm back in the UK, is this still illegal? Is it simply a matter of intent?

We're trying to do this the right way and not break any laws, or do anything to endanger our chances of being granted the visa. But would be entering without mentioning any intent to marriage, and then doing it, be tempting fate?

More details can be supplied if necessary. Thanks for any guidance you can give!

[sjr09 155]

Hi there. Numerous people have suggested this forum for getting advice on immigration, so here I am.

Here is our situation. I am a UK resident, and she is an American resident, in Indiana. I want to be with her in Indianapolis. We've been weighing our options for a little while and eventually decided a K-3 visa was our preferred route, but I have some questions.

The people I've asked for advice so far have generally been insistent that this is a bad idea, but a little light on specifics.

Our plan is to get married next time I visit her in the US, and then for me to return to the UK while we apply for the K-3. As I understand it, this is perfectly legal -- since I don't intend to stay and just file an AOS -- but while some people agree, others have vehemently disagreed. I just want to make sure I'm not misunderstanding anything.

One potential complication is that the first time I visited her -- in March this year, I stayed the full 90 days -- I was detained by immigration on the way in. Because I was travelling with so little money, they seemed very concerned we planned to get married while I was there. I assured him it wasn't the case, but he insisted on calling her to corroborate the story. She did, and I was eventually allowed entry. But I'm guessing I'm going to be on some "list" now, so I'm expecting to face this again on the way in. Except this time, obviously, we do intend to marry. I'm a tad confused about the specifics, but some have insisted that it's illegal to enter the US with the intent to marry, but I was under the impression that was only the case if you intend to file for AOS and not leave again. If we're applying for a K-3 visa while I'm back in the UK, is this still illegal? Is it simply a matter of intent?

We're trying to do this the right way and not break any laws, or do anything to endanger our chances of being granted the visa. But would be entering without mentioning any intent to marriage, and then doing it, be tempting fate?

More details can be supplied if necessary. Thanks for any guidance you can give!

Doing it the right way, is the best way! You can get married in the US but you need to go back home and file your K3..... Go for the CR1 way-better then the K-3 CR-1 is cheaper, no AOS and GC when you enter the US.... Your best bet is to play by the rules.

[canadian_wife 1,822]

You are right, it is simply about intent. However, CBP assume everyone who attempts to enter the US has intent to immigrate, which makes your decision to enter and marry and leave, although perfectly legal, somewhat sketchy in the eyes of the CBP

You may enter the country, marry, and leave. Completely legal and many people here have done it. However, with the issues you have had in the past it may be more difficult for you. NEVER lie to a CPB, if they ask if you intend to marry, tell them yes but then show your AMPLE ties to the UK which shows you have every plan to go back (I suggest not trying to go for 90 days as that may be difficult at this point).

Once you enter and marry and return, don't bother with the K-3, it is an expensive, slow, and basically obsolete visa. Go for the Cr-1

Good luck.

[nostrich 0]

Ok, this is helpful!

What are the advantages of the CR-1 over the K-3? What's the difference exactly? And how do they compare in terms of time apart and cost?

As for ample ties to the UK, what might you recommend? I don't own property, I don't have a job (lost it last week, kind of annoyed for exactly this reason), and I don't attend school. The most recent pay slip I will have will be for a month ago. Would it be inadvisable to say I still have this job? Will they check? I also have internet bills in my name, is that likely to be enough? I'm not really sure what else I can show. This has been kind of a sticking point, actually. Any ideas are welcomed.

[canadian_wife 1,822]

In my last post I said NEVER lie to a CBP - that includes your employment. Do you have a lease? A bank account showing substantial funds?After your last entrance into the US, the more ties you have the better.

K-3 will slow up your application. When I applied, K-3s were getting approved 6 - 8 weeks after Cr-1s. Plus, the K-3 is almost twice as expensive and does not permit work authorization upon entrance into the US.

Good luck.

[nostrich 0]

In my last post I said NEVER lie to a CBP - that includes your employment. Do you have a lease? A bank account showing substantial funds?After your last entrance into the US, the more ties you have the better.

K-3 will slow up your application. When I applied, K-3s were getting approved 6 - 8 weeks after Cr-1s. Plus, the K-3 is almost twice as expensive and does not permit work authorization upon entrance into the US.

Good luck.

No lease. I'm staying with my parents for the time being. I have a bank account, but I'm just about emptying it for this trip. It is overdrawn though. Would the need to pay debts be enough to help my case?

[sjr09 155]

Ok, this is helpful!

What are the advantages of the CR-1 over the K-3? What's the difference exactly? And how do they compare in terms of time apart and cost?

As for ample ties to the UK, what might you recommend? I don't own property, I don't have a job (lost it last week, kind of annoyed for exactly this reason), and I don't attend school. The most recent pay slip I will have will be for a month ago. Would it be inadvisable to say I still have this job? Will they check? I also have internet bills in my name, is that likely to be enough? I'm not really sure what else I can show. This has been kind of a sticking point, actually. Any ideas are welcomed.

My post covered some of the primary advantages of the CR1 No AOS CHEAPER and GREEN CARD you will be a LPR!

READ the VJ guides http://www.visajourney.com/forums/index.ph...page=i130guide1

[FinnLove 0]

Hi there. Numerous people have suggested this forum for getting advice on immigration, so here I am.

