K1 fiancè visa

[Max1gk 68]

pollina,

I'm Italian as well and a K-1 visa beneficiary and almost at the final stage of the process. I agree 100% with Harpa who together with Just Bob and few others on VJ, has the rare gift of common sense, and I also agree with kzielinski and San Diego. I know first-hand how annoying all this process is and suggesting you to follow the same route is nonsense given the fact that you had no immigration intent when you got in the US and you're not even on the VWP. You entered with a Visa..and that makes a difference in terms of AOS.

The alternative of coming back to Italy and wait till the next ice age to get your eventual K-1 or CR-1 It's going to be a waste of money,time and energies,compared to get married there in the states and file for AOS BEFORE your visa expires. You will of course be called for an interview,from which you don't have nothing to be afraid of since your marriage will be real and as you have been told you had no intent to stay when you arrived. USCIS's goal is to stop fraudsters and cheaters who want to sneak around the system,that's not your case..simple.

Edited August 4, 2011 by Max1gk

[HS2 7]

This will not be the first time nor the last one when someone shows up on a visitor visa and AOS takes place. Not everyone shows up in the US with the intention to stay. Some come to see their boyfriends and find it hard to be apart again and some come to break it off.

I know someone who came to visit their gf awhile back and something clicked ( maybe it was the right time and the right place) and they decided to adjust status in here and got married. No problems whatsoever through out the process and now they are in the Naturalization stage and have been happily married with a couple of kids

The option is there if it feel right to get married to your boyfriend Pollina

Buona Fortuna

[pollina75 0]

Well ,

i really have to thank you all for the kind help .

I will talk again with the lawyer in the afternoon cause I already planned a meeting call with her so I will see also her suggestion at this point .

Then i think I will take all the weekend to decide with my boyfriend which way we are ready to go through .

I have to consider also the fact that if i want to get married before the expiry of my stay... ( 24th October ) I have not so much time to organize everything , and i have no idea how long it can take .

I will update the forum after the call with the lawyer !

This will not be the first time nor the last one when someone shows up on a visitor visa and AOS takes place. Not everyone shows up in the US with the intention to stay. Some come to see their boyfriends and find it hard to be apart again and some come to break it off.

I know someone who came to visit their gf awhile back and something clicked ( maybe it was the right time and the right place) and they decided to adjust status in here and got married. No problems whatsoever through out the process and now they are in the Naturalization stage and have been happily married with a couple of kids

The option is there if it feel right to get married to your boyfriend Pollina

Buona Fortuna

Grazie mille !!! :-)

( Thanks )

[san diego 407]

Good luck, Pollina! I would also like to recommend adjusting this status with the attorney. I did K1 with attorney and AOS without. However, since you are adjusting based on marriage and overstaying tourist visa I would probably use attorney (I am assuming this is what you are planning on doing since this is the best choice and the most sane thing to do given that you entered the country without intent to marry) as you may encounter more issues or paperwork (which are totally solvable) than regular adjustment. Otherwise, get married, be happy!

I also want to say to Tim/Mav: this is not the first time you are giving wrong advice just because you feel that everyone else should wait! Not only that this is not nice but also unethical. I recall another thread where I was giving advice to an pregnant OP to expedite it due to financial hardship and you were saying that this is impossible and she should not expedite. You do give a lot of wrong information just because you feel that you have to wait and others don't. You should stop it. I myself waited total of 9 months between NOA1 and visa approval. However, I have no problem with epople expediting things. Apparently, you do. If you do, you can say so, but refrain from giving wrong information.

Edited August 4, 2011 by san diego

[TiklingGuy 211]

I think a lot of people here give advice on K1 because either they are unfamiliar OR because they feel that since they had to wait everyone else has to wait. People that suggest marrying and adjusting status here are absolutely right. Tim/Mav is absolutely wrong on all the points.

Is there a slight possibility that USCIS could prove that she came her with the intent of immigrating on a visitors visa? That answer is yes. Slight possibility. So don't say Tim/Mav is wrong on all points. His two cents are definitely worth taking to consideration.

