Crazy idea but I'm desperate

[jtbredemus 0]

My fiancee and I are stuck in a tough spot now because of all this IMBRA B.S. She originally had an interview scheduled for May 19th, and at that time she bought a ticket to come to the US on August 16th. Well obviously her interview was cancelled and my petition entered IMBRA wasteland until July 11th when my RFE was sent. Since I haven't been touched at all this week and there have been no VSC approvals recently, I'm thinking that there is little chance she will be approved this week. If she was, she could still make the flight if the petition was quickly sent to Prague, as I have some contacts in the Foreign Service who can help me out on that end.

My fiancee was speaking to her cousin who also married an American and moved to the US. She simply came to the US on her tourist visa, got married and filed for AOS. While I know this isn't the way it's "supposed" to be done, is this an option at this point, that being, to cancel the K1 application and then just have her "visit" here and then get married? My fiancee has a multilple entry tourist visa so that's not a problem. Will they immediately be able to tell that we applied for a K1 and deport her at the border or during the AOS?

I know this is very desperate but I'm delerious at this point and at wit's end with USCIS. The alternative is to change her flight (which will cost 500+ dollars and will be difficult because who knows when the damn visa will get approved) and just wait it out. That's obviously probably what I'll do but I just wanted to through my thoughts out there...

Thanks for everyone's support and help on this board, especially for us recall folks who had our christmans present given to us, only to have it snatched away from our hands by the evil USCIS!!

[Mew 0]

My fiancee and I are stuck in a tough spot now because of all this IMBRA B.S. She originally had an interview scheduled for May 19th, and at that time she bought a ticket to come to the US on August 16th. Well obviously her interview was cancelled and my petition entered IMBRA wasteland until July 11th when my RFE was sent. Since I haven't been touched at all this week and there have been no VSC approvals recently, I'm thinking that there is little chance she will be approved this week. If she was, she could still make the flight if the petition was quickly sent to Prague, as I have some contacts in the Foreign Service who can help me out on that end.

My fiancee was speaking to her cousin who also married an American and moved to the US. She simply came to the US on her tourist visa, got married and filed for AOS. While I know this isn't the way it's "supposed" to be done, is this an option at this point, that being, to cancel the K1 application and then just have her "visit" here and then get married? My fiancee has a multilple entry tourist visa so that's not a problem. Will they immediately be able to tell that we applied for a K1 and deport her at the border or during the AOS?

I know this is very desperate but I'm delerious at this point and at wit's end with USCIS. The alternative is to change her flight (which will cost 500+ dollars and will be difficult because who knows when the damn visa will get approved) and just wait it out. That's obviously probably what I'll do but I just wanted to through my thoughts out there...

Thanks for everyone's support and help on this board, especially for us recall folks who had our christmans present given to us, only to have it snatched away from our hands by the evil USCIS!!

It's not such a good choice. People do get married with tourist visas or other kinds of visas and they have no problem adjusting status after that, provided the foreign citizen did not have the intention to immigrate prior to entering the U.S. So, my guess is that you guys would have a hard time to prove that you had no intention to marry and, basically, it would be seen as fraud, which leads to her being banned, I believe.

I too had bought a ticked - despite many warning found in consulate letters, the USCIS website, etc. - and I ended up cancelling it. sigh. We'll get a refund though.

My RFE was approved in 15 days (or so)... Be patient, hang in there. Your approval will come soon too.

Edited August 2, 2006 by Mew

[kitkat1 5]

She simply came to the US on her tourist visa, got married and filed for AOS. While I know this isn't the way it's "supposed" to be done, is this an option at this point, that being, to cancel the K1 application and then just have her "visit" here and then get married? My fiancee has a multilple entry tourist visa so that's not a problem. Will they immediately be able to tell that we applied for a K1 and deport her at the border or during the AOS?

I understand your desperation and your predicament. I don't know for sure if they will know at the POE if she has applied for a K1 - I suspect they will. The bigger issue is this: when she got her tourist visa a main condition was her sworn promise that she only planned to visit the U.S., not immigrate here. (That is why there is a separate visa for fiances of US Citizens). USCIS assumes that intent to marry a U.S. citizen is the same as an intent to immigrate. So if she entered the U.S. as a tourist, without disclosing intent to marry, they will find that she committed visa fraud. If she gets in with her tourist visa and later USCIS decides that this is the case at AOS, she could be removed (i.e., deported) and it would be almost impossible for her to come back, even though she would be married to a USC.

Has her cousin already gone through AOS? If not, chances are she'll have a difficult time and should get a good lawyer now. They care about everything - how soon after entering you met each other, how soon after you got married, how many pieces of luggage you checked (intent), etc. It is simply not worth the risk to save the $500 (I know that's not the only issue here) . . . don't do it and do your best to hang in there!

[iceyspots 0]

dont do it man!

[jtbredemus 0]

Thanks for your advice everyone! I think that's what I needed to hear. Guess I'm going to slug it out!

BTW, my fiancee's cousin has already gone through AOS, I dunno how she did it but it adds a lot of pressure to my fiancee when all of her family keeps saying "well when your cousin went to the US...."

[Canuck Carrie 1]

Thanks for your advice everyone! I think that's what I needed to hear. Guess I'm going to slug it out!

BTW, my fiancee's cousin has already gone through AOS, I dunno how she did it but it adds a lot of pressure to my fiancee when all of her family keeps saying "well when your cousin went to the US...."

She had/has to prove that the marriage, AOS and staying in the USA was unplanned and spontaneous. Since you have filed a K1, showing intent to marry, you cannot prove that your marriage was spontaneous.

If the cousin went to the USA on a tourist Visa with the intent to get married and stay, she committed fraud.

[kitkat1 5]

If the cousin went to the USA on a tourist Visa with the intent to get married and stay, she committed fraud.

And that's what you tell her family's - the cousin committed fraud but that you are going to do it by the law so you don't risk their daugther's happiness!

[Mew 0]

Thanks for your advice everyone! I think that's what I needed to hear. Guess I'm going to slug it out!

BTW, my fiancee's cousin has already gone through AOS, I dunno how she did it but it adds a lot of pressure to my fiancee when all of her family keeps saying "well when your cousin went to the US...."

You guys are only doing the right thing the legal way...

[yogib37 3]

if the USCIS finds out later even granted them a green card, they can revoke it, give your cousin the Boot and put a lifetime ban on her...so I hope she wont get cought or if they ever find out

[MrsBruce5 0]

Hi.

I understand your frustration-really I do. I was there myself, and it is a hellish place to be.

The good news is that it does pass.

There is something in the law called "dual intent", and by filing a K1, you have demonstrated that your intent is to be married and stay. The filing of the K1 proves this, and can lead to all kinds of issue. The simplest being a VERY difficult AOS, to worst case-a revoked green card and a ban.

Not worth it in the end.

Time passes. All of this is temporary.

Best wishes to you.

I wish you peace in your difficult time.