Fastest route to a green card: K1/K2 visas or tourist visas/VWP?

[bca94 0]

The title says it all

I want to know which route is faster for getting green cards for a foreign citizen and its children, by going to the U.S. through K1/K2 visas or through tourist visas/the VWP and then adjust status after the foreign citizen has married.

I know that it's basically illegal to use a tourist visa/the VWP to get a green card but I also know that if you manage to pass the port of entry by showing proof that you don't intend to stay by showing them you have ties to your home country, then you could get married after you have entered the U.S. and adjust status afterwards (I also know that talking about chances, there's more chances on getting the green card through the K1/K2 visas route because through the tourist visa/VWP it might look like a sham marriage but I'm asking about speed - which route is faster.)

Thanks

Edited January 29, 2013 by bca94

[Monica Torres 1]

The title says it all

I want to know which route is faster for getting green cards for a foreign citizen and its children, by going to the U.S. through K1/K2 visas or through tourist visas/the VWP and then adjust status after the foreign citizen has married.

I know that it's basically illegal to use a tourist visa/the VWP to get a green card but I also know that if you manage to pass the port of entry by showing proof that you don't intent to stay showing that you have ties to your home country, then you could get married after entering the U.S. and adjust status (I also know that talking about chances, there's more chances on getting the green card through the K1/K2 visas route because through the tourist visa/VWP it might look like a sham marriage but I'm asking about speed - which route is faster.)

Thanks

K1 route. Faster and legal

[Cathi 5,757]

coming to the US on the VWP with the INTENT to adjust status and stay is illegal and immigration fraud. You have already stated that would be your intent. If you do so it brings dire consequences. Read the guides at the top of the page for legal ways to immigrate to the US

[Xanax 349]

No one on this site can advise you to use a tourist visa or vwp with the intent to adjust status, they can only advise you of legal avenues.

That being said you haven't mentioned the cr-1 visa which is also an option.

There is a comparison chart above, check that out

[bca94 0]

coming to the US on the VWP with the INTENT to adjust status and stay is illegal and immigration fraud. You have already stated that would be your intent. If you do so it brings dire consequences. Read the guides at the top of the page for legal ways to immigrate to the US

Sorry, but I don't see in my post where I state that it is my intent to adjust status and stay. I'm asking this question because I know that there have been situations where people would travel to the U.S. with the sole intent to visit but then got married, and they were able to get married because at the port entry they showed that they didn't have any intent to stay by showing ties to their home country for instance. I am just curious which way is faster: through the K-1/K2 visas or through tourist visas/the VWP.

Edited January 29, 2013 by bca94

[LIFE'SJOURNEY 970]

How are you measuring speed? Fast is just a verb to describe the object. The entire process invovles some level of correct legal subjective process.

Fast doesn't means it will be legal and correct.

[CHarvey80 72]

Sorry, but I don't see in my post where I state that it is my intent to adjust status and stay. I'm asking this question because I know that there have been situations where people would travel to the U.S. with the sole intent to visit but then got married, and they were able to get married because at the port entry they showed that they didn't have any intent to stay by showing ties to their home country for instance. I am just curious which way is faster: through the K-1/K2 visas or through tourist visas/the VWP.

Same answers above are still the correct answers to your question.

If you travel to the USA on the VWP you have the intent to adjust your status, there for it is vise fraud.

Read through the above mentioned answers and read through the guides to compare the different LEGAL routes to accomplish your goal.

Best of luck and don't hesitate to ask if you have any questions regarding the information you read.

[aws&ndd 103]

Sorry, but I don't see in my post where I state that it is my intent to adjust status and stay.

Actually, you did.

I want to know which route is faster for getting green cards for a foreign citizen and its children, by going to the U.S. through K1/K2 visas or through tourist visas/the VWP and then adjust status after the foreign citizen has married.

You asked for advice for which is faster to come to the US and adjust status. You are showing intent to adjust status and stay. None of us can advise anything illegal, therefore the only option you have that we can advise is to compare the K-1 and the CR-1 visas.

[Xanax 349]

Sorry, but I don't see in my post where I state that it is my intent to adjust status and stay. I'm asking this question because I know that there have been situations where people would travel to the U.S. with the sole intent to visit but then got married, and they were able to get married because at the port entry they showed that they didn't have any intent to stay by showing ties to their home country for instance. I am just curious which way is faster: through the K-1/K2 visas or through tourist visas/the VWP.

It is all variable. Processing times for CSC and VSC vary greatly between each other and at different points in the year(they process the K-1 and CR-1 visas) as do the processing times for the local offices (where the AOS applications get sent). You will see some AOS petitions approved within months and you will see some K-1's approved within months. You will also see some take most of a year. There are things that add time to each process as well like RFE's (request further evidence) and AP (administrative processing) that are not forseen.

Note: If AOS from a VWP is denied then you have to leave the country and there is NO appeal so that adds to the time (I believe you can appeal from a tourist visa).

