should i apply for K-1 visa?

[coffeebean224 0]

Hi, i'm new here!

i'm a Hong Kong citizen and my fiancee is a US citizen who lives in New York. We're together for 4.5 years. The first year we were both in New York. i moved back to Hong Kong to work in 2007 while he stayed in New York. 3 years of long-distance relationship is hard but we worked it out and kept it strong!

we're engaged in March this year when he came to HK and proposed to me. we plan to marry in Jan next year

i entered the US with my F-1 (student) visa in 2001 for college. after my student visa expired in 2006, i had a year of OPT (optional practical training) that allowed me to work in new york legally for a year before moving back to Hong Kong in 2007.

i applied for the travel visa to re-enter the US for vacation in 2008 and this visa won't expire until 2018! i've visited my boyfriend in 2008, 2009 and 2010 summer. (i just came back to HK for 3 days)

so now i'm wondering if i should go to NY in Jan with my travel visa, get married, and apply for the green card. OR should i apply for the K-1 visa now and prevent all the dishonest situations? (i.e telling the immigration that i'm just visiting...)

i guess applying for the K-1 visa should be the right and legal thing to do. but it sounds quite troublesome/ time consuming when there's an interview that requires me to show all the proofs of our relationship, financial statuses and everything while i can actually enter the US easily with my current visa...

please let me know what you think or if you had any similar experience! thanks sooooo much!!

[payxibka 10,045]

nobody here will advise you to do anything but the HONEST way....

moving thread to general discussion forum

[Becky&Steven 1]

do it the right way. do you really want to take chances and possibly screw up your lives together? silly gamble for something so serious.

[Wyld Blu 35]

The consequence for you committing visa fraud (which is what you are suggesting), is a possible lifetime ban for you, from the USA. Only you can determine if the chance of being caught is worth it. A K1 or CR1 visa DOES take time and money, but it is the legal way and you won't risk a ban. Nobody here will recommend this. We have all waited a long time to be with our loved ones and yes it is a pain in the a$$, but for most of us, the risk of losing it all just isn't worth it.

-Blu-

[Kathryn41 3,205]

hi coffeebean224,

As has been mentioned, using a visitor's visa to enter the US with the intention of getting married and applying for a greencard from within the US is considered visa fraud - using a visa issued for one purpose for a totally different purpose in order to avoid the proper immigration process - and carries a significant consequence - up to a life time ban on ever being allowed in the US depending on the degree of misrepresentation involved. US immigration takes misrepresentation very, very seriously. While you are just looking right now at your arrival to the US, you have to realize that that is only the start of the immigration process - that there are a number of other steps that have to happen after you arrive and if you commit fraud on any one of them, that fraud is going to be exacerbated on each additional step, compounding the offense until you are caught, deported and banned from ever returning to the US even as a visitor.

You are lucky. You have an existing visitor's visa that you can use to visit the US. Many fiancees do not have this option and all of the travel is only one way - from the US to their countries. You have been in this relationship so long already, why risk compromising your future together now? Pursue the correct visa process - either a K-1 for now or a CR-1 if you wish to get married first. In each case, you should be able to visit the US during the immigration process as long as you are able to bring evidence of your 'ties' back home while you are waiting. Ties include proof of employment, proof of a place to live, proof of financial commitments that require your attention back home, as well as a return ticket. Even carrying a copy of your visa application and correspondence helps to show your intention is to pursue the correct and legal immigration process and reassure the border authorities that you are not an immigration risk.

The K-1 interview is only the first of several interviews you can face - each additional step also carries the possibility of an interview as well as much more paperwork. So, yes, while it can be intimidating because you know they have control over how your relationship is going to continue, it is one of those circumstances that you need to go through. It sounds like you have lots of evidence to satisfy the K-1 and there doesn't seem to be any red flags that I can see that would cause you a denial, so think of it as necessary short term pain for long term gain. After all, what is a few more months and some paperwork when the end objective is a life time of happiness with the one you love?

Edited July 18, 2010 by Kathryn41

[tokyo.lovers 6]

lots of people do the tourist visa marraige thing and have no problems.

there is a SMALL risk that they could deny you based on fraud at your entrance to the country.

but it's a calculated risk. you could just marry now and do the cr1 and it would be the same amount of time and cheaper than doing k1.

good luck.

[coffeebean224 0]

Thanks soooo much guys! i really appreciate it. it's true that the forever happiness we'll share is worth taking some time and money. i was just lazy and being short sighted...

I'll start preparing for the K-1 application with my fiancee now!

THANKS AGAIN!!! wish you and your loved ones all the best!!

[Married2009 32]

Thanks soooo much guys! i really appreciate it. it's true that the forever happiness we'll share is worth taking some time and money. i was just lazy and being short sighted...

I'll start preparing for the K-1 application with my fiancee now!

THANKS AGAIN!!! wish you and your loved ones all the best!!

Good luck! I think you made a wise decision. None of us wanted to wait, but it IS worth it. And now, you have a place to vent, and everyone who reads your post will know exactly what you are talking about! This is a great place for encouragement, and sympathy, as well as knowledge!