Here is our situation. I am a UK resident, and she is an American resident, in Indiana. I want to be with her in Indianapolis. We've been weighing our options for a little while and eventually decided a K-3 visa was our preferred route, but I have some questions.

The people I've asked for advice so far have generally been insistent that this is a bad idea, but a little light on specifics.

Our plan is to get married next time I visit her in the US, and then for me to return to the UK while we apply for the K-3. As I understand it, this is perfectly legal -- since I don't intend to stay and just file an AOS -- but while some people agree, others have vehemently disagreed. I just want to make sure I'm not misunderstanding anything.

One potential complication is that the first time I visited her -- in March this year, I stayed the full 90 days -- I was detained by immigration on the way in. Because I was travelling with so little money, they seemed very concerned we planned to get married while I was there. I assured him it wasn't the case, but he insisted on calling her to corroborate the story. She did, and I was eventually allowed entry. But I'm guessing I'm going to be on some "list" now, so I'm expecting to face this again on the way in. Except this time, obviously, we do intend to marry. I'm a tad confused about the specifics, but some have insisted that it's illegal to enter the US with the intent to marry, but I was under the impression that was only the case if you intend to file for AOS and not leave again. If we're applying for a K-3 visa while I'm back in the UK, is this still illegal? Is it simply a matter of intent?

We're trying to do this the right way and not break any laws, or do anything to endanger our chances of being granted the visa. But would be entering without mentioning any intent to marriage, and then doing it, be tempting fate?

More details can be supplied if necessary. Thanks for any guidance you can give!

My (FinnLove) response below (somehow this all ran together so I'm editing!)

What I've been told by an immigration attorney and an immigration marriage fraud expert (contact I have thru work) is that you can only get married in the US if you didn't plan it before you came to visit. Meaning...you spontaneously decided on your trip (after you entered the US) to get married. The burden of proof is on you though to prove to ICE that you didn't plan it. I wouldn't even want to deal with that issue. And since they questioned you already on an entry, would you want to risk it again? Now, since you're already planning it, you'll be breaking the law. Do it the right way and get married overseas. It's fun, cheap (well, meaning you probably don't have to pay thousands for some fancy schmancy wedding) and worth it!!!! Some may disagree with me, but I've heard it from the horse's mouth!

Edited August 12, 2009 by FinnLove

[pushbrk 12,910]

What I've been told by an immigration attorney and an immigration marriage fraud expert (contact I have thru work) is that you can only get married in the US if you didn't plan it before you came to visit. Meaning...you spontaneously decided on your trip (after you entered the US) to get married. The burden of proof is on you though to prove to ICE that you didn't plan it. I wouldn't even want to deal with that issue. And since they questioned you already on an entry, would you want to risk it again? Now, since you're already planning it, you'll be breaking the law. Do it the right way and get married overseas. It's fun, cheap (well, meaning you probably don't have to pay thousands for some fancy schmancy wedding) and worth it!!!! Some may disagree with me, but I've heard it from the horse's mouth!

Either you misunderstood what you were told or were simply told wrong. The above is true when both marriage and staying to adjust status are the actions you take. Marrying and then leaving to pursue the appropriate visa are perfectly legal.

The OP's big risk is being turned around at the port of entry.

To the OP, this forum is full of discussion on why the K3 is obsolete and CR1 is the way to go. However, in your case, because of the high risk of being turned away, I would suggest the two of you simply go the fiance visa route. You can start now instead of waiting until your next visit and simply avoid the risk of being turned away. Let her do the visiting.

[canadian_wife 1,822]

Excellent advice Pushbrk

Filing the K-1 now is an excellent idea - and is correct about your big risk of being turned away

Good luck.

[FinnLove 0]

Okay, maybe I gave wrong advice. I was told that from a person who investigates marriage fraud cases and works directly for ICE and she knew my husband (fiance) at the time was coming to visit. She's the one knocking on doors of anyone suspected of marriage fraud. However, she didn't specify that's the case if the spouse stays in the US. I'm still in the learning process, but I know my husband won't be visiting me anyway during the process of getting a visa...and we got married overseas to avoid all of this. Okay truth is...we got married overseas to avoid having to deal with family and spending thousands on a wedding! haha

[imaisha 1]

I was told that from a person who investigates marriage fraud cases and works directly for ICE

Well the big difference is that the people admitting visitors aren't ICE, they are CBP officials.

[FinnLove 0]

Well, DHS/CBP admits visitors. I'm talking when you're in the immigration process. The fraud cases are transferred to ICE, and that's who the non-law enforcement investigators and the special agents work for (i.e. "Operation Honeymon's Over-marriage fraud indictments). You don't want them knocking on your door!

[imaisha 1]

Well, DHS/CBP admits visitors. I'm talking when you're in the immigration process. The fraud cases are transferred to ICE, and that's who the non-law enforcement investigators and the special agents work for (i.e. "Operation Honeymon's Over-marriage fraud indictments). You don't want them knocking on your door!

Yes but this is not a question of marriage fraud. In the case of the OP, no ICE agents will be knocking on his door and telling him his honeymoon is over if he hasn't applied to adjust status and he is still in status on the VWP (time left on his I-94). His only concern is getting into the country in the first place, which is an issue that CBP deals with.

Edited August 12, 2009 by imaisha

[FinnLove 0]

Okay, thanks!! I was just explaining why I accidently used the wrong acronym, and what advice I was given about getting married in the US. Good luck Nostrich! PS Congrats on your approval Imaisha! Exciting!