K-1 "What if" question

[Gary and Alla 3,694]

I don't think it is a good idea. I know that my fiancee (Filipina) would not be able to get a tourist visa if she mentioned her fiance living here. US tourist visas are already hard to obtain in the Philippines. Any intent of her marrying me while on the tourist visa could possibly lead the consulate to believe she had no intent on coming home when her tourist visa expired. It would appear fraudulent.

Okay. I said providing ties didn't I? I am speaking from my situation and realize this isn't an absolute for everyone. Whether I think it is a good idea or not is all I was mentioning because those ties have to be provided. There is nothing wrong with that.

IF they can do it and IF they are not going to live in the US then the tourist visa is the best choice. They may not be able to get one. Pay your nickle and take your chances. If not then they can use the K-1, get married and not file AOS, move out of the country and file for a CR-1/IR-1 at a later time. No harm, no foul.

[TnJ 131]

IF they can do it and IF they are not going to live in the US then the tourist visa is the best choice. They may not be able to get one. Pay your nickle and take your chances. If not then they can use the K-1, get married and not file AOS, move out of the country and file for a CR-1/IR-1 at a later time. No harm, no foul.

Ah, I see.

[Harpa Timsah 13,258]

Almost none of this is correct but sounds very biased and judgemental.

She can arrive on a K-1 get married within 90 days, and STAY AS LONG AS SHE LIKES and she will NOT be illegal. She cannot work and cannot leave and return but she will NOT be illegal. She will be "out of status" and that is NOT the same as illegal. There is NO particular time period in which to file AOS.

She will NOT need to leave within 90 days. Period.

She can come, get married within 90 days, stay as long as she likes...10 years, 20 years, move back to Mexico and at ANY FUTURE DATE her husband can petition her with an I-130, through the US consulate if they have been in Mexico more than 90 days. As long as she arrived legally, and gets married within the 90 days she can stay as long as they like without AOS

Harpa, you do not have to like it, but them's the rules.

No, if they never adjusted status and left, the person would have a ban. It has happened to some people in this forum who never adjusted status and had to leave and now have to deal with a ban waiver for their I-130.

You are right there is no particular time period to file AOS, and all will be forgiven when the AOS is approved. But, if that process is not completed, everything I said is true.

I am not trying to make it overly scary with the use of the word illegal. Out of status is illegal presence.

I am not angry about the rules (where do you get the picture that I am angry in any way?). The fact is if the OP's fiance overstayed her K-1 and never filed for AOS, she would not be allowed back without a ban waiver (if she stayed 180 days past K-1).

A K-1 is a nonimmigrant visa and overstaying it is the same as overstaying any other visa. Marriage by itself does not offer any immigration benefit.

Edited September 17, 2012 by Harpa Timsah

[Gary and Alla 3,694]

No, if they never adjusted status and left, the person would have a ban. It has happened to some people in this forum who never adjusted status and had to leave and now have to deal with a ban waiver for their I-130.

You are right there is no particular time period to file AOS, and all will be forgiven when the AOS is approved. But, if that process is not completed, everything I said is true.

I am not trying to make it overly scary with the use of the word illegal. Out of status is illegal presence.

I am not angry about the rules (where do you get the picture that I am angry in any way?). The fact is if the OP's fiance overstayed her K-1 and never filed for AOS, she would not be allowed back without a ban waiver (if she stayed 180 days past K-1).

A K-1 is a nonimmigrant visa and overstaying it is the same as overstaying any other visa. Marriage by itself does not offer any immigration benefit.

Please define "overstaying" a K-1 visa. K-1s are cancelled upon entry. You get an I-94 that requires you get married within 90 days. At what point, exactly, do you incur a ban for not filing AOS? IF they get married within 90 days. Link to anyone who had a ban for not filing AOS and leaving after entry on K-1 visa AND getting married within 90 days.

[Boiler 46,247]

I have seen many.

After 90 days you start accruing illegal presence.

[bigdog 377]

Figure out what you want to do with your life together, if it is in the USA follow the rules. If you want to get married in a foreign country and live their do that. If you decide to move back to the US then apply and do so. Sometimes you just can't have your cake and eat it too, under the rules of immigration. Good Luck what ever you do. Have fun exploring your options.

[hamigirl710 112]

Well, marrying in the US isn't important. I guess we were just thinking, or assuming, that it may be easier in the future to adjust status if we had already gotten the k-1 and were married here. And also we were thinking, well, if she does come here and absolutely falls in love with being here and the idea of living here, we would have the right visa and so forth....I really appreciate the responses and advice! Todd, so I guess she shouldn't mention in her b-2 interview that her fiance is here? :-)

It is very difficult for a Mexican citizen to get a tourist visa. She is going to have to prove ties to her country and convince them she plans to return to Mexico. This is not an easy task.

[Boiler 46,247]

Mexicans are issued more visitor visa's than the next 2 India and China combined.

[beejay 125]

If a couple would like to marry in the US there is nothing wrong in entering on a K-1 visa, getting married and leaving. It is the norm to adjust status on the K-1 but you don't have to.