This might be a taboo topic...

[Phil Perkins 0]

Hey everybody, I've been reading some of the posts around here and the wealth of information is amazing. Can anyone offer me some advice? I'm from England, and my fiancee is a US Citizen. We've been in a relationship for a few years. We're looking into the K-1 visa, but with the waiting time & expense, I'm thinking about popping over on a tourist visa, and then 'spontaneously' getting married and applying for an adjustment of status.

I know this is a kind of taboo way of doing it, but does anyone have any opinions of whether this would be ok? I'm aware that officially it's not recommended, but does anyone have - or know anyone / have any clients with - any practical experience? I've spoken to an immigration attorney who frankly said that it would be a 1 in 1000 chance of getting deported after arriving on a tourist visa and then marrying & applying for change of status.

Is the K-1 visa mostly designed for citizens of countries who are ineligible, or have difficulty obtaining, tourist visas? Or also for people who have rarely seen each other, who would appreciate 3 months together to make sure they want to marry? Because for a UK Citizen with no criminal record, the process seems a little overkill. All it does is allow me into the country, which a tourist visa would do anyway. I even think that a tourist visa would allow me to go over for 3 months, although it could be 6 weeks, I'm not sure. And all the major security checks seem to come in during the AOS anyway. Basically - if a system is in place to allow someone to enter the US on a tourist visa, legally marry a US citizen and then legally apply for an AOS, wouldn't it be foolish not to go down this route, if eligible?

If anyone could offer any advice I'd really appreciate it. Thanks.

Phil

[milimelo 4,540]

Not doable as you have clearly stated your intent to circumvent immigration laws.

Get married, file for CR-1 and you'll be here in under a year.

[Wyld Blu 35]

Not doable as you have clearly stated your intent to circumvent immigration laws.

Get married, file for CR-1 and you'll be here in under a year.

Well, technically it IS doable, but not legal, and the risks may be too much as they were for my fiance and I. You could be facing a permenant ban if the USCIS suspects you came here with the purposes of getting married and adjusting status on a visitor visa. Why not go the legal way? Yes you will be apart for awhile, but it isn't forever, and it is the best way to assure it is done right. The K1 is for anyone wanting to bring over a fiance. However, if you want to get married now, do the CR1 and file the appropriate paperwork.

Whatever you decide, good luck to you!

-Blu-

[john_and_marlene 162]

What you suggest doing is actually illegal and so is against the TOS for this website to advocate it, however the immigration attorney has given you accurate advice.

[ValerieA 350]

And you've now posted your intentions on a public forum...odds are that they are not monitoring every post, but what if they read this one? Best to do it the legal way, regardless.

[Otto 83]

The old 'spontaneous marriage' angle...

As with many things in life, there's a right way and a wrong way (often several of each). Choose wisely.

[Bobby+Umit 161]

Hey everybody, I've been reading some of the posts around here and the wealth of information is amazing. Can anyone offer me some advice? I'm from England, and my fiancee is a US Citizen. We've been in a relationship for a few years. We're looking into the K-1 visa, but with the waiting time & expense, I'm thinking about popping over on a tourist visa, and then 'spontaneously' getting married and applying for an adjustment of status.

Goes against the intent of the VWP/Visitors visa - visiting is without "immigration" intent - doing anything else with this type of entry opens you up to misrepresentation.

I know this is a kind of taboo way of doing it, but does anyone have any opinions of whether this would be ok?

My opinion - not ok. (btw - it's not taboo, it's the law)

I'm aware that officially it's not recommended ,b ut does anyone have - or know anyone / have any clients with - any practical experience?

I know a couple spending a 3 year ban because they tried something similar to this - your case/chances will vary.

I've spoken to an immigration attorney who frankly said that it would be a 1 in 1000 chance of getting deported after arriving on a tourist visa and then marrying & applying for change of status.

Sucks if your that "1" that gets deported. But I suppose the lawyer would make even more money off you...

Is the K-1 visa mostly designed for citizens of countries who are ineligible, or have difficulty obtaining, tourist visas?

No, it's designed to bring your fiance(e) into the US to marry and then AOS. It is not to be used as a tourist visa or "try out the Fiance(e) visa"

Or also for people who have rarely seen each other, who would appreciate 3 months together to make sure they want to marry?