John

[san diego 407]

Is there a slight possibility that USCIS could prove that she came her with the intent of immigrating on a visitors visa? That answer is yes. Slight possibility. So don't say Tim/Mav is wrong on all points. His two cents are definitely worth taking to consideration.

John

Jhn, there is no such possibility as Pollina came without such intent. USCIS cannot prove it because this did not happen. USCIS are very reasonable people.

[TiklingGuy 211]

Good luck, Pollina! I would also like to recommend adjusting this status with the attorney. I did K1 with attorney and AOS without. However, since you are adjusting based on marriage and overstaying tourist visa I would probably use attorney (I am assuming this is what you are planning on doing since this is the best choice and the most sane thing to do given that you entered the country without intent to marry) as you may encounter more issues or paperwork (which are totally solvable) than regular adjustment. Otherwise, get married, be happy!

I also want to say to Tim/Mav: this is not the first time you are giving wrong advice just because you feel that everyone else should wait! Not only that this is not nice but also unethical. I recall another thread where I was giving advice to an pregnant OP to expedite it due to financial hardship and you were saying that this is impossible and she should not expedite. You do give a lot of wrong information just because you feel that you have to wait and others don't. You should stop it. I myself waited total of 9 months between NOA1 and visa approval. However, I have no problem with epople expediting things. Apparently, you do. If you do, you can say so, but refrain from giving wrong information.

So why are you suggesting her to get an attorney to AOS? if what you are telling her to do is perfectly legal and she will encounter no problems, why does she need an attorney? Just like my previous post, she may have came her with the intent of only visiting her fiancé and she decided to go ahead and marry and file for AOS, then all is well. But USCIS could try and pull a " you came here on a visitors visa with the intent of immigrating" out of their #######. Then what is she going to do. Tim/Mav was not giving wrong advice, and you are only assuming that he said for her to leave when her visa expires because " he wants everyone to wait because he had to". Your speculating 619. That's not cool.

[TiklingGuy 211]

Jhn, there is no such possibility as Pollina came without such intent. USCIS cannot prove it because this did not happen. USCIS are very reasonable people.

I agree, that she came her without the intent of immigrating. I hope everything works out great for her. My only argument is, there is a slight possibility, my be even smaller than that, that she may encounter an interviewer who tries to pull that on her. The OP needs hear both sides of the spectrum. A doctor will never guarantee a successful surgery. He is always going to say, " there's a risk". Ultimately the OP needs to be given the best advice, and from what I have read on this thread, everyone has put there two cents in, and that's not wrong.

Edited August 4, 2011 by Dex22

[J and S 38]

I don't mean to step over any boundaries, but also wondering how much you have talked about marriage.

That is certainly something to think about. Are you 100% sure you want to marry him and be with him for the rest of your life? I mean, I know being separated is painful. But, would a rushed marriage and adjusting status be a solution to be together cause of not wanting to be separated? Or is it to spend the rest of your life together? I'm not really looking for a response either. Just playing devil's advocate. An engagement period (whether together or apart) gives one time to reflect on these things.

I'm not judging the relationship. And no offense meant. Just throwing that out there.

[san diego 407]

So why are you suggesting her to get an attorney to AOS? if what you are telling her to do is perfectly legal and she will encounter no problems, why does she need an attorney? Just like my previous post, she may have came her with the intent of only visiting her fiancé and she decided to go ahead and marry and file for AOS, then all is well. But USCIS could try and pull a " you came here on a visitors visa with the intent of immigrating" out of their #######. Then what is she going to do. Tim/Mav was not giving wrong advice, and you are only assuming that he said for her to leave when her visa expires because " he wants everyone to wait because he had to". Your speculating 619. That's not cool.

I am recommending lawyer due to larger load of documentation and more complicated one. There is nothing USCIS can do as OP did come without intent. In this particular case it is on USCIS to prove otherwise.

[pushbrk 12,822]

I'm going to agree with Ryan on this. And disagree with Anh Map for these specific issues that will arrise later if you Marry on a Visitors Visa (when you stated I came really to see my Fiance) and now want to stay. If your Passport shows a Visitors Visa, Holiday, whatever and your true intent was to see your fiance and Marry and looking for a Loop-hole. To the System. RED FLAGS.

