Why the advice against K1?

[Liz&Nate 23]

I did get an email from one of the former immigration firms today that I found strange. Basically it stated that the only requirement for AOS is to have been admitted by an USCIS officer and to give him a fair chance of inspection, regardless of the visa I used to enter the US. First off, I am not sure if a CBP officer would qualify as a "USCIS" one. The email (which was in reply to one I sent regarding K-1 visas) also stated that so long as I wasn't asked about my intentions, I wouldn't be lying about them. Third, that if I got married after 90 days, I would hardly arise any suspicion and would breeze through the process. The lawyer in question wished me the best but said he was "saddened that I had decided to take the hard road".

I guess doing what's right isn't always easy. Doing what's easy isn't always right.

[Little_My 464]

Humm.. that sounds like one crappy lawyer to me. It almost seems like advice that could get this person disbarred. The only requirement for AOS most definitely is not to be admitted (if it was, US would have quite a lot more non-immigrants and tourist AOSing away). I am personally not that familiar with K-1, but do now that entering with a tourist visa with obvious intent to marry is a risk I'd never take personally. And though he is technically true in saying that "if you are not asked, you are not lying", that will make no difference to the USCIS officer doing your interview and asking you why you entered with a tourist visa when you had a boyfriend / fiance here and then got married very soon after. It would be misrepresentation, without a doubt, and as the others have said, could lead to a very long if not a lifetime ban.

You are definitely right to get rid of this lawyer and fast. And I think you two should feel comfortable and happy about K1 route and just look forward to being able to spend your lives together without having to worry. It will be well worth the wait.

[JimVaPhuong 4,863]

I did get an email from one of the former immigration firms today that I found strange. Basically it stated that the only requirement for AOS is to have been admitted by an USCIS officer and to give him a fair chance of inspection, regardless of the visa I used to enter the US. First off, I am not sure if a CBP officer would qualify as a "USCIS" one. The email (which was in reply to one I sent regarding K-1 visas) also stated that so long as I wasn't asked about my intentions, I wouldn't be lying about them. Third, that if I got married after 90 days, I would hardly arise any suspicion and would breeze through the process. The lawyer in question wished me the best but said he was "saddened that I had decided to take the hard road".

I guess doing what's right isn't always easy. Doing what's easy isn't always right.

Ask this attorney, or any other attorney who recommends you use a B2 visa to marry and get a green card, what would happen if the CBP officer DID ask about your reasons for visiting America (probably the most common question they ask), and you answered the question honestly.

CBP Officer: What is the purpose of your visit to the US?

You: I'm coming to get married, and then I'm going to apply for a green card.

CBP Officer: You mean you're going to get married and then go home and apply for a spousal visa, right?

You: No, I'm just going to stay with my new spouse in the US and apply for a green card.

The lawyer will say you will be denied entry if you tell the CBP officer this. The next question for the attorney is why you would be denied entry. He'll say because you aren't allowed to enter the US with a non-immigrant visa if you have the intention of immigrating.

The obvious response is "Why the heck are you recommending that I do something that you KNOW is NOT ALLOWED???"

If you're really feeling mischievous then you can offer to forward his email to the American Bar Association.

[SMR 368]

Immigration lawyers can be unscrupulous because they only make the big bucks if your case becomes complicated and you have the money to pay for them to help you out of the complications. Even if you do decide to retain the services of a lawyer for straightforward K1 and AOS (and I don't recommend this), they'll probably get $1k or so. After their costs, that really isn't very much. Basically, they are hoping you get screwed over so they can make bank filing waivers, appearing before immigration judges and generally do busy work to get you out of the pickle they got you in. Now, it's certainly possible to get away with marriage on a tourist visa. I know quite a few people who have done it. But that doesn't mean there isn't a significant risk or that it isn't illegal.

Also, it's not true that if you aren't asked about your intentions it isn't fraud. As a person attempting to enter the US, you are responsible for understanding the visa types and what they are used for and acquiring the correct type of visa. By attempting to enter on a B1/B2 visa, you are implicitly declaring that your intentions are non-immigrant and match the visa type you have. While the officer may ask questions to clarify that you understand this and are being honest, you are actually responsible for understanding this and acting accordingly. Basically, whether or not they ask you the deciding factor of whether or not it is fraud is whether or not you were planning to get married and remain when you entered the country. The following situations are technically not fraudulent but increasingly difficult to swing in front of an immigration judge:

--you enter with tourist intentions. You meet a USC, fall in love and decide to get married and live happily ever after.

