WVP Entry vs K-1 Entry

[nzfiona 1]

Hi all,

Good to see that there is such a widely-used forum-based website for people wanting to immigrate to the US. Lots of information.

Now, my situation. I am a NZ citizen resident in Australia, engaged to a lovely man whom I met online a year ago. I travelled to his home in the US for two weeks in November 2012 and we found out we were indeed in love, and knew we wanted to spend out lives together. I met his extended family and they were all so happy that he had met someone with whom he wanted to spend the rest of his life.

Thing is, I know I can visit him easily enough again as I will go under the Visa Waiver Program, just as I did last year - it expires late 2014. However we both want my next trip to be the one where I stay with him, as we hate this distance and not being able to be together. He proposed to me (via writing) just over a week ago, and even posted his proposal on the online community where we met. Yes, it was terribly romantic and I am so happy.

So, we are engaged, so we clearly intend to marry at some point. However, would it be wise to apply for the K-1 visa instead of going on the already-obtained WVP approval? I know that there are many cases of people going on the WVP to the US and marrying their loved one, and it being okay, because it all 'appears' to be a situation of intending to return to one's own country but finding out they wish to stay together hence the marriage. In our case, we want me to stay, although if I had to leave or was turned away I certainly would obey that ruling. And I definitely do not want to tell US Immigration lies as that will only start off things that can in no way be good.

The other issue is that if my fiance applies for the K-1 to get me over to the US, and by all accounts there is no reason why it ought to take too long (although that is not the issue at hand), he is not employed. Will this be a problem? Once we ARE married I will be looking for work, but he has a disability that means he cannot work. It is unfortunate, but there it is. If not being employed means he cannot apply, then what is the best way for me to get to him so we can start our lives together? I should add that because of his disability he cannot come here to Australia due to the strict health regulations, so I must go to him.

Thank you for any advice you can give.

Edited January 19, 2013 by nzfiona

[aws&ndd 103]

First of all, you can marry here in the US no matter what visa you use to come here. The problem comes when you try to adjust status to stay. The best route for you would be the K-1 route because once you come here you can just stay and adjust status. If you come here on a non-immigrant visa, you will have to file a spousal visa (CR-1) after your marriage and you will have to return to your home country until you have your spousal visa in hand.

Being unemployed isn't the obstacle, your fiance will just need to find a co-sponsor that can support you.

[scotinmass 588]

Someone started an almost identical thread and it was closed because they (and apparently you) were asking for advice on visa fraud. Entering the US on the VWP with intent to marry is fraud.

Other thread

[nzfiona 1]

Oh.

I assure you I am not asking how to enter the US on fraudulent terms, I want to avoid that.

That's why I asked for advice. If you read my post I say I want to be honest.

[scotinmass 588]

Oh.

I assure you I am not asking how to enter the US on fraudulent terms, I want to avoid that.

That's why I asked for advice. If you read my post I say I want to be honest.

Well K1 is the honest way.

[nzfiona 1]

First of all, you can marry here in the US no matter what visa you use to come here. The problem comes when you try to adjust status to stay. The best route for you would be the K-1 route because once you come here you can just stay and adjust status. If you come here on a non-immigrant visa, you will have to file a spousal visa (CR-1) after your marriage and you will have to return to your home country until you have your spousal visa in hand.

Being unemployed isn't the obstacle, your fiance will just need to find a co-sponsor that can support you.

I see.

It's all so confusing and it is so stressful. Although re the co-sponsoring, my fiancé's family would be able to act, I guess.

I will have to rethink this. At times it feels as if my fiancé and I will never be together, and that upsets us both greatly.

[nzfiona 1]

Well K1 is the honest way.

That is what I feel, too.

[scotinmass 588]

I see.

It's all so confusing and it is so stressful. Although re the co-sponsoring, my fiancé's family would be able to act, I guess.

I will have to rethink this. At times it feels as if my fiancé and I will never be together, and that upsets us both greatly.

It feels like that for everyone at times. It is a long and expensive process. Being unemployed won't help but if your fiance has a family member who is willing to co-sponsor the affidavit of support it's not impossible.

If you are meant to be together then don't give up.

[scotinmass 588]

That is what I feel, too.

Do everything the correct and legal way. Just because other people seem to do it illegally and get away with it doesn't mean it's worth the risk. You could be looking at a lifetime ban if you are caught breaking the rules.

Good luck!

[Xanax 349]

Do everything the correct and legal way. Just because other people seem to do it illegally and get away with it doesn't mean it's worth the risk. You could be looking at a lifetime ban if you are caught breaking the rules.

Good luck!

NO, not a lifetime ban. What would she possibly be getting a life time ban from...

OP, does your fiance get disability? That might be enough of an income , though I do think a co-sponsor is the right way to go.

Alternatively you could marry and then return to Australia and file for the CR-1 which means when you enter the US with said visa you will be able to look for work right away and you will have your greencard without having to adjust your status as with the K-1.

Of course, you may also attempt to use the VWP while your CR-1 or K-1 is pending.

Oh, P.S what is your partners disability if I may ask? My husband and I have not heard of any restrictions for spouses in moving to Australia.

[Villanelle 4,122]

A few things-

You can either use the K1 or the CR1 spousal visa. You can not come on the VWP and get married and stay. While it does happen- someone is here visiting and they 'spontaneously' get married, this does not apply in your situation. Your fiance already proposed. He posted it on a public online community. You posted it publicly here. You both would have to commit multiple acts of fraud, in which there is physical evidence in existence that could bust you. (And yes, the evidence can easily be discovered and it will)

So shift your focus from the VWP and focus on actual solutions to your situation. Start with the guides at the top of the page and see whether the K1 or the CR1 is more appropriate.

With either one you will need the 864 for AOS. Disability (SS) income does count as income. However SSI does not count. You need to find out which he gets. They can also count assets in lieu of income, so if he owns a home outright, that can make up for it. You can also secure a co-sponsor if he does not qualify.

[nzfiona 1]

Thank you. The more I think about it, the more a K-1 application makes sense. I will also look into how long such a visa will take, as that will impact on our planning, of course.

Everyone's advice is much appreciated.

[Cathi 5,784]

First of all, you can marry here in the US no matter what visa you use to come here. The problem comes when you try to adjust status to stay. The best route for you would be the K-1 route because once you come here you can just stay and adjust status. If you come here on a non-immigrant visa, you will have to file a spousal visa (CR-1) after your marriage and you will have to return to your home country until you have your spousal visa in hand.

Being unemployed isn't the obstacle, your fiance will just need to find a co-sponsor that can support you.

[Cathi 5,784]

Just be aware that if you go the K-1 route you are required to marry within 90 days of your entering the country. Good luck!

[bigdog 376]

Just be aware that if you go the K-1 route you are required to marry within 90 days of your entering the country. Good luck!

:thumbs:Pretty easy to do, file and wait 7 months or so till the process is completed and you get your visa. Both of you review the K1 guides and WIKI as well as USCIS direct. Good Luck.