While your together get your paperwork together for either a K-1 or a Spousal Visa but you will still have to return to your Country and wait as we all do. You see, your real intent on your Visa was to see your fiance but you marked Visitor/Holiday (never heard of a 6 month Holiday Visa but I don't know everything.) How are you going to explain to USCIS this later? I strongly encourage Ryans advice and get your K-1 Petition going and Do not Attempt what you know is wrong or you would have never have asked "If We Know A Loophole." There is No answer to this but to me and I wish you luck would appear to be Visa Fraud and give your Fiance a big kiss if deported and banned. PLAY IT SAFE. Love Requires Rules and so does the System with USCIS.

I'm courious what Gary and Pushbrk will say. Just my thought.

Good Luck

All the potential problems mentioned above are myths. They do not apply to the OP's circumstances. Marrying and adjusting status while in the USA on a tourist visa is perfectly allowed. Intention upon entry is the only intention questioned. (If even that) In this circumstance intentions clearly changed AFTER entry. Unless the foreigner has a personal pressing need to leave the USA before they can complete AOS or obtain Advance Parole, they can confidently and safely choose the adjustment of status route.

May I respectfully suggest that when more senior members make recommendations, you think to LEARN from them, rather than confuse the new member with false arguments? You don't know as much as you think you do.

Edited August 4, 2011 by pushbrk

[HS2 7]

My friend did not use an attorney when filed AOS. Hiring an attorney if a safe bet not to mess up with the paperwork( and even that is not a guarantee) for people that are not familiar with the process and/or that get easily intimidated by people who sound like they are giving confident advise using citations of a certain law or rule.

Bottom line is that there are quite a few people in this forum that spend their day trying to intimidate people just for the sake of it.

No one in here is an expert in every aspect of the immigration law otherwise they would not be giving their advise for free. If one feels that they qualify as an expert than i might recommend to sit for the BARR exam and spend the day intimidating people by making money.Intimidation for free is not fun

This forum is to share experiences as support one another through this rough journey.No one should assume the role of the expert unless you really are one and are doing some pro-bono work

[pushbrk 12,822]

I again disagree with this respectfuly. Lets Open that Can Of Worms like USCIS will later. The OP states: I really came to see my Fiance on a separate Visa than a K-1. There are exceptions as to marrying on a separate Visa when there was NO Intent to meet someone and marry here. These cases may require an Attorney just to prove that alone. The Attorney would be putting himself at risk if he/she knew it was not the truth. The Petitioner/Beneficiary would Suffer more so.

Never walk behind a blind man walking his Dog in the park and he's carrying a "Pouper Scouper" USCIS has a sense for smell.

You are just DEAD WRONG on this. Please drop this line of nonsense.

[J and S 38]

lol This is the second time in under a month I've seen the same argument about Adjusting Status w/in the states after being on a different visa.

I think really, the only real worry is for people who've done something illegally (which OP has not done).

The rest is paranoia, and I think there ARE some cases that don't go through because maybe a CO thinks the person came in with an intent to marry. It's not a complete myth. How can it be if the paranoia exists? We see similar things happen in the visa process. Sometimes one out of hundreds of couples will be the one who has a visa denied cause the CO didn't think it was a bonafide relationship, when it in fact was. So who's to say this situation doesn't happen once in a while? Just saying.

But all in all, pretty darn safe to Adjust Status (as long as it's not in San Diego and the person isn't Mexican...it's harder over here.)

[san diego 407]

I agree, that she came her without the intent of immigrating. I hope everything works out great for her. My only argument is, there is a slight possibility, my be even smaller than that, that she may encounter an interviewer who tries to pull that on her. The OP needs hear both sides of the spectrum. A doctor will never guarantee a successful surgery. He is always going to say, " there's a risk". Ultimately the OP needs to be given the best advice, and from what I have read on this thread, everyone has put there two cents in, and that's not wrong.

Everyone has the right to provide information. It can also be incorrect. This is OK if the info is provided in good faith. However, Tim/Mav has a pattern of providing wrong information and for some reason SPECIFICALLY in the threads asking for advice on expediting. This is not speculation but pattern of events.