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

[Cathi 5,757]

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.

the point is, the OP already has the idea in their head that is it the lega lway to go about things by coming on the VWP, that right there is intent..she never said a word about "accidentely" falling in love

[Sayha or bust. 71]

Did K1 and K2 for her kids, visa in hand in 10 months.

[raf.luv.leah 5]

the point is, the OP already has the idea in their head that is it the lega lway to go about things by coming on the VWP, that right there is intent..she never said a word about "accidentely" falling in love

It's pretty obvious what OP's situation is. My post wasn't referring to it, it's just a general statement.

Another thing that would suck is to bear the stigma of the "NIV-marriage-AOS" route, especially from those who took the long and hard way (haterz gon hate) when you just happen to be one of those who legitimately had the whirlwind romance thing. Also, would your conscience be satisfied even if you learned that it's not the normal, ideal route AFTER the fact that you fell in love but BEFORE you get married? You KNOW that NIV holders are not "allowed" to marry under their visa because it's for study/work/pleasure, but you didn't ask for this! You could still let him/her go back to his/her country after the NIV expires then do what you know is the correct way, but why would you do that? So much conflict! Hahaha

[Moomin 292]

It's pretty obvious what OP's situation is. My post wasn't referring to it, it's just a general statement.

Another thing that would suck is to bear the stigma of the "NIV-marriage-AOS" route, especially from those who took the long and hard way (haterz gon hate) when you just happen to be one of those who legitimately had the whirlwind romance thing. Also, would your conscience be satisfied even if you learned that it's not the normal, ideal route AFTER the fact that you fell in love but BEFORE you get married? You KNOW that NIV holders are not "allowed" to marry under their visa because it's for study/work/pleasure, but you didn't ask for this! You could still let him/her go back to his/her country after the NIV expires then do what you know is the correct way, but why would you do that? So much conflict! Hahaha

Basically, I would go back. I couldn't just up-and-leave everything behind in home country. We wouldn't have minded the being apart as a married couple. It was more a matter of preparing ourselves. Since we knew it was heading that way, I definitely wanted to include my family in home country in face-to-face talks rathet than "btw, I got married".

Some people arriving on VWP or B2 have legit reasons for changing their minds and staying. I would do the same if the situation called for it. But in my case it didn't. My husband and I have a lifetime together, regardless of how much time we've spent apart. We weren't suffering being apart other than any other longdistance couple would. Well, I was suffering from lack of sleep getting up at weird hours(7 hours difference) but that's about it. : )

[raf.luv.leah 5]

We weren't suffering being apart other than any other longdistance couple would. Well, I was suffering from lack of sleep getting up at weird hours(7 hours difference) but that's about it. : )

Tell me about it! Me and fiance have an 11 hour difference!

And for the sake of salvaging this post from being off topic, I would have to say based on my extensive and thorough research in the past 30 minutes, yes, the NIV-marriage-AOS is indeed generally the faster way. Doesn't mean you should do it. Imagine going through POE ("yes sir, I'm just visiting") with a guilty conscience. You could even be sweating which is, like, ew.

[CaroSL 68]

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

the right question is not what is the fastest way, but what is the safest way.

If you get married on a VWP then adjust status and you can't proove you didn't intend to marry, you will get a denial, no appeal possible.

If you get married on a tourist visa and then can't proove that you didn't intend to marry before entering the US, you will get a denial, you could appeal (takes time and money), you are not sure to win, you could be accused of visa fraud and deported.

Not safe. could seem faster in a world where USCIS doesn't detect fraud, or even try to detect fraud. Believe me, they do try. So it is not a fast or safe way to get a green card.

Edit: Sorry to those who read my whole post before. The end of my post was maybe a bit judgemental cause I was a bit shoked by the thread, and I don't know the whole situation of the OP, so I really have no right to. So, to everyone, I am sorry, and to the OP again, sorry.

Edited January 29, 2013 by CaroSL

[Xanax 349]

the right question is not what is the fastest way, but what is the safest way.

If you get married on a VWP then adjust status and you can't proove you didn't intend to marry, you will get a denial, no appeal possible.

If you get married on a tourist visa and then can't proove that you didn't intend to marry before entering the US, you will get a denial, you could appeal (takes time and money), you are not sure to win, you could be accused of visa fraud and deported.

Not safe. could seem faster in a world where USCIS doesn't detect fraud, or even try to detect fraud. Believe me, they do try. So it is not a fast or safe way to get a green card.

Edit: Sorry to those who read my whole post before. The end of my post was maybe a bit judgemental cause I was a bit shoked by the thread, and I don't know the whole situation of the OP, so I really have no right to. So, to everyone, I am sorry, and to the OP again, sorry.

That's not actually true. The burden of proof is not on the person adjusting to prove they didn't intend to adjust but the adjudicator to prove they did. Possibly semantics but still for some it is a big difference.

[CaroSL 68]

That's not actually true. The burden of proof is not on the person adjusting to prove they didn't intend to adjust but the adjudicator to prove they did. Possibly semantics but still for some it is a big difference.

Nice.

But what if the adjudicator say, "look, here are the facts blabla bla. This prooves you intended to marry". You say "no it doesn't..." Does it matter then? Do you have a chance to proove that you didn't intend to marry? (pure curiosity, as I am obvisouly not in this situation)

Edited January 30, 2013 by CaroSL

[Villanelle 4,122]

Yikes. Im really uncomfortable with this thread... In your other thread you had concerns about aging out were advised by aaron

Here is how you can immigrate NOW!!!!! It's call the K-1/K-2 process baby!!!!!!

