Why to pursuit a k1/CR1/IR1 visa if we have Tourist visas?

[Braveheart1969 0]

Hi! this is my 1st time here in the forum...since my wife and I started our k1 journey I've been following you and I feel like I know you already. Thanks to your website, I was able to bring my wife without paying a lawyer but I never felt the necessity to submit here until now.

I'm from Paraguay but I came here to the States when I was in my early 20's. My dad brought us here on a working visa...I became in an USC a few years ago. In april 2004 I went to Paraguay to visit my family and during the trip I met my beautiful wife, we started a long distance relationship until I proposed to here back 2011.

We filed a k1 visa, and even when we followed directions, our journey was quite a bumpy ride. It took us a year to be together after months of waiting. She was recently approved to be GC holder.

The thing is that we went to her AoS interview a few days ago, while we were waiting, we met another 3 couples who were waiting for their AoS interviews, just like us. The 3 couples were hispanics so we became "friends" almost immediately. My wife doesn't speak english yet, and we live in small town near Davenport in Iowa, so hispanics are not common here.

Once they started chatting I realized that we were the only couple who were adjusting from a k1 visa. The other 3 couples were adjusting from tourist visa. As far as I know, come here to the US, get married and stay is almost a fraud, but that's exactly what they did. One of the couple told me "why file for a k1 or CR1 visa and wait if you can come, get marry and stay?" i was like "why? because it's ilegal?". My wife had a valid tourist visa but we never thought about doing that because I thought it wasn't legal.

I was so mad, all of them only paid for their flight ticket and their AoS, while I need to pay for the whole k1 process. Not only that but also, the 3 couples filed between early december and january, and they had their interview the same day as my wife, but the difference is that I filed for my wife AoS ALMOST 6 MONTH AGO.

I've no doubt that those couple were in love, and I'm not saying that their marriages are fraud either (it was obvious that all of them were happy couples) but the fact is that is not fair what USCIS is doing. They state that getting marrying and STAY with a tourist visa is fraud but they still approved their AoS cases.

We're the last ones to be interviewed so I'd the chance to see all of the 3 couples coming in and out of their interviews happy and approved.

If USCIS wants people to use regular procedures to legal immigrate to the States, they are doing it wrong. They are taking ages to approved k1 and CR1/IR1 visas, then paying high fees, and all the things we need to pay besides the regulars fee, the whole and exhausting waiting, then wait 4 to 6 month to have the AoS interviews... while the tourist visa holders, comes to the US whenever they want, get marry, apply for AoS and most of them are done in less than 3 month....make NO sense for me

If I knew all of this I would followed the b2 visa rout and avoid all the bumps we found a long the way....seriously. I think the USCIS should do something. Give tourist visas for everybody and help us to avoid the pain of the immigrants visa, or get tougher with people who are adjusting from tourists visas...but WE all deserve the SAME, we all deserve to be treated it EQUALY.

You can't say "you cannot immigrate with a TOURIST visa but if you do it, but we grant you a speed greencard process" I feel totally disrespect as someone who paid and did things how they want it.

I'm sorry...but I'm just too mad and need it to ventilated

Edited February 25, 2013 by Braveheart1969

[dd215 9]

It's kinda like cheating on your taxes, or speeding. Not everyone gets caught, but it sucks when you DO get caught. True, there are ways to get around the K1 process. The thing is, if you get caught, you are totally screwed. IF your fiancé came here on a "tourist" or "student" visa and you guys get married, you still have to deal with a USCIS officer who will ask questions. If this person doubts the authenticity of your responses, that starts a chain of events that will eventually lead to deportation. Good luck getting a K-1 approved after that. Now you've ruined any chance of getting your spouse to the US. That's the risk. In my view, it's simply not worth it. So we have to wait a few extra months, and yes, it's a real pain in butt. But, if the relationship is true and strong, this too will pass and you then move on with the rest of your wonderful lives together. Don't worry, most of us "suckers" feel the same way you do, but it's nice not having to look over your shoulder!

[Andrea&Henry 311]

It's kinda like cheating on your taxes, or speeding. Not everyone gets caught, but it sucks when you DO get caught. True, there are ways to get around the K1 process. The thing is, if you get caught, you are totally screwed. IF your fiancé came here on a "tourist" or "student" visa and you guys get married, you still have to deal with a USCIS officer who will ask questions. If this person doubts the authenticity of your responses, that starts a chain of events that will eventually lead to deportation. Good luck getting a K-1 approved after that. Now you've ruined any chance of getting your spouse to the US. That's the risk. In my view, it's simply not worth it. So we have to wait a few extra months, and yes, it's a real pain in butt. But, if the relationship is true and strong, this too will pass and you then move on with the rest of your wonderful lives together. Don't worry, most of us "suckers" feel the same way you do, but it's nice not having to look over your shoulder!

Im agree...I know it really bothers but at least you did the right thing!

[Harpa Timsah 13,258]

It is illegal to enter the US on a tourist visa with the intent to immigrate. Those "friends" are either ignorant to the law, or knowingly committing fraud. But it is their business, so I won't bother explaining.

To lessen your frustration, perhaps, I wanted to let you know that the AOS from a tourist visa costs more than the AOS you do from a K-1 visa. It's still a little less expensive than the K-1 visa total, but not by too much.

[Andrea&Henry 311]

It is illegal to enter the US on a tourist visa with the intent to immigrate. Those "friends" are either ignorant to the law, or knowingly committing fraud. But it is their business, so I won't bother explaining.