--You have a USC acquaintance/friend/romantic interest and decide to come and visit. You realize that things are really serious and decide to get married and stay.

--You have a fiance(e) that you are planning to marry later that you come to visit. You change plans after entry and get married right away and decide to stay.

--You are planning to come and marry your fiance(e) in the US and then leave and apply for CR-1. After entry, you change your mind and decide to stay in the US and do AOS.

While some of these situations are somewhat implausible and difficult to sell to a judge, as long as they are a genuine representation of what happened, they are not technically fraud.

[ER Team :) 5]

Don't get me started on using lawyers... If I could turn back time and not use our lawyer, I would have done it in a heart beat! It's much easier than it looks like, and your case seems pretty straight forward...I honestly think you guys could do it yourselves- you have all those great resources on VJ, and will always get advice from its members.

If you do use the lawyer - always double ask questions and always double check everything yourself - for the lawyers it's just some easy money, and they tend to forget to do a decent work while on the job... Good luck and welcome to VJ!

[Arabella 4]

Thanks for all the replies! What a wonderful resource this place is!

I don't understand how the case is "muddy". I am not in the US at the moment. I do have a B1/B2/BCC card that I've had for many years (it's a ten year card), which I have used to visit my fiance on day trips, always declaring I was visiting my (then) boyfriend to the CBP officer. So far I don't think we have anything to hide. We did make wedding plans, but as I am not intending to follow through with them now that I've become aware of the risks, I wouldn't understand how they would factor into the process. If there is anything I am missing, I would be very grateful if you'd let me know.

We have retained the services of a competent lawyer and will follow his advice.

I disagree with the reply that you need a lawyer. My husband is Canadian and we went the K1 route without any help from a lawyer. Our case had a little bit of mud (I am 9 years older and divorced with kids), but we were able to do it all without legal help.

I just wanted to add that I really, really enjoyed the VISA process. I know that sounds crazy, but I loved gathering the evidence, completing the forms, the anticipation of the interview, going to the interview, getting approved, the anticipation of him moving here, planning the wedding, and then filing for the green card.

I am proud that we did everything the proper way, and I know we have nothing to hide from USCIS. The whole process gave us time to make sure this was what we really wanted. My husband left his country to be with me, and I know that during the process if he wanted to change his mind he could have (since we had so much time and did not rush into getting married).

Enjoy your time courting, filling out the forms and getting her over here. It is a frustrating but meaningful experience.

Good luck!

[iampatricias 17]

The lawyer in question wished me the best but said he was "saddened that I had decided to take the hard road".

He was sad? Really?? Deep down in his very heart, no doubt...

[ER Team :) 5]

He was sad? Really?? Deep down in his very heart, no doubt...

Deep down in his pocket/wallet/bank account! No doubt that!

[Liz&Nate 23]

I disagree with the reply that you need a lawyer. My husband is Canadian and we went the K1 route without any help from a lawyer. Our case had a little bit of mud (I am 9 years older and divorced with kids), but we were able to do it all without legal help.

I just wanted to add that I really, really enjoyed the VISA process. I know that sounds crazy, but I loved gathering the evidence, completing the forms, the anticipation of the interview, going to the interview, getting approved, the anticipation of him moving here, planning the wedding, and then filing for the green card.

I am proud that we did everything the proper way, and I know we have nothing to hide from USCIS. The whole process gave us time to make sure this was what we really wanted. My husband left his country to be with me, and I know that during the process if he wanted to change his mind he could have (since we had so much time and did not rush into getting married).

Enjoy your time courting, filling out the forms and getting her over here. It is a frustrating but meaningful experience.

Good luck!

This is very much the way I feel about it. My fiance and I have been together for a long enough time that we know we want to spend the rest of our lives together, but I feel this experience will bond us closer together. We will have earned our right to be together at the end of it. Like you say, I want to have the certainty that I have nothing to hide from the USCIS.

As for lawyers, I am already weary of them. I realize now how naive of me it was to think that they would point out the correct way to do things. For us, this is our lives. For them it's just another paycheck. Right now my fiance feels like he needs to be guided through filling out the forms correctly and filing the right way. I understand this, but I still advice him to double check what he's told.

