K1 visa not filed, but wedding soon??

[kennym 275]

I was told that my UK fiance can come to the US under Visa Waiver program and get married. After we get married, we can apply for AOS and he would be able to stay in the US during the process.

Following that Advise will get you in serious trouble. Comming in as a tourist with intent to immigrate is lying and is considered visa fraud.. You will be risking a permanent ban from the US and serious trouble...

If you filed for a K1, it is a fiance visa, not a spouse visa, so if you get married, K1 Visa Petition will be abandoned and you'll need to re-apply for a CR1 Visa... The bottom line is, whoever gave that advise, gave you bad advise...

[Lavendar 0]

Thanks everyone for the info. All the links have been helpful as well.

Now when he needs to show strong ties to the UK... what does that mean exactly?

All his family is still over in UK, is that strong ties?

Or you mean he needs to show that he is still employed there and have plans to go back to work after the marriage?

In this case, how will he show that?

Also, the plan for residence card for UK is because of the botch up, I'm worried US will ban him from immigrating here. But I guess that wouldn't be a problem as long as he leaves after marriage and I apply for the I-130 and just forget about doing the K-1 because there isn't enough time.

Edited May 29, 2011 by Lavendar

[JoannaV 174]

Or you mean he needs to show that he is still employed there and have plans to go back to work after the marriage?

In this case, how will he show that?

Indeed, if he keeps his job then a letter from his employer could be good proof. Honestly, it's all hit and miss. He may not need to provide any proof at all. But it's good to have some just in case. Also, once you have started the visa process he can use that as evidence he is planning to do everything the legal way.

Your other option would be to apply for the K1 right now. You won't get it in time for your wedding. However, you could have a ceremonial wedding without the legal part. Then, once the K1 was issued, he could come over and you could do the legal wedding.

Another option: do the legal wedding asap, if he is going to visit soon. Then, you can start the CR1 process and still have the proper wedding later in the year.

Either way, you're going to have to spend a few months apart if you do everything legally.

[Lavendar 0]

Another option: do the legal wedding asap, if he is going to visit soon. Then, you can start the CR1 process and still have the proper wedding later in the year.

Either way, you're going to have to spend a few months apart if you do everything legally.

This is an interesting idea. There was no plans for him to come over until the wedding, but I shall discuss this and see.

Also... this is probably false information again... because apparently the person that's been telling me all this have been wrong thus far...

This person states that while applying for the I-130 after we get married, he can remain in the states if he pays the USCIS extra $3,000 or something and opt to do the interview locally...

[Eric-Pris 1,606]

Also... this is probably false information again... because apparently the person that's been telling me all this have been wrong thus far...

This person states that while applying for the I-130 after we get married, he can remain in the states if he pays the USCIS extra $3,000 or something and opt to do the interview locally...

Sorry, you can't bribe CIS. That person should never give anybody immigration advice again.

At POE, immigration will ask him the purpose of his visit. If he says "to marry my girlfriend", I don't think it matters how strong his ties are, chances are he's not getting in, especially if he gets some a-hole officer.

[Little_My 464]

At POE, when he is asked the purpose if his visit, he can answer "pleasure" and leave it at that. If he was pulled into secondary interview, or if he was asked "do you plan to marry a US citizen while here?", then it becomes a different matter. Not explaining all the details of your visit each time you enter is not misrepresentation nor lying. At this point, since he does not have any intent to stay and AOS in the US, but plans to come here, get married and go back home to UK for the CR-1 process, saying that he is here for a holiday or that it is a pleasure visit, in my opinion, is perfectly fine.

[Ryan H 3,812]

This person states that while applying for the I-130 after we get married, he can remain in the states if he pays the USCIS extra $3,000 or something and opt to do the interview locally...

FALSE, buzzer, 3 strikes

That person needs to stop talking about immigration, they obviously have no clue what they are talking about.

Lavendar, just keep coming here to VJ with your questions; the people here will give you good information.

Edited May 29, 2011 by Ryan H

[Krikit 1,164]

Now when he needs to show strong ties to the UK... what does that mean exactly?

Here is a good link for that info: Visitation FAQ's. It specifically mentions K-1 beneficiaries but it's applicable to all travellers.

Since this has evolved from a K-1 Process discussion I am moving your thread to the General Immigration Discussion. Welcome to VJ.

