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

[CaroSL 68]

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.

Oh, I am so sorry. Hope you don't mind my curiosity... I really didn't mean to imply you were willing to fraud, or it was unfair (as some people here imply K1 or CR1 are the only right way, and all the rest is unfair.)

We were suggested by a lawyer to get married on a VWP, which we agreed not to do because it seemed risky, this is why I asked. We were in a very different place though when I was on the VWP(I definitly had the option to go back home, and I didn't have a job, I don't own an appartment or anything... I think the situation would have looked very suspicious and the chances for denial were high. I am happy we choose not to listher to the lawyer and go the K1 route. Plus I don't think I would have been very happy to leave France without proper goodbyes.)

Thank you very much for sharing your story, I really appreciate it.

Edited January 30, 2013 by CaroSL

[papiakumi 1]

DON'T TRY TO GET A GREEN CARD by entering with a Tourist Visa and getting married in the US...chances are you will be intercepted at the border with intent to immigrate, and will be shipped back home with a 10 year embargo from returning to the US even on a Tourist Visa. You can take this gamble that they won't catch you, but if they DO that will seriously delay your path to a green card. No doubt that will complicate your case down the line, and you will have to hire an immigration lawyer...

That said, K1 visas are quite a hassle too. You can enter the US as a fiance, but you HAVE to get married with a US Citizen within 90 days. Then you have to file adjustment of status, with no guarantee that you will be approved.

The easiest (perhaps not the fastest) way to a green card is through a IR1/CR1 visa. That way you have a green card as soon as you enter the US. No having to adjust status once you are in the US.

In order to get a green card you need to be already married. Your best shot may be to get married in your home country and then go ahead and apply for the IR1.

[tehans 52]

I HATE people like you. You are the reason my wife's family can't get a visa to visit us

[LIFE'SJOURNEY 970]

Beware with the new immigration reform, there will be some major changes in this process. There will be tigher controls on vistor visas stays and overstays.

[Justine+David 218]

K1 is faster. Totally faster if you're denied a GC by VWP and have to subsequently file a waiver...

[liberty23456 15]

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.

Well said.

[amykathleen2005 441]

Well said.

Then why are K1 and CR1 apps even processed for the UK? Surely would save the gov tons of time and money to ask UK citizens not to bother?

[milimelo 4,486]

Guys, OP is an 18 year old child whose mother is or will be going to the US on VWP and he wants to know how HE will get the residency. In his other topic (check it out under his profile), he was told that as long as his mother does NOT get married and AOS from VWP he will have a chance to come under K2 and get a green card as he is under 21 - possibly before he turns 19. But I guess he wants a longer route to LPR - F2A.

[aayitrun 66]

i havent checked the timelines recently, but last i knew, immigration fraud was the fastest way to deportation and ban.

[CaroSL 68]

Guys, OP is an 18 year old child whose mother is or will be going to the US on VWP and he wants to know how HE will get the residency. In his other topic (check it out under his profile), he was told that as long as his mother does NOT get married and AOS from VWP he will have a chance to come under K2 and get a green card as he is under 21 - possibly before he turns 19. But I guess he wants a longer route to LPR - F2A.

Thank you for this. The thread you talk about is here, I suppose: http://www.visajourn...64#entry5880964

It casts a pretty different light on the situation. I understand the "speed" focus now...

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.

Let's try to look for speed then. You can't separate speed from risk and probabilities. Here is what can happen:

If your mother marry on her VWP, manage to adjust status and get a green card without being denied, she still won't be able be naturalized before you are 21 (it takes 3 years once the GC in hand to be ellegible for naturalization, you are already 18... simple maths). Then, if I understand correctly, you'll be waiting 8 years to get a green card yourself if she petition for you... Which is 11 in total.

Unless she can somehow petition for you after her AOS but before naturalization? (I have no clue, I let you check into that). If she can't, then the answer is obvious: K1 and K2 is the route.

Now, we don't know the specifics about your story. But if the intend to marry was clear (I don't know what questions they ask at AOS in this case... but I doubt that they will simply believe people saying 'no, we didn't intend to marry'. I am pretty sure you can find more info on the internet about that) there are good chances the AOS will be denied. In which case she would have to go back to spain, then fill a CR1...

So, for the sake of this scenario, let's say she does that:

Takes a few months (or more, no clue on this) to get to the AOS.

She is denied, get back to spain, fill the CR1, so let's say about a year for her to get a GC (maybe more, because after having being denied AOS, they could look into the application way more closely and take additional time)

+ 3 years to get the nationality.

So it is around 4 to 5 years for here to be able to petition for you. You'll be over 21. so then you wait 8 years to have a GC yourself (again, if I understand correctly what have been said in your previous thread).

So in total it is 12 to 13 years for you (man, you will be married and have kids of your own!)

Now, let's look at K1 scenario.

Her fiancé fills an I-129F petition for her, she comes back to spain when her VWP is over, wait... somewhere in the process you guys do everything you need to do to apply for the K2 (I don't know when, how, by whom... but you'll find plenty of people here to help you guys out with this) In a year she'll be back to the US, and you with her. Maybe a bit more

So, unless:

1. It is SOOOOOOOOOO INCREDIBLY OBVIOUS that she didn't intend to marry when entering the country AND
2. She can bring you after AOS and doesn't have to wait for naturalization to be able to petition for you

you should tell her she needs to go the K1 route.

Hope this helps a little. Good luck!

Edited January 30, 2013 by CaroSL

[Xanax 349]

Oh, I am so sorry. Hope you don't mind my curiosity... I really didn't mean to imply you were willing to fraud, or it was unfair (as some people here imply K1 or CR1 are the only right way, and all the rest is unfair.)

We were suggested by a lawyer to get married on a VWP, which we agreed not to do because it seemed risky, this is why I asked. We were in a very different place though when I was on the VWP(I definitly had the option to go back home, and I didn't have a job, I don't own an appartment or anything... I think the situation would have looked very suspicious and the chances for denial were high. I am happy we choose not to listher to the lawyer and go the K1 route. Plus I don't think I would have been very happy to leave France without proper goodbyes.)

Thank you very much for sharing your story, I really appreciate it.

I don't mind you asking at all. I have gotten a lot of negative feedback for our circumstances.

I would have much preferred to finish our K-1 but that didn't work for us.

Thanks for your kind words