Again - K-1 is not to be used for this purpose. You sign a letter of intent showing you intend to marry, as does your Fiance(e). If your wish is to try out the relationship, then visit each other in person, for a longer amount of time.

Because for a UK Citizen with no criminal record, the process seems a little overkill.

Alas - it is the law.

All it does is allow me into the country, which a tourist visa would do anyway.

No, the K-1 allows you to legally come to the US, and legally AOS. Yes, you can legally AOS from the visitors visa, but, as you said, their is a chance it might go badly for you on the visitors visa...

I even think that a tourist visa would allow me to go over for 3 months, although it could be 6 weeks, I'm not sure.

You may want to check that...

And all the major security checks seem to come in during the AOS anyway.

? not sure what you mean. K-1 has checks prior to issue.

Basically - if a system is in place to allow someone to enter the US on a tourist visa, legally marry a US citizen and then legally apply for an AOS, wouldn't it be foolish not to go down this route, if eligible?

Tell you what - when you come here on a visitors visa/vwp - tell CBP that you intend on marrying an USC, then doing the AOS - see how far you get...

If anyone could offer any advice I'd really appreciate it. Thanks.

Phil

[jkminney 30]

I'm not being funny fella but don't you think that if it were THAT easy to do ALL of us would have done it? We would ALL love to already be with our partner. None of want to have to wait...but at the end of the day in order for us to feel 100% comfortable and know we aren't going to possibly end up in a very bad situation we've done the right thing. What you are trying to do is part of the problem....a couple bad apples spoils the bunch. There was a time that none of this was needed but people have taken advantage of the system for so long that we now have the process from hell to go through. We accepted it because we want to be with our loved one. Make a wise choice and not the easiest one.

[JERIII 8]

None of want to have to wait...but at the end of the day in order for us to feel 100% comfortable and know we aren't going to possibly end up in a very bad situation we've done the right thing.

I am not advocating that the OP do what he suggested. However, I do want to address the comment about 100% comfortable. If you read through the many stories on VJ and elsewhere, there are far more people who have trouble with interviews and denial outside the US than there are people who have any sort of trouble with AOS - from any kind of Visa or from the VWP. A K1 from Britain is not likely to have any kind of problem, but people have problems all the time with K-1 visas. We shouldn't talk like there is no risk in doing a K-1.

[Brother Hesekiel 2,236]

The rules here on VJ prohibit users to give you correct advice on this and such posts will often be removed by the forum police.

That said, a couple that marries totally out of the blue will have no problems to adjust; people do it all of the time. Naturally, somebody with an open K-1 petition will have a difficult time to argue a surprise wedding, if that issue were to come up during the AOS interview. If it would come up is anybody's guess.

[payxibka 10,047]

I am not advocating that the OP do what he suggested. However, I do want to address the comment about 100% comfortable. If you read through the many stories on VJ and elsewhere, there are far more people who have trouble with interviews and denial outside the US than there are people who have any sort of trouble with AOS - from any kind of Visa or from the VWP. A K1 from Britain is not likely to have any kind of problem, but people have problems all the time with K-1 visas. We shouldn't talk like there is no risk in doing a K-1.

Nothing in the immigration process is guaranteed but there is a difference between feeling 100% comfortable about doing the process the RIGHT way versus doing it the "risky" way. The downside of the "risky" was is that if the adjustment is denied then the OP's "wife" will be removed from the country and be most likely slapped with a re-entry ban of some sort... So at that point the OP has a wife who is not eligible to enter the country...

[Otto 83]

Nothing in the immigration process is guaranteed but there is a difference between feeling 100% comfortable about doing the process the RIGHT way versus doing it the "risky" way. The downside of the "risky" was is that if the adjustment is denied then the OP's "wife" will be removed from the country and be most likely slapped with a re-entry ban of some sort... So at that point the OP has a wife who is not eligible to enter the country...

Yup - the risk certainly would not be worth it..

[jkminney 30]

I am not advocating that the OP do what he suggested. However, I do want to address the comment about 100% comfortable. If you read through the many stories on VJ and elsewhere, there are far more people who have trouble with interviews and denial outside the US than there are people who have any sort of trouble with AOS - from any kind of Visa or from the VWP. A K1 from Britain is not likely to have any kind of problem, but people have problems all the time with K-1 visas. We shouldn't talk like there is no risk in doing a K-1.