Edited May 29, 2011 by Krikit

[gyselle 4]

Hi,

I am not sure if this is an option for you..but consider this:

1. Apply for the K1 Visa NOW

2. He flies up to Oct for the wedding, but it is ONLY a ceremonial wedding. Ie, you dont sign any official papers etc.

3. He flies back to UK after the wedding (by which time..K1 should be on its way, he will have the interview etc)

4. Fly back to the USA after he gets the fiance visa and get married in City Hall.

[Helen Louise Pile 80]

This is an interesting idea. There was no plans for him to come over until the wedding, but I shall discuss this and see.

Also... this is probably false information again... because apparently the person that's been telling me all this have been wrong thus far...

This person states that while applying for the I-130 after we get married, he can remain in the states if he pays the USCIS extra $3,000 or something and opt to do the interview locally...

Wow, who on earth is giving you this information? Someone trying to sabotage you??

You can apply for K1 right now and you might not have to wait too long. I applied in May and mypetition was approved in 10 weeks and I had my visa in hand by the 2nd week in October. I just read someone's petition was just approved in 2months here on VJ too. However...there are no guarantees. It could take much longer. Read as much as you can and figure out what's best for you.

Strong ties to the UK can just mean a letter from his employer saying they expect him back at work on whatever date or a lease for a flat etc. I was not asked for any such evidence when I visited, but I had in just in case. When asked at POE, I was honest and said I was visiting my fiance. No further questions were asked.

The whole process will go quicker if you know what to expect and can anticipate the next stage and your fiance can get prepared for it. Spend time reading the guides here, it really is invaluable. Also, read the instructions for all the forms on the USCIS website. Everything is explained there.

Oh...and do NOT listen to your friendly immigration expert. They have given you bad and potentially harmful information thus far.

Best wishes!

Edited May 29, 2011 by Helen Louise Pile

[VanessaTony 3,567]

This is an interesting idea. There was no plans for him to come over until the wedding, but I shall discuss this and see.

Also... this is probably false information again... because apparently the person that's been telling me all this have been wrong thus far...

This person states that while applying for the I-130 after we get married, he can remain in the states if he pays the USCIS extra $3,000 or something and opt to do the interview locally...

Hi,

I am not sure if this is an option for you..but consider this:

1. Apply for the K1 Visa NOW

2. He flies up to Oct for the wedding, but it is ONLY a ceremonial wedding. Ie, you dont sign any official papers etc.

3. He flies back to UK after the wedding (by which time..K1 should be on its way, he will have the interview etc)

4. Fly back to the USA after he gets the fiance visa and get married in City Hall.

Either of the two ideas above are good ones. The only problem with the second choice is USCIS might have issues and not believe you weren't legally married and deny the visa. This has happened to other people before. if you chose the second route I would sign affidavits stating it was not a LEGAL wedding and just for show as the visa wasn't received in time for the planned wedding. It could be more expensive though 'cause then you'd have two flights to pay for.

[Lavendar 0]

It could be more expensive though 'cause then you'd have two flights to pay for.

I think right now, anything I do, there will be 2 trips either way.

Also, while a K1 Visa is being processed, can he enter the USA under VWP? So this way, we can still do the planned wedding, only ceremonial/for show, and not legal yet.

[KayDeeCee 4,893]

I think right now, anything I do, there will be 2 trips either way.

Also, while a K1 Visa is being processed, can he enter the USA under VWP? So this way, we can still do the planned wedding, only ceremonial/for show, and not legal yet.

Yes, the same thing will apply as for the spousal visa, he will need to show strong ties to the UK so they know he will be returning there. It should help to show that you are in the middle of doing things the legal way.

[Krikit 1,164]

Also, while a K1 Visa is being processed, can he enter the USA under VWP?

I see you didn't click on the link to Visitation FAQ's.

So this way, we can still do the planned wedding, only ceremonial/for show, and not legal yet.

If you are getting married by a clergy member you need to discuss the ceremony with them and explain the situation. The minister will need to change the ceremony from a marriage to a blessing as they will consider you married before God if you have the marriage ceremony.

[Lavendar 0]

I see you didn't click on the link to Visitation FAQ's.

Ah, I went and found that section now. I was only looking at the direct link that was provided in earlier post.

If you are getting married by a clergy member you need to discuss the ceremony with them and explain the situation. The minister will need to change the ceremony from a marriage to a blessing as they will consider you married before God if you have the marriage ceremony.

Thanks for the advise. I know I will have to let the officiant know about this when I book him for the event. I haven't even started looking for officiant yet due this more pressing issue.