To lessen your frustration, perhaps, I wanted to let you know that the AOS from a tourist visa costs more than the AOS you do from a K-1 visa. It's still a little less expensive than the K-1 visa total, but not by too much.

Let's be honest...EVERYBODY knows that staying with a tourist visa, with our without marriage is a fraud....people obviously know that but they rather to take the risk and avoid the whole process. Nobody wants to pay additionals fee, wait between 5 to 10 month and going through an interview without really knowing the result. I mean, if all of us could do something to avoid all this stuff in a LEGAL way, I bet my soul that k1 or cr1 would be worthless eventually.

But why people keep doing? cause is faster, is cheaper and even when is Ilegal, the USCIS still approved you

[Braveheart1969 0]

Let's be honest...EVERYBODY knows that staying with a tourist visa, with our without marriage is a fraud....people obviously know that but they rather to take the risk and avoid the whole process. Nobody wants to pay additionals fee, wait between 5 to 10 month and going through an interview without really knowing the result. I mean, if all of us could do something to avoid all this stuff in a LEGAL way, I bet my soul that k1 or cr1 would be worthless eventually.

But why people keep doing? cause is faster, is cheaper and even when is Ilegal, the USCIS still approved you

You read my mind sister

[Braveheart1969 0]

It is illegal to enter the US on a tourist visa with the intent to immigrate. Those "friends" are either ignorant to the law, or knowingly committing fraud. But it is their business, so I won't bother explaining.

To lessen your frustration, perhaps, I wanted to let you know that the AOS from a tourist visa costs more than the AOS you do from a K-1 visa. It's still a little less expensive than the K-1 visa total, but not by too much.

Now I feel better hahahaha! I don't know much about law but you cannot created a law and then not in force it. You need to act with coherence.

[Harpa Timsah 13,258]

Let's be honest...EVERYBODY knows that staying with a tourist visa, with our without marriage is a fraud....people obviously know that but they rather to take the risk and avoid the whole process. Nobody wants to pay additionals fee, wait between 5 to 10 month and going through an interview without really knowing the result. I mean, if all of us could do something to avoid all this stuff in a LEGAL way, I bet my soul that k1 or cr1 would be worthless eventually.

But why people keep doing? cause is faster, is cheaper and even when is Ilegal, the USCIS still approved you

I don't think everyone knows this. I sure didn't know anything about immigration when I met my husband. I knew you shouldn't overstay tourist visas, that much seems obvious, but I had no idea about any visas, any rules, any protocol for marriage, nothing. A lot of people really don't know.

If you guys want to be angry about, that's your right.... but this whole system is in place as a courtesy to the USC. It is overly bureaucratic to make someone go back when they are already here, and USCIS understands this. I am glad they do. Some people are smarter than us, have bigger houses, have fancier cars, but what someone else has doesn't have any direct bearing on what I have, so I try not to care or be interested in what other people do or have. It's their life. I am happy with mine.

What I care more about is that these people are in real marriages and are not defrauding the government or the USC. I see a lot more obviously fraudulent cases with K-1s, actually. (Those people usually don't get the visa).

Edited February 25, 2013 by Harpa Timsah

[Harpa Timsah 13,258]

Now I feel better hahahaha! I don't know much about law but you cannot created a law and then not in force it. You need to act with coherence.

The US law is very coherent. Intent to immigrate on a tourist visa is a negative factor, but not enough of a negative factor by itself to overcome the overwhelmingly positive factor of being married to a USC. If there are no other bad marks, and as long as the person did not lie at POE, then the AOS will be approved. If there are other negative factors, then intent can be added to deny the AOS.

[Andrea&Henry 311]

I don't think everyone knows this. I sure didn't know anything about immigration when I met my husband. I knew you shouldn't overstay tourist visas, that much seems obvious, but I had no idea about any visas, any rules, any protocol for marriage, nothing. A lot of people really don't know.

If you guys want to be angry about, that's your right.... but this whole system is in place as a courtesy to the USC. It is overly bureaucratic to make someone go back when they are already here, and USCIS understands this. I am glad they do. Some people are smarter than us, have bigger houses, have fancier cars, but what someone else has doesn't have any direct bearing on what I have, so I try not to care or be interested in what other people do or have. It's their life. I am happy with mine.

What I care more about is that these people are in real marriages and are not defrauding the government or the USC. I see a lot more obviously fraudulent cases with K-1s, actually. (Those people usually don't get the visa).

Im not angry (at least not anymore) but Im very aware of what the OP is saying and I think it's true. I didn't know anything about immigration law til my husband proposed to me and we started looking for legal procedures to be together, but even then, I knew that tourist visa was meant for that...tourism. Not to live in the states or get married or work.

And I know that life is like that, there will always be someone smarter, slimmer, richer or luckier than us and I truly believe that we are responsable of our life and destiny. If you don't want to be fat. don't complain, workout and diet, if you want to have a great house, then get a job, if you want to be smarter, go to college, study, read...I totally share that line of thinking but THIS is way different...

This is about procedures and law and it should be something that we must follow and should be apply equal to all of us. I'd a tourist visa and my husband and I needed to work very hard to afford our trips to see each other, and even when I could stayed we choose not to do it, trying to follow what law states. We are not rich, we were working couple who wants to do things right.

And if the US gov thinks that is a pain in the butt to make somebody leave after getting married with a US citizen, the USCIS should see also as an overly burocratic, a process that take ages and money to be done like the k1 or the CR1.

What I mean, the USCIS should be honest with us and with themselves and let all of us to get married and stay without problems using non immigrants visa like the tourist one

Edited February 25, 2013 by Andrea&Henry