Can i go to the US while my K1 is in procees?

[layla40 0]

First of all sorry for my english, im still learning.

Well, my fiance in the USA will do the procedure for my k1 visa in january ( so i guess it will take 5-6 months after i can do the interview right?) but i would like to go in the USA in march( i have b1/b2 visa )...can i do that?or should i stay in my country for all the time of the procesedur of k1 visa?

if i arrive in the airport in march they will know that my k1 visa is in procedures and they will not allow me to enter?

please help!

[Mononoke28 135]

Yes, you can visit while your K1 petition is being processed. Immigration may give you a hard time at POE but many do let you go through.

Diana

[layla40 0]

ok but at my arrival i have to say that my k1 is in process? or can i say that im there just for tourism? ( in that case they would know if im lying because at the airport they know that my k1 is in process or they dont know nothing? thanks diana

[layla40 0]

sorry and what is POE?

[Stephen + Elisha 92]

ok but at my arrival i have to say that my k1 is in process? or can i say that im there just for tourism? ( in that case they would know if im lying because at the airport they know that my k1 is in process or they dont know nothing? thanks diana

You don't have to volunteer extra information, but don't lie either. If the primary purpose of your trip is to visit your fiance, say so. They will be able to see that you've applied for a K1, so be forthright about it.

The pending K1 shows that you have immigrant intent. So there's an additional burden to overcome in order to be allowed entry on a visitor visa. But it can be done. VisaJourney has an FAQ that gives a lot of good advice: http://www.visajourney.com/forums/index.ph...mp;page=k1visit

sorry and what is POE?

POE = Point Of Entry; the place where you enter the United States and undergo immigration and customs inspection.

Edited October 28, 2009 by Stephen + Elisha

[DoneWaiting 15]

If you have not apply for a K1 - as you mentioned, you can apply for a B2 - tourist visa. If you already applied for a K1 you can still apply for visa to visit your fiance. but, as previously mentioned, you will get a hard time. If you K-1 is already in process and progressing, may want to consider the possibilities of waiting a little longer to see your love one. Or, why not your fiancé pays you a visit, less complicated for you guys.

vp

Edited October 28, 2009 by ImWaiting

[layla40 0]

ok thank you for your answers!

and what would happen if i marry my fiance while im in the US with a tourist visa? is that illegal? would it complicate things?

i heard that with a good lawyer i can apply for my change of status with no problem and i dont have to go back to my country again ...is that true?

[Stephen + Elisha 92]

and what would happen if i marry my fiance while im in the US with a tourist visa? is that illegal? would it complicate things?

i heard that with a good lawyer i can apply for my change of status with no problem and i dont have to go back to my country again ...is that true?

If you enter the United States on a tourist visa with the intent of marrying and adjusting status, that is immigration fraud and can result in a lifetime ban from the United States. Do not play around with this. Do it the right and legal way.

There are lawyers out there who will advise you to commit immigration fraud in this manner, and will offer advice and assistance in doing so. It's still immigration fraud, it's still illegal, it's still wrong, and you can still get caught and get banned for life.

Edited October 28, 2009 by Stephen + Elisha

[DoneWaiting 15]

I can tell you this, dont hire that lawyer who gave you that advise, Stephen + Elisha is/are very right about the information jsut posted. It is fraud and you dont want to play with fire.

Do things the right way, it may be long and painful but the reward is worth the waiting. We are here to help you with the little knowledge we have.

Blessings,

vp

Edited October 28, 2009 by ImWaiting

[layla40 0]

ok..but i meaned the k3 spouse visa ...what is that? isnt that a visa for people that married while they are in the usa with another visa that is not k1 ?

[canadian_wife 1,822]

No - a K-3 visa is for people who are outside the US. You don't need a visa once you are in the US. Visas are for people who want to enter the US. You can go to the US, get married, cancel your K-1, forfeit your filing fee, apply for the K-3 and then return to Itally. That's no problem.

