Jump to content
amanda23

is this true? marriage with out k1

 Share

34 posts in this topic

Recommended Posts

I'll be honest, reading the above was EXTREMELY hard for me... the lack of punctuation was painful so I had to edit to make it more readable.

Responses in red above.

Again, the most important factor right now is where is your fiance/bf right now? In the US or UK?

he went back to the u.k he came to visit me again recently and i do apologize about that im not that great any more with spelling and stuff.. i know it's bad in time i will work on it.. and i have a bit of dyslexia i can't help it.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: China
Timeline

there are no lawyers that will speak to you at a USCIS immigration office. Keep that in mind, as yer seeking info.

You need to talk with an Immigration Official at a local USCIS office. and ask yer question there.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

he went back to the u.k he came to visit me again recently and i do apologize about that im not that great any more with spelling and stuff.. i know it's bad in time i will work on it.. and i have a bit of dyslexia i can't help it.

the spelling is fine, it's the lack of spaces so the ... actually really helps heaps!

Okay, so if he is not presently in the US then no, he cannot now enter and AOS. You should file the K1 visa for him. You can file that now, he can visit in the meantime (or he can not visit and instead save all his money for when he's here an unable to work for a couple of months).

Link to comment
Share on other sites

I'll be honest, reading the above was EXTREMELY hard for me... the lack of punctuation was painful so I had to edit to make it more readable.

Responses in red above.

Again, the most important factor right now is where is your fiance/bf right now? In the US or UK?

he went back to the u.k he has visited me recently

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

there are no lawyers that will speak to you at a USCIS immigration office. Keep that in mind, as yer seeking info.

You need to talk with an Immigration Official at a local USCIS office. and ask yer question there.

He is not in the US right now so AOS in the US is out of the question due to intent.

Link to comment
Share on other sites

the spelling is fine, it's the lack of spaces so the ... actually really helps heaps!

Okay, so if he is not presently in the US then no, he cannot now enter and AOS. You should file the K1 visa for him. You can file that now, he can visit in the meantime (or he can not visit and instead save all his money for when he's here an unable to work for a couple of months).

oh and sorry for the double reply having issues with my pc and also we have not even married yet.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

oh and sorry for the double reply having issues with my pc and also we have not even married yet.

That's fine. The K1 is for fiance/es. The K1 means you can file right now, tomorrow even if you wanted. Then when he gets the visa he enters the US, you have 90 days to marry, and then you file for his greencard. All perfectly legal.

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

As long as when the other person pays a visit here WITHOUT ANY INTENTION TO MARRY, then you can go with the option of Adjusting the Status (AOS) after the wedding. I have friends who have the same experience. They were just communicating via phone and chat when she was still overseas. Then when she decided to have vacation in the US, they decided to meet, became bf/gf and the guy proposed a month before her flight back to her own country. They got married and filed for Adjustment of Status. They did not have any problems and are now expecting their second child.

Again, if you can establish that there was no original intention to marry when the other person visits you here in the US, it is fine. AOS will give the person the legal papers to stay and work in the US plus the green card and then eventually the citizenship (should you choose to apply for it).

Hope this helps. :)

** We met unexpectedly while I was traveling in the US, got married and filed for AOS **

(AOS)

03.13.2013 - Mailed forms I-130, I-765 and I-485

03.23.2013 - Received NOA's for all three forms; all dated March 21; signed up for USCIS online case status update

03.28.2013 - Received Biometrics appointment for April 16; NOA dated March 26

04.16.2013 - Biometrics taken (No sweat! Only 1 person was before me)

05.01.2013 - Received email for update of case status that it's either scheduled or in line to be scheduled for the interview

05.03.2013 - Received letter for AOS interview appointment for June 7; letter dated April 29

05.23.2013 - EAD approval (email received and USCIS online case status indicated that card is already in production)

05.30.2013 - Received email that card has been mailed today

06.03.2013 - Received EAD in the mail (did not apply for AP since there is no immediate plans of traveling outside US)

06.07.2013 - AOS interview done. APPROVED!

06.13.2013 - Welcome letter received/approval of both I-485 and I-130. Also, got an update that GC is already in the mail.

06.15.2013 - Received GC in the mail!! ?

(Removal of Conditional Status)

05.01.2015 - Sent I-751 packet to California Service Center

05.07.2015 - Received NOA confirming receipt of packet

05.20.2015 - Received biometrics schedule

06.01.2015 - Biometrics taken

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

....but if you already are having a real relationship now, then the fiancé visa is your best option to petition him here and you got 90 days to get married once he gets back to the US with fiancé visa,

** We met unexpectedly while I was traveling in the US, got married and filed for AOS **

(AOS)

03.13.2013 - Mailed forms I-130, I-765 and I-485

03.23.2013 - Received NOA's for all three forms; all dated March 21; signed up for USCIS online case status update

03.28.2013 - Received Biometrics appointment for April 16; NOA dated March 26

04.16.2013 - Biometrics taken (No sweat! Only 1 person was before me)

05.01.2013 - Received email for update of case status that it's either scheduled or in line to be scheduled for the interview

05.03.2013 - Received letter for AOS interview appointment for June 7; letter dated April 29

05.23.2013 - EAD approval (email received and USCIS online case status indicated that card is already in production)

05.30.2013 - Received email that card has been mailed today

06.03.2013 - Received EAD in the mail (did not apply for AP since there is no immediate plans of traveling outside US)

06.07.2013 - AOS interview done. APPROVED!

06.13.2013 - Welcome letter received/approval of both I-485 and I-130. Also, got an update that GC is already in the mail.

06.15.2013 - Received GC in the mail!! ?

