Newcomer with newcomer question

[charnockp2 0]

Hi.

Been lurking for a while. but my current state of confusion drives me to speak searching for answers!

I have, with my American fiancee, an open K-1 Visa application in progress since late May.

We have a 'wedding' date set for mid-November in New York, and planned that unless the application was somehow processed super fast, it would just be a ceremony by itself without actually signing anything, returning and waiting back home for the application to complete before going back to the US to on the Visa to just quietly sign the papers in the County Office.

Would it not be possible to cancel the application, marry properly in November whilst on the waiver visa, applying then for Adjustment of Status to stay?

I had been under the impression that doing so was illegal, but now I wonder if that's only true if the marriage was fraudulent?

Please help!

[Harsh_77 718]

Entering on Visa wavier getting married and filing for AOS would be illegal as when you entered you have full intent of doing an AOS.

[charnockp2 0]

Entering on Visa wavier getting married and filing for AOS would be illegal as when you entered you have full intent of doing an AOS.

Thanks! I came across a website which said that if you did as I've just stated, both parties would be punished as it's fraud to marry just for the purposes of becoming a US citizen - I had interpreted it that it only applied to like, people who paid money to have an American agree to marry them so they could live in the US - fraud, and not to genuine couples.

[jingo 38]

Its about the intent with which you enter the country and if you enter under VWP, its implied its a short visit so if you actually plan on staying then that would mean lying to the customs officer and hence being fraudulent.

November seems a tad too early if you only applied in May.

Good luck though!

[mugumogu 18]

The funny thing is that if you came here & got married after meeting someone, that is not illegal so long as that wasn't your intention. Now that you have filed the K-1, it's clear what your intentions were so you can no longer go back and say you never intended to get married. I would say it's best to continue on with the K-1.

Edited August 15, 2011 by mugumogu

[charnockp2 0]

Ha, that's amazing!

Figure we will just continue as we are then, seems like the best bet even though it likely won't be done by November, we'll just have a unofficial ceremony type thing with family and then I'll go home and wait for it to complete.

Am I right in thinking that another viable option would be to cancel the K-1, marry properly in November on the VWP, but then go home again and apply for a K-3?

[K&E2009 71]

Ha, that's amazing!

Figure we will just continue as we are then, seems like the best bet even though it likely won't be done by November, we'll just have a unofficial ceremony type thing with family and then I'll go home and wait for it to complete.

Am I right in thinking that another viable option would be to cancel the K-1, marry properly in November on the VWP, but then go home again and apply for a K-3?

Ya, it's mad, isn't it!

I have a friend who went to the states on holiday, met a girl got married and stayed. Now has a green card! How is this possible... BECAUSE it wasn't his intent to marry! His intent was a holiday and he just so happened to fall in love and get hitched.

Since you are on their computers, your fiancee is on their, they have already started background checking her, they KNOW your intentions are to EVENTUALLY marry this person..... I'd be almost certain that you wouldn't get away with it.

As for the K-3... it takes as long as OR Longer than the K-1. Even when you get it you still have to go through all the Adjustment of Status. Nobody goes that route anymore due to the waiting times and hassle once approved. Most married people go for the IR-1/CR-1.

I would advise you to stick with the K-1. You applied in May, ya? Hopefully you will be approved soon. DON'T cancel it now.

The IR-1/CR-1 take 8-10 months. The last few months would have been for nothing!

Stick with the K-1.

[KayDeeCee 4,893]

Ha, that's amazing!

Figure we will just continue as we are then, seems like the best bet even though it likely won't be done by November, we'll just have a unofficial ceremony type thing with family and then I'll go home and wait for it to complete.

Am I right in thinking that another viable option would be to cancel the K-1, marry properly in November on the VWP, but then go home again and apply for a K-3?

It is a viable option to cancel the K-1, get married in Nov. like you wanted to, go back home and file for the IR-1/CR-1 spousal visa, not the K-3. You will have to wait for that one too, but can still visit while waiting. Also, you won't have to worry about AOS if you go that route, and will get your green card and be able to work right after you arrive.