WVP Entry vs K-1 Entry

[Xanax 349]

Thanks for your PM I will reply!

[mchizek 2]

: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.

7 months if you're lucky. Probably closer to 10. Been waiting almost 6 months for NOA2. 6-7 months from NOA1 to NOA2 seems to be the current average, and then up to a few more months at your local consulate.

[jaycali 415]

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.

I know exactly what you mean. I've been there. This is a very long process and a patience tester. But when a petition is filed, it is processed, and it does lead to a visa.

Clearing up the VWP confusion. Yes, there is such a process as adjustment of status from VWP to LPR based on marriage to a US citizen. There is also a fine line between what's fully legal, and what's very illegal.

When you enter the US as a tourist (VWP or B-2 visa), you agree that your intent is to enter for a short trip, whether for visiting, tourism or business. You agree to this by default. In fact, if you tell the CBP officer on entry that "I intend to get married to my bf and adjust status" the CBP officer is required by law to send you on the next flight home. Why? Because you cannot enter on the VWP if you are not a legitimate tourist, and you are not a legitimate tourist if you intend to immigrate.

So where's the fine line?

It all boils down to intent on entry.

Say you enter the US, planning to visit your boyfriend for 6 weeks. This is a 100% legitimate way to use the VWP. Your intent is to visit, and return home. No problem. The day after you arrive, your boyfriend gets on his knees and pulls out a diamond ring, and suggests you get married soon, and that you stay with him. Rather than having to go home and start a long visa process, the USCIS allows you to remain in the US while the case is handled.

Nothing illegal here. You didn't lie to anyone. You were honest with the CBP when you told them your intent was to stay for 6 weeks and then go home.

Now, why do some users here say this is fraud?

Let's look at a slightly different scenario:

You enter the US, planning to marry your boyfriend and stay in the US while the paperwork is handled. Knowing the CBP will send you home if you tell the truth, you tell the CBP officer "I plan to stay for 6 weeks, then return home." - This lie is material misrepresentation - One of the most serious crimes you can commit in immigration law. In plain English: Fraud. It carries a lifetime ban if caught and proven.

In essence:

- Arrive on the VWP, intending to go home, but deciding after entry to adjust status. LEGAL

- Arrive on the VWP, intending to stay and adjust status, telling the CBP your intentions. DENIED ENTRY, BUT NOT FRAUD

- Arrive on the VWP, intending to stay and adjust status, telling the CBP you intend to go home. ILLEGAL - FRAUD

Edited January 20, 2013 by Jay Jay

[EminTX 131]

Look at the pros and cons of a K-1 versus a spousal visa. On a K-1--you have to wait to have permission to travel and work. On a spousal visa, these happen immediately. Also, the tax situation is a good one. Last year, because we chose the K-1 instead, my tax bill was 3000U$ higher. GGGgggrrrrr........

It is a PITA to marry in my husband's country and takes time. Every country that borders his is the same way. You can get around the delays, but even that takes time and money that we had already used up sooooooo..... we went with the K-1. We expected it to take around 6 months. That expectation left us extra frustrated and saddened. We were engaged in early March and not able to marry until April the following year.

[Gosia & Tito 199]

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.

Given what you mention on his disability and that you want to work immediately; I think the CR-1 route might be the best way to go. You can still come on the VWP and marry, then file CR-1 while you would return to your country; but upon approval and return you will have a GC upon arrival. On a K-1, once you arrive and marry, you still need to do AOS-adjustment of status and that can take several months. The times for processing CR-1 and K-1 are roughly same, but the K-1 requires additional costs.

In terms of his disability and potential to get income, you might want to also check the financial sponsoring aspects of K-1 and CR-1 to make the best decision.

Disability per se is not a disqualifying reason, but the income he gets from a disability pension for example could be; and he might need co-sponsoring.

Notice that you are already borderline representing intent of staying (in your post: "However we both want my next trip to be the one where I stay with him"), which would be consider fraud.

Edited January 20, 2013 by Gosia & Tito

[nzfiona 1]

Hi Gosia,

Thanks for the reply.

I know I have been overly honest - I have Asperger's, which means I find NOT telling the truth really hard, but I see that as being a good thing, although everyone else sees it as a liability. I want to enter the US honestly, and I have decided to make a short trip sooner as we miss each other too much, getting legal advice in the meantime.

I realise much of what I say is perhaps TOO honest, but I cannot help but be so. I will enter the US honestly or not at all. (And that is the truth as well.)

[Andie 147]

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

Some good advice here... so you can K1 or CR1, and both involve returning home after your visit. As has been said the immediate ability to work on arrival in the US is an advantage of the CR1.

All the best with your decisions and planning nzfiona

Edited January 20, 2013 by Andie

[TBoneTX 45,324]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is still deciding on a visa path. ***

[Boiler 45,541]

You would probably find that most Lawyers would tell you to enter on the VWP, marry and then decide to stay.

From a practical point of view I presume you currently have a job and with getting one in the US being tricky would it make more sense to go the other way?

[Gosia & Tito 199]

Hi Gosia,

Thanks for the reply.

I know I have been overly honest - I have Asperger's, which means I find NOT telling the truth really hard, but I see that as being a good thing, although everyone else sees it as a liability. I want to enter the US honestly, and I have decided to make a short trip sooner as we miss each other too much, getting legal advice in the meantime.

I realise much of what I say is perhaps TOO honest, but I cannot help but be so. I will enter the US honestly or not at all. (And that is the truth as well.)

I'd call your honesty an asset!

Back to the discussion, you noted having visited for 2 weeks; one thing we did is had my now wife stay for a longer period on a second visit, so she could see by herself what it was to live in the US (she's originally Polish). I had my reservations of whether she would adapt and I was willing and ready to move to Europe if needed.

During that visit she also got familiar with the grocery shops around, the driving, the heat (Houston in Summer can be "a bit" warm for a Polish), the thunderstorms, the Texan twang; the local Polish store, church and community, and several other things.

It was after that second visit (she was here for 5 weeks and she decide it was enough to tell) that the decision to live in the US was taken. Of course, each case is different and you might not need that.

Good luck!