Good luck.

[layla40 0]

ok thanks for your answer again!

and what about the proofs of our relationship? i mean...i know this person since may and the only contacts we have is in chat and some call phones and nothing else...thats why im going there in december to met him in person and then i want to go again in march when hi has start k1 procees ....while i ll be there ill take photographs..going places ecc but it will be few things ...are proofs important?

and what about the interview? i heard that they will interview us together ...but where? when i ll have the interview here in my country? or they were talking about other interviews in the future?

[Stephen + Elisha 92]

ok..but i meaned the k3 spouse visa ...what is that? isnt that a visa for people that married while they are in the usa with another visa that is not k1 ?

Nope. K3 is a nonimmigrant spousal visa. Generally they will have married outside the US, but sometimes inside. K3 is really somewhat obsolete; it was intended to allow married couples to be together in the US sooner at a time when the IR-1/CR-1 processing times were VERY long. Now the processing times are very similar, so there's really not much point of pursuing the K3 in most cases.

Sometimes people who are in the US on nonimmigrant visas (student, work, exchange, etc.) meet an American and decide to get married. They are permitted to adjust status while in the US. The difference between this and the situation you described (entering on a tourist visa, marrying, and adjusting status) is that they did not enter with immigrant intent. They didn't come here with the specific intention of marrying and immigrating. (If they did, then they also committed immigration fraud.) You have a fiance. If you enter the US on your tourist visa, you are required to certify to the immigration officer at the point of entry that you intend to leave the United States before your authorized stay expires. If you make this certification knowing full well that you intend to marry and adjust status, you are lying to an immigration officer of the United States, misrepresenting material facts, and using a nonimmigrant visa with intent to immigrate. These are all violations of the Immigration and Nationality Act, and all can result in your deportation, permanent ineligibility for immigrant status, and lifetime ban on travel to the US.

[canadian_wife 1,822]

Yes proof of your relationship is important. So is proving you've met. So gather LOTS of evidence on this first trip. Focus on primary evidence like passport stamps, boarding passes, hotel receipts, etc. Get your cell phone logs and e-mails as well.

Interivews will be in your home country and can have the petitioner there if you want to.

If this is your first meeting EVER and you've only known him since May, I strongly suggest you do not marry on this trip - it may raise some red flags.

Good luck.

ok thanks for your answer again!

and what about the proofs of our relationship? i mean...i know this person since may and the only contacts we have is in chat and some call phones and nothing else...thats why im going there in december to met him in person and then i want to go again in march when hi has start k1 procees ....while i ll be there ill take photographs..going places ecc but it will be few things ...are proofs important?

and what about the interview? i heard that they will interview us together ...but where? when i ll have the interview here in my country? or they were talking about other interviews in the future?

[DoneWaiting 15]

ok thanks for your answer again!

and what about the proofs of our relationship? i mean...i know this person since may and the only contacts we have is in chat and some call phones and nothing else...thats why im going there in december to met him in person and then i want to go again in march when hi has start k1 procees ....while i ll be there ill take photographs..going places ecc but it will be few things ...are proofs important?

and what about the interview? i heard that they will interview us together ...but where? when i ll have the interview here in my country? or they were talking about other interviews in the future?

You are required to meet in person, so your pictures are crucial. as in other messages mentioned, gather all type of correspondance such as tel logs, emails, letters, post cards. You will need many of these items when you apply for the first time [at least, we submitted all kind of information].

Interview- Not necessary for both parties to be there however, is a big support and help for both to be there. Sometimes, when both individual are present, both are interview in separate rooms. But, is not on all cases.

So.. If you are considering visiting the USA before applying for a K-1 visa, PLEASE dont get marry and dont stay in the US if you want to pursue a legal status here.

Is not easy to be away, we ALL know that here, but is not going to be easy if you do thing off the book..

Best of luck in all your affairs