If you are NOT indeed planning to come to the US or have someone come to the US and apply for a greencard and trying to find the "fastest" route regardless of legality, may I ask why you are asking this question? Surely not just to waste VJ members time to answer an asinine question that has no meaning behind it?

Edited January 29, 2013 by Xanax

[bca94 0]

It is all variable. Processing times for CSC and VSC vary greatly between each other and at different points in the year(they process the K-1 and CR-1 visas) as do the processing times for the local offices (where the AOS applications get sent). You will see some AOS petitions approved within months and you will see some K-1's approved within months. You will also see some take most of a year. There are things that add time to each process as well like RFE's (request further evidence) and AP (administrative processing) that are not forseen.

Note: If AOS from a VWP is denied then you have to leave the country and there is NO appeal so that adds to the time (I believe you can appeal from a tourist visa).

If you are NOT indeed planning to come to the US or have someone come to the US and apply for a greencard and trying to find the "fastest" route regardless of legality, may I ask why you are asking this question? Surely not just to waste VJ members time to answer an asinine question that has no meaning behind it?

Yes, of course. It is mere curiosity. As far as I know, the K1 route is the fastest way to get a green card through marriage. But then I remembered some situations of tourists or people in the U.S. with the VWP. They would go to the U.S. only to visit but during their visit, they would find a special person and get married to that person during the visitor's supposedly initial temporary stay.. Some of this people would be able to adjust status and get a green card, so having in mind that it is supposedly illegal to go to the U.S. with a tourist visa or VWP to adjust status and get a green card, I just wanted to know for mere informative purposes which way is faster when comparing a legal way to an illegal way. Having a quick guess, I suppose that the legal way is faster but that would be a guess.

[Xanax 349]

Yes, of course. It is mere curiosity. As far as I know, the K1 route is the fastest way to get a green card through marriage. But then I remembered some situations of tourists or people in the U.S. with the VWP. They would go to the U.S. only to visit but during their visit, they would find a special person and get married to that person during the visitor's supposedly initial temporary stay.. Some of this people would be able to adjust status and get a green card, so having in mind that it is supposedly illegal to go to the U.S. with a tourist visa or VWP to adjust status and get a green card, I just wanted to know for mere informative purposes which way is faster when comparing a legal way to an illegal way. Having a quick guess, I suppose that the legal way is faster but that would be a guess.

Refer to my answer above. There is not definitive "fastest way". Compare some peoples timelines on here; K-1's taking 6 month; VWP AOS taking 1 year +; K-1's taking 10 months; VWP AOS taking 3 months; CR-1 taking 5 months.... Every situation is different and there is not definite answer.

Good luck and I hope I have satiated your "mere curiosity".

[raf.luv.leah 5]

What if someone with a non-immigrant visa falls in love with a USC and they want to get married? They look around the internet and find that it is unlawful to get married while on a non-immigrant visa. What is the legal way to do it? Is it possible to file a "K-1" with the non-USC in the US already?

I am asking this out of sincere curiosity. My fiance and I took the K-1 route and I have my visa on hand.

[Xanax 349]

What if someone with a non-immigrant visa falls in love with a USC and they want to get married? They look around the internet and find that it is unlawful to get married while on a non-immigrant visa. What is the legal way to do it? Is it possible to file a "K-1" with the non-USC in the US already?

I am asking this out of sincere curiosity. My fiance and I took the K-1 route and I have my visa on hand.

They can get married in the US and then the non- USC can return home and they file a CR-1 or they can apply for adjustment of status.

It is only illegal to come to the US (on a non-immigrant visa) with the intent to adjust status after marrying a USC.

[Moomin 292]

What if someone with a non-immigrant visa falls in love with a USC and they want to get married? They look around the internet and find that it is unlawful to get married while on a non-immigrant visa. What is the legal way to do it? Is it possible to file a "K-1" with the non-USC in the US already?

I am asking this out of sincere curiosity. My fiance and I took the K-1 route and I have my visa on hand.

It's a matter of what the intentions were before entering the US. If the intentions were to enter and find a way to stay, then it constitutes fraud. Some single tourist visiting with no or little ties to home country have a refusal rate higher than a couple or a family with no interes in staying.

If there's a change of heart AFTER arriving(preferrably after actually having set foot in the country for longer than 5 minutes), then it's a different matter.

The K1 is not the fastest way to a greencard the legal way. Taken everything into consideration, it takes a minimum of 6-7 months to get petition approved and sent overseas, then after that getting married; submitting AOS takes between 3-7 months. Inbetween is more wait. It's about the fastest way to be reunited, though, IF people aren't ofcourse waiting around for a final divorce decree from prior marriage, haven't met IRL, taking too long gathering papers, no available interview dates etc.

[raf.luv.leah 5]

So ignorance is bliss then.

Hahaha imagine how ridiculous it would be for a non-immigrant visa holder to accidentally come across such a piece of info and step into the US with a "don't fall in love don't fall in love don't fall in love you are NOT ALLOWED to fall in love" mantra running through his or her head. That would suck.