They have problems because they didn't have a strong enough case. If you are in a country that is known for high fraud then it would be common sense that you are probably going to have to supply enough evidence making a stronger case to present. Most people aren't denied for no reason at all....there IS a reason for it and it's your job as the petitioner/beneficiary to make sure you've covered all the possible reasons they could deny you. The 100% was in regards to having them get banned from the U.S. because they lied about something

[baron555 934]

Hey everybody, I've been reading some of the posts around here and the wealth of information is amazing. Can anyone offer me some advice? I'm from England, and my fiancee is a US Citizen. We've been in a relationship for a few years. We're looking into the K-1 visa, but with the waiting time & expense, I'm thinking about popping over on a tourist visa, and then 'spontaneously' getting married and applying for an adjustment of status.

I know this is a kind of taboo way of doing it, but does anyone have any opinions of whether this would be ok? I'm aware that officially it's not recommended, but does anyone have - or know anyone / have any clients with - any practical experience? I've spoken to an immigration attorney who frankly said that it would be a 1 in 1000 chance of getting deported after arriving on a tourist visa and then marrying & applying for change of status.

Is the K-1 visa mostly designed for citizens of countries who are ineligible, or have difficulty obtaining, tourist visas? Or also for people who have rarely seen each other, who would appreciate 3 months together to make sure they want to marry? Because for a UK Citizen with no criminal record, the process seems a little overkill. All it does is allow me into the country, which a tourist visa would do anyway. I even think that a tourist visa would allow me to go over for 3 months, although it could be 6 weeks, I'm not sure. And all the major security checks seem to come in during the AOS anyway. Basically - if a system is in place to allow someone to enter the US on a tourist visa, legally marry a US citizen and then legally apply for an AOS, wouldn't it be foolish not to go down this route, if eligible?

If anyone could offer any advice I'd really appreciate it. Thanks.

Phil

What you are proposing is visa fraud. That can result in a ban for life for you. Why do you want to risk that?

Follow the law, doesn't matter what kind of country you are from, and do this the right way.

What would you say at the border if asked?

What will you tell the officer during your adjustment of status interview?

If you tell the truth, then the fraud will be uncovered. If they uncover it on their own, same result.

Your call. You can pop on over anytime you want, just follow our laws please.

Edited January 27, 2010 by baron555

[minatours 0]

Hey everybody, I've been reading some of the posts around here and the wealth of information is amazing. Can anyone offer me some advice? I'm from England, and my fiancee is a US Citizen. We've been in a relationship for a few years. We're looking into the K-1 visa, but with the waiting time & expense, I'm thinking about popping over on a tourist visa, and then 'spontaneously' getting married and applying for an adjustment of status.

I know this is a kind of taboo way of doing it, but does anyone have any opinions of whether this would be ok? I'm aware that officially it's not recommended, but does anyone have - or know anyone / have any clients with - any practical experience? I've spoken to an immigration attorney who frankly said that it would be a 1 in 1000 chance of getting deported after arriving on a tourist visa and then marrying & applying for change of status.

Is the K-1 visa mostly designed for citizens of countries who are ineligible, or have difficulty obtaining, tourist visas? Or also for people who have rarely seen each other, who would appreciate 3 months together to make sure they want to marry? Because for a UK Citizen with no criminal record, the process seems a little overkill. All it does is allow me into the country, which a tourist visa would do anyway. I even think that a tourist visa would allow me to go over for 3 months, although it could be 6 weeks, I'm not sure. And all the major security checks seem to come in during the AOS anyway. Basically - if a system is in place to allow someone to enter the US on a tourist visa, legally marry a US citizen and then legally apply for an AOS, wouldn't it be foolish not to go down this route, if eligible?

If anyone could offer any advice I'd really appreciate it. Thanks.

Phil

It seems like a lot of people likes to do the things by the hard way and making such a big deal of nothing but you have to be a ware of this point. there no law prevent the person who holds tourist visa to get married inside usa and with all do respect to your lawyer he knows nothing and i willing to challenge him if he opened any law book and pointed to sentence which saying you will be deported my reference an american immigration lawyer so

if i were in your shose i would go a head and travel on tourist visa and later on you can apply for AOS good luck