This might be a taboo topic...

[john_and_marlene 162]

The way I read the post, the attorney is saying they have a 99.9% chance of success. I think that is accurate.

[belinda63 3,052]

Depends on how much of a gambler you are. Are you willing to risk a chance of getting a life time ban from entering the US-----that is for the remainder of your life--------just to save what will probably be less than a year apart? You can still come visit during the K-1 process if you can prove strong ties to your home country.

So the question is "Are you feeling lucky".

[Krikit 1,165]

Phil Perkins,

Welcome to VJ. You should begin by reading The Guides in order to familiarize yourself with the various options available to you. You should also re-read the Terms of Service which you agreed to when creating your account. VisaJourney members are not permitted to "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

I am leaving the thread open at this time so you can become educated about the immigration process. However, if you continue to search for ways in which to evade the immigration process I will have no choice but to shut it down.

Thank you.

[sachinky 465]

What you are proposing is visa fraud -- using a tourist visa to immigrate. Proper laws are in place and trying to evade them is illegal.

If you do follow through with this plan, I hope your AOS is denied. Then maybe you'll learn to do things the legal way. It's because people like you have taken advantage of the system for years, that we now have to jump through these numerous hoops.

Also remember, a denied AOS from VWP/B2 cannot be appealed.

A competent and good lawyer would actually warn you AGAINST this. Not condone it. But if he's just looking to make money...

Have these "spontaneous weddings" been done before? Sure. Is it worth the risk? I'd say not. I know of a couple who did the same thing and had their AOS denied because the CO didn't really buy their spontaneous wedding story. Now they're going through the CR-1 process.

[john_and_marlene 162]

I know of a couple who did the same thing and had their AOS denied because the CO didn't really buy their spontaneous wedding story. Now they're going through the CR-1 process.

If one of the couple was a USC, then they would not have been denied based on prior intent. Either there was some other reason for denial, they were not a USC at the time, or the story is not true.

[journeyingwithyou 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

One of our neighbors here in Texas was married to her fiance who was on tourist visa. After the wedding, they tried to apply for adjustment of status but the result was that he was asked to leave the US and go through the CR-1 route. It even took them longer to be together.

[sachinky 465]

I'm certainly not well aware of all the pertinent facts relevant to their case--there could well be some other reason for denial.

I have no reason to lie and make up a story--I just want to make sure the OP is aware of the consequences of what he is planning to do. We all want to be with our spouses as soon as possible but it is also important to err on the side of caution in crucial matters such as this.

Edited January 27, 2010 by sachinky

[HeatDeath 430]

Consider this very carefully:

If you try to adjust status from a fiance or spousal nonimmigrant visa and, for some bizarre reason are denied, you can appeal. Such appeals are virtually always successful. They seem to figure that if you want to bother appealing, the marriage must be valid

If you try to adjust status from a tourist visa and, for some bizarre reason are denied, you CANNOT appeal!

Now, that bizarre reason could be anything at all. Maybe the IO found your tie offensive at the interview. Maybe someone who looks just like you hit his dog with their car that week. The point is, with one option you have protection from random junk like this. With the other, you don't.

Even though the odds of success for the two cases are pretty much the same, and, to be fair, quite high, the downside risk for adjusting from a tourist visa is much greater - the possible negative consequences are much harder to overcome.

All this is quite apart from the Ninth Commandment (which becomes the FIRST Commandment when dealing with Immigration Officials): Never ever ever ever lie to anyone, at anytime, anywhere, no matter who wants you to lie, how bad they want you to do it, or how reasonable an idea it seems. Lying will always, ALWAYS come back and bite you.

Edited January 27, 2010 by HeatDeath

[Lorenzoid 12]

I'm a newbie here on VJ, but as others have pointed out, the Terms of Service that you agree to by signing up for an account on VJ prohibit addressing questions about circumventing the law. However, I would guess that many of us who ultimately opted for the K-1 route considered what you are suggesting. Talk to a lawyer, who is able to tell you the ins and outs of that route, as we here on VJ apparently are not permitted to. I initially spoke with a lawyer about it, yet ultimately opted to go the K-1 route.

I am a lawyer, by the way, though not an immigration lawyer.

Edited January 27, 2010 by Lorenzoid

[john_and_marlene 162]

I'm certainly not well aware of all the pertinent facts relevant to their case--there could well be some other reason for denial.

Then why ad lib the part about the CO not buying their spontaneous wedding story, suggesting that was the reason for denial? It's better to stick with the known facts rather than risk misinformation and a loss of credibility.

[Bernie C 24]

Its been rumored, suggested, debated that CO's from some or all consulates and US based officials may visit these sites and browse through posts and discussions.

Imagine going to an interview and having someone say "Hmmm I have seen you somewhere before", Oh yes, I remember, your the one who fully intended to commit FRAUD.

Look inside yourself and ask the following question - "Am I willing to knowingly break the laws of the US, the country where I live and our brothers, sisters, mothers, fathers etc etc give their lives to keep me safe and secure".

Please consider going the legal route. The process is already difficult enough becuse so many people commit fraud, lets work towards being better people and supporting our laws not breaking them. If you can't wait a little while to be togehter then you dont have what it takes to stay together anyway.

We have friends that have gone so far as to move to thier loved ones country to establish and prove that they are real.

Ok enough is enough, I'll get of my soap box now. If you go the legal route I wish you the best of luck. If not, well I'll just keep that to myself!

[Lorenzoid 12]

Oh, disregard what I said in my post above--as I read your post more carefully I see that you already spoke with an immigration attorney. If so, then why seek advice here on VJ? Essentially none of us are immigration attorneys, and essentially our only knowledge of the process and the law is what we have learned on VJ and the USCIS web site and from our own experiences. All the advice you will receive on VJ is the advice of those who have opted to go through the procedures that VJ is intended to help you with: K1, K3, etc. You're asking the wrong people. If you'd like a second opinion, I'd recommend you talk with a second immigration attorney.

[sachinky 465]

Then why ad lib the part about the CO not buying their spontaneous wedding story, suggesting that was the reason for denial? It's better to stick with the known facts rather than risk misinformation and a loss of credibility.

Sorry if it came across that way -- that may have just been wishful thinking on my part. Like I said, I'm not aware of all the facts of their case, I heard it through someone -- I'm sure there was some other reason for denial but I do know that they had tried to do what the OP is planning.

OP--K-1s take about six months. Why risk your futures together?

And everyone needs to follow the laws. Whether you're from U.K, Mexico, Canada or India.

[thongd4me 69]

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.

There's no prohibition on your getting married while on a tourist visa -

however you have to return back across the pond while the CR-1 is being filed.

The fact that you are married no longer is a ticket to overstay your tourist visa.

My first wife overstayed her student visa and I kept her here by marrying her

but that was over 20 years ago and those times are gone forever.

How did you find America?

- "Turn left at Greenland" - John Lennon

[evilmonkey 2]

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 is because of people like you US has implemented such strict and a long process. You know that you are doing the wrong thing "I'm thinking about popping over on a tourist visa, and then 'spontaneously' getting married and applying for an adjustment of status. " and yet you post here to seek reassurance?

One piece of advice, 5 months to a year away from a loved one is better then 3,5,10 or even life!