Your mother should not get marry and adjust her status. She returns to Spain. Her US fiancee files a I-129f to start the K-1 fiancee process. The K-1 is special in that an unmarried child of the K-1 visa holder can come to the US before age 21 and adjust.

When your mom comes on the K-1 to marry and adjust in the US, you would be able to come as a derivative K-2 of hers, adjust, and get a green card too.

This adds only one step to what your mother is already contemplating; going home to get the K-1 visa for her and the K-2 for you.

You could be living here legally in one year.

And now youre asking 'hypothetically' whats the fastest way for someone to get a GC issued. Is it faster issued under K1 or adjusting under VWP. I do sympathize with you. You want/need the GC issued asap. To get it issued asap the best thing to do is make sure all your forms are filled out correctly and you submit everything right the first time, so that no RFEs are issued. Mail it in asap, use express mail and pray. Processing times vary. Everyones case moves differently. There are averages yes, but there are no guarantees.

[Xanax 349]

Nice.

But what if the adjudicator say, "look, here are the facts blabla bla. This prooves you intended to marry". You say "no it doesn't..." Does it matter then? Do you have a chance to proove that you didn't intend to marry? (pure curiosity, as I am obvisouly not in this situation)

That I don't know I do know that when we went to our interview that she asked if we intended to immigrate from the VWP and we said "no" and she said "okie dokie" , I guess if we said "yes" that would be proof?

[Benediction 15]

I find this post cooth, and to be frank makes me mad. This question should not even be asked, it should be the standard method as shows with your intent.

[Andrea&Henry 311]

Im tired of reading about people who "fell in love" and married during a tourist visit. I can understand people who adjust from students or working visas, cause usually when you come to study or work to the US, usually people come here for more than 6 month or a year and it's totally believable that you fell in love and married.

I read from people that came to "visit" their boyfriends or girlfriends, with "no" intentions to stay but they suddenly get married and stayed. What it bothers me the most, is that some of these people start topics asking how to adjust explaining that they just came to visit but,"without" planning, they decided to get married and avoid procedures. I don't know if they believe we are stupids or what, but the thing is most of them have an easy, and quick AoS Process while the rest of the people, who did things right and LEGAL need to wait and wait.

Not only that, but most of them have regular AoS interviews, while adjusting from a tourist visa is ilegal. k1 and k2 holders, after all the things we have to go through we also have to go through an AoS interview. Sometimes, I dont understand how law works in this case.

Moving to other country requires of some preparation and predetermination, I can't imagine moving to another country while my family and friends thinks Im just spending some vacations. What about your relative? your friend? your job? your money, documents, clothes, belongings etc etc? so makes me thinks many of the people who said they didn't plan it, the actually DID!

I know a few cases of people that need to stay because an accident, a child birth or illness but only a few cases

Im not saying that this has something to do with the OP, but you're saying you dont want to come an stay ilegal, but asking about it, makes me believe you have been thinking of it, or someone close to you. And you are not asking about how can you or someone you know, can be with a loveone/husband/wife/boyfriend/girlfriend, you are being very specific about how to obtain a green card, which makes me believe that you or someone you know wants to commit fraud to gain a Green card.

I dont know what your intentions are and is not my business either, but you pick the wrong site or you asked the wrong questions...

Edited January 30, 2013 by Andrea&Henry

[Jason32 5]

That's not actually true. The burden of proof is not on the person adjusting to prove they didn't intend to adjust but the adjudicator to prove they did. Possibly semantics but still for some it is a big difference.

Generally speaking, the burdern of proof is on the CBP agent at POE. They either let you in, or they don't. Also, there is nothing unlawful about getting married on a NIV. I have pointed this out before, that sometimes people come to the US to get married and then go back to their home countries. To say that it is unlawful to do so is just plain wrong. I don't mean to be blunt, but it is the "Intent to Immigrate" by adjusting after marriage on a NIV that is unlawful. It may be semantics to some people, but the law is the law. It is either unlawful or it is not. And it is not illegal to adjust from a tourist visa. It is merely illegal to intend to do it.

I don't like getting involved in these emotionally charged discussions, but we are all in this together. I think we all came on this site to get help from one another, not to judge one another.

Also, I'm not singling any one person out Xanax. I just quoted your post because it made me think of my initial point.

[Xanax 349]

Generally speaking, the burdern of proof is on the CBP agent at POE. They either let you in, or they don't. Also, there is nothing unlawful about getting married on a NIV. I have pointed this out before, that sometimes people come to the US to get married and then go back to their home countries. To say that it is unlawful to do so is just plain wrong. I don't mean to be blunt, but it is the "Intent to Immigrate" by adjusting after marriage on a NIV that is unlawful. It may be semantics to some people, but the law is the law. It is either unlawful or it is not. And it is not illegal to adjust from a tourist visa. It is merely illegal to intend to do it.

I don't like getting involved in these emotionally charged discussions, but we are all in this together. I think we all came on this site to get help from one another, not to judge one another.

Also, I'm not singling any one person out Xanax. I just quoted your post because it made me think of my initial point.

Lol, I have no idea why you quoted me. We have the same point of view (burden of proof is not on the person adjusting) and I adjusted from the VWP. Maybe you misconstrued what I said

Generally if you're let into the country that is considered "proof" that you did not intend to adjust as you were let in, but if your IO at the interview believes you had intent it is their responsibility to prove it and not yours (the adjustee ) like how ours asked if we had intent.

[mtcmk1 37]

Go the K1 route. It's legal and faster. Or even consider a spousal visa--get married overseas and file.