I might actually feel more excited about filing this week than I did about planning the wedding. Before, I had this nagging feeling that something wasn't right. Now I feel that so long as we are smart and thorough everything should be okay.

[slider100 8]

I had a 10 year B1/B2 visa but we applied for a K-1 visa in order for me to come to the US and marry. When they printed the K-1 in passport, they chalked off my B1/B2 and they wrote "Cancelled without Prejudice".

The reason we waited about 6-8 months for a K-1 was because entering the US on a B1/B2 for the purpose of marriage is considered visa fraud, and if convicted, may lead to a permanent ban.

It seems like you have applied for a K-1 and believe you me, it is the right things to do!

I wish you a speedy journey!

KnR aka slider100

[Barbara J 115]

Hello VJ'ers!

I recently got engaged to a USC I have been dating for almost a year and a half. We are thrilled. The first question that came up, since I am a Mexican national, was about the fastest legal way to get married. We have been through 3 lawyers so far. The first two didn't even mention the K1 visa. We were advised to use my B1/B2, wait at least 30 days, get married and then wait two months before AOS'ing. The third one mentioned the K1 but only in passing, saying that it was strictly for people who were unable to procure a B1/B2 and therefore had no way to get into the country.

We had already made wedding plans, but something didn't quite add up for me. Since the last thing I wanted to do was get my fiance into trouble I started researching on my own. I came across VJ a couple of days ago. That was when I realized that the K1 appears to be the one option to legally enter the country with intent to get married.

Now, I am being criticized by friends and relatives because I talked my fiance into this process. I am being told I am daft, because AOS'ing from B1/B2 is supposed to be so easy. All I know is that I don't want to jeopardize our chances at being together just to get ahead a few months.

My question is, why does there seem to be so much advice against going through the legal process of getting a K1? Is it really that easy to AOS from b1/b2? Am I making too much of a big deal out of it? I don't think so, but I would appreciate your opinions very much.

We didn't use a lawyer either and I had just been divorced and my now husband had 3 divorces behind him and it went along ok, we were approved in 3 months . It was plain sailing really even though at my interview they had lost one of his decrees and we had to scramble to get it to them lol so I could get here for my wedding because till then everything was fine and we had 1 rfe and I sent them what they wanted over night and it did not hold things up at all. But I am glad you are going the legal route as so many try to rort the system and that just makes it hard for all those trying to come here the legal way. SO Kudos to you and good luck

[joe_robin66 6]

You sound like a very smart girl with a good head on your shoulders. You both can get through this with ease. Getting on VJ is the best thing you could have done. You will get the best advice possible here and its FREE! Whether you need to see sample forms, to see timelines, or just to vent about being far apart from your fiance, this is the place to be!

It will definitely be a bonding experience for the two of you, and it'll help you appreciate your lives together even more than you do now. It can be very hard to be apart for so long, as I'm sure you are already aware, but once you get through immigration, you can face anything, and you can face it together.

Good luck to you and your fiance, I hope you have a smooth immigration journey together, and an even better life together!!

Robin

[Liz&Nate 23]

In developing news, the immigration lawyer my fiance consulted before filing the I-129f told him that it would be around a year to get a K1 since the USCIS is currently processing requests made in June last year. Is this true? I might have to consult the Mexico board, but it seems exaggerated.

[Daniel&Theary 30]

I was married to a Mexican girl with a tourist visa. 3 moths after we filed for residency, process took less then 6 months the only thing they asked us in interview was if we intended to marry before. Since we married in Vegas we told them no it was a spur of the moment thing and had no problems. They only want to make sure that if you marry you did not come to the states with that intent it was decided after you got here. To bad my ex only wanted residency and she filed for divorce 2 years later but thats life I guess. Daniel

Edited March 15, 2011 by Daniel&Theary

[Daniel&Theary 30]

I was married to a Mexican girl with a tourist visa. 3 moths after we filed for residency, process took less then 6 months the only thing they asked us in interview was if we intended to marry before. Since we married in Vegas we told them no it was a spur of the moment thing and had no problems. They only want to make sure that if you marry you did not come to the states with that intent it was decided after you got here. To bad my ex only wanted residency and she filed for divorce 2 years later but thats life I guess. Daniel

I guess i should add that we did not plan on the marriage before and I would not advise doing it that way if you have plans to marry already.