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

[Jeikun 65]

And forgive me if it's been said, but even though coming on VWP and adjusting is a faster way to be IN the USA (Just hop on a plane), it's not necessarily a faster way to get a green card. Also, as said ad nauseum by asking which is faster - if you are asking for your own consideration- then you HAVE INTENT, therefore it is illegal. You can't ask just in case, then forget you wanted to, then suddenly remember you wanted to after entry. As for them proving it, if you get questioned about it at entry (especially if pulled aside for an interview) and say you have no intent to marry and AOS - that goes on your record. So if you subsequently do so it will look BAD for you. Not to mention, being caught or not doesn't make something right or wrong. Take the legal route. AOS on VWP is fine for people it is legitimately for (surprise pregnancy, illness, sudden proposal- it happens, extenuating circumstances) but if you (the OP) are really asking, then it's not for you.

[Jason32 5]

Also, the OP asked fastest to green card. K1 still has to adjust status after arrival on the visa and marriage within 90 days. Between K1 and CR-1, the fastest way to green card is CR-1. I know that wasn't the original question, but as far as planning on what to do, those are the legal option to PLAN on.

[lierre 224]

Go the legal route. It may seem like a long wait... But, we're doing the right thing.

Fyi, you cannot expect to ask about an illegal option in a forum where all of the posters are actually doing the process properly.

[NigeriaorBust 4,087]

What I find amusing is people that post their thinnly veiled intent to violate immigration laws on a board that is monitored by immigration. Doesn't anyone know about IP addresses and the governements ability to know these things ?

Edited January 30, 2013 by NigeriaorBust

[liberty23456 15]

What I find amusing is people that post their thinnly veiled intent to violate immigration laws on a board that is monitored by immigration. Doesn't anyone know about IP addresses and the governements ability to know these things ?

If immigration monitors this board - which quite possibly is the case - it explains the ridiculously long processing times.

Edited January 30, 2013 by liberty23456

[rjm_cmyk 75]

I think US immigration personnel are fantastic. I don't have any complaints about them and think they do an absolutely wonderful job (especially in California)

IP address available by request :-)

[Jason32 5]

I think US immigration personnel are fantastic. I don't have any complaints about them and think they do an absolutely wonderful job (especially in California)

IP address available by request :-)

[blankmedia 41]

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

You probably won't find the answers you are looking for from the users on this website. What you will find though are a bunch of bitter people waiting for their I-130's to gets processed that will sit on their high horse and call you a criminal for adjusting from anything but a K-1 or CR-1 visa. I've even seen them troll through peoples old messages to prove "intent", it's kind of pathetic.

[TBoneTX 45,329]

*** Thread moved from K-1 Process forum to General Immigration Discussion. ***

[AKSinghSingh79 143]

OP, you won't find anyone on this site that advocates using a "loophole" to circumvent existing (proper) immigration processes.

Get this "fastest way" idea out of your head. Using speed as a basis for what decisions you make is not intelligent. You need to approach this process maturely by thinking in the long term instead of focusing on fulfilling short term desires. Your focus should be on which route (K-1 or CR-1) benefits you and your partner the most. Does being able to work immediately appeal to your immigrating partner? If yes then the CR-1 is for you. If your main concern is starting your married life together instead of being separated then choose the K-1.

Forget AOS from a B-2/VWP. This "option" should not even be on the table. B-2/VWP is for visits. K-1/CR-1 is for people wishing to establish themselves permanently in the USA. Simple.

Go to the top of this page, click on guides, and study the K-1 and CR-1 carefully. Choose one based on your needs/priorities.

[AKSinghSingh79 143]

You probably won't find the answers you are looking for from the users on this website. What you will find though are a bunch of bitter people waiting for their I-130's to gets processed that will sit on their high horse and call you a criminal for adjusting from anything but a K-1 or CR-1 visa. I've even seen them troll through peoples old messages to prove "intent", it's kind of pathetic.

What I find "pathetic" is people defending fradulent activity. No one in this forum is on a "high horse". Members are advising the OP to use the proper visa for the OP's situation which seems to be immigrating to the US. It's simple really. If you want to work, you come to the U.S. on a J-1 or an H1-B visa (H1-B is also dual intent), if you want to study you enter on an F-1, if you want to visit you enter on a B-2, etc....

The OP's original topic makes it clear that his/her intention is to come to the US and adjust status so that they may become a permanent resident, preferably in the fastest manner possible. Therefore, the only two options are K-1 or CR-1.

[blankmedia 41]

What I find "pathetic" is people defending fradulent activity. No one in this forum is on a "high horse". Members are advising the OP to use the proper visa for the OP's situation which seems to be immigrating to the US. It's simple really. If you want to work, you come to the U.S. on a J-1 or an H1-B visa (H1-B is also dual intent), if you want to study you enter on an F-1, if you want to visit you enter on a B-2, etc....

The OP's original topic makes it clear that his/her intention is to come to the US and adjust status so that they may become a permanent resident, preferably in the fastest manner possible. Therefore, the only two options are K-1 or CR-1.

Funny I've never heard of one person having been asked of their "intent" at their marriage based interview, let alone being denied for it. Not to mention that it's not even asked on any application associated with getting a green card (while being a drunkard or prostitute is). It's a non-issue with AOS based on marriage and is an issue that is dealt with at the POE when the alien talks to CBP. Certain countries are in good standing with USA and the benefit of that is not having to obtain a Visa to enter thus allowing an AOS based on marriage. There aren't millions of British Citizens trying to crash the border to get a "better life" with a marriage of convenience. If the marriage is GENUINE, I'm pretty sure a blind eye is turned to their possible intent.

The OP was already aware of "intent" and was simply asking which was quicker. Yet, No-one could answer without using the words FRAUD or CRIMINAL.

[CaroSL 68]

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?

so you did marry on a WVP after sending an I-129F, and it worked? i thought it was almost impossible. Do have a thread where you share that story somewhere? I'd love to learn more about that

[Xanax 349]

so you did marry on a WVP after sending an I-129F, and it worked? i thought it was almost impossible. Do have a thread where you share that story somewhere? I'd love to learn more about that

I came for a visit shortly before my k-1 was to be approved. I had some medical issues here and we had a very sick dog so I decided to stay.

The process ended up taking us much longer than it would have had we just waited for the k-1 but I didn't really have the luxury of leaving. I didn't get my "wedding" and we missed out on a lot AOSing; I obviously lost my job, didn't have any clothes or money, left my car unsold etc. It is not something I would advocate doing.

Edited January 30, 2013 by Xanax

[Xanax 349]

Funny I've never heard of one person having been asked of their "intent" at their marriage based interview, let alone being denied for it. Not to mention that it's not even asked on any application associated with getting a green card (while being a drunkard or prostitute is). It's a non-issue with AOS based on marriage and is an issue that is dealt with at the POE when the alien talks to CBP. Certain countries are in good standing with USA and the benefit of that is not having to obtain a Visa to enter thus allowing an AOS based on marriage. There aren't millions of British Citizens trying to crash the border to get a "better life" with a marriage of convenience. If the marriage is GENUINE, I'm pretty sure a blind eye is turned to their possible intent.

The OP was already aware of "intent" and was simply asking which was quicker. Yet, No-one could answer without using the words FRAUD or CRIMINAL.

I was asked at my interview. So now you know one person

Similarly, even though I do think the OP is suspiscious I never said they were a criminal or trying to commit fraud. You see what you want to, I guess?

Edited January 30, 2013 by Xanax