(Removal of Conditional Status)

05.01.2015 - Sent I-751 packet to California Service Center

05.07.2015 - Received NOA confirming receipt of packet

05.20.2015 - Received biometrics schedule

06.01.2015 - Biometrics taken

Link to comment
Share on other sites

That lawyer is telling you to commit visa fraud and saying you will be fine and it is OK to do it. It is not ok. You should not use this lawyer, she should be reported for this.

You can come visit in the USA and get married yes, but you have to go home after your visit is over and then file the I-130.

I don't think the OP gave enough info to label what the lawyer said as a visa fraud. Don't jump on conclusions. I'm no expert, but to my knowledge, what the lawyer said is true as long as the beneficiary didn't enter the US with a tourist visa with the intention to marry and stay.

Service Center : Vermont Service Center

Consulate : Prague, Czech Republic

I-129F Sent : 2009-07-15

Check Cashed: 2009-07-22

I-129F NOA1 : 2009-07-20

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2009-10-01

NVC Received : 2009-10-06

NVC Left :

Consulate Received :

Packet 3 Received : 2009-10-15

Packet 3 Sent :

Packet 4 Received :

Interview Date : 2009-12-15

Visa Received : 2009-12-16

US Entry :

Marriage :

AOS:

Event Date

CIS Office : Washington DC

Date Filed : 2010-07-26

NOA Date : 2010-08-06

RFE(s) :

Bio. Appt. : 2010-09-09

AOS Transfer** :

Interview Date :2011-01-07

Approval / Denial Date :2011-01-07

Approved : Yes

Got I551 Stamp : No

Greencard Received:

Comments :

Link to comment
Share on other sites

Filed: AOS (apr) Country: Serbia
Timeline

Let me just ask this, is your fiance British, was he born in a different country? I am asking this based on the language you use, it sounds like English may be your second language, based on which I am presuming your fiance also may be from a country other than the UK. I say this because you may be scrutinized a bit more than average if this is so. Please accept my apologies if I am presuming too much and getting you worried for no reason. I just thought this may be an importation variable in the equation.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Nigeria
Timeline

Let me just ask this, is your fiance British, was he born in a different country? I am asking this based on the language you use, it sounds like English may be your second language, based on which I am presuming your fiance also may be from a country other than the UK. I say this because you may be scrutinized a bit more than average if this is so. Please accept my apologies if I am presuming too much and getting you worried for no reason. I just thought this may be an importation variable in the equation.

OP states earlier in this thread she is a US-born citizen, and spelling/grammar errors are due to dyslexia. So what you suggest is not applicable in their situation.

Toni

 

07/17/2008.......WEDDING DAY!!!!
USCIS STAGE (for me):
06/09/2010.......SENT I-130 TO USCIS
06/15/2010.......NOA1 & RECEIPT DATE (CSC)
11/03/2010.......NOA2 Email received-APPROVED!!-141 days

NVC STAGE (for him):
11/08/2010.......NVC Case # Assigned
11/19/2010.......DS-3032 received via email
07/02/2011.......IV (DS-230) Package mailed//NVC Received-7/5/2011
07/14/2011........CASE COMPLETE!!!
07/15/2011........SIF!!!

EMBASSY STAGE (for us):
8/23/2011.........Medical-Part 1
8/24/2011.........Medical-Part 2(Completed!)
9/12/2011.........INTERVIEW @ 10:00AM - APPROVED!! (IR-1 Visa)

POE: DECEMBER 3rd, Washington, D.C. (IAD)!!!

1/10/2012........Green Card in Hand!
02/07/2012........Rec'd. Social Security Card

Naturalization Journey:

09-27-2016................Mailed N-400

11-03-2016................Biometrics

Notified 2/13/2017........2-8-2017.....Case Is In Line For An Interview

3/23/2017 @ 9AM......Interview

4/13/2017...................OATH CEREMONY!!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Russia
Timeline

Maybe others can correct me but you should be able to move to the UK, marry him there and apply for a CR-1 (visa for married persons), right? That way you could be together until you move to the US. This would be ok from the perspective of US law I think but might be a UK issue, I don't know. There is a forum for just UK citizens marrying US citizens, search for that I am sure they can help you on the details of US/UK law.

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline

i am a u.s a citizen i was born in the u.s

I have heard of people doing that and working for them. I am sure there are probably stories out there of people getting a ban. I think the hard part will be for your fiance to get into the country? He might be stopped by immigration and asked about the pending k1. Then, he would have to over stay his 3 month tourist visa and once you get your interview you will have to explain why you decided to get married while you had a K1 visa pending, etc....?

K1 Visa
Service Center: California
I-129f Sent: 08/3/2012
I-129f NOA1: 08/06/2012
I-129f RFE(s): NONE
I-129f Reply(s): NONE
I-129f NOA2: 04/23/2013
NVC Received:5/13/2013
NVC Left:
Consulate Received (Dublin, Ireland):
Packet 3 Received:
Packet 3 Sent:
Packet 4 Received:
Medical Exam:
Interview:
Visa Received:
US Entry:
Wedding:

Link to comment
Share on other sites

Hi do to the trouble i was having i decided to go to the immigration office my self and speak with a lawyer and i did she was very nice and all but im having trouble believing what she said if its true or not so i will ask you guys.

my lawyer said i can get married with out the k1 visa and then file for a Adjustment of status im hoping thats the right one. but i said but cant we get in trouble for doing that won't that be visa fraud and she replied. if he not paying you for a green card and you to really love each other and can prove it you will be fine. if this all real and not fake their isnt a problem and she said to come back to her to file the paper work. i said what about visa fraud and she repeated this all to me again. and i looked online and searched and found what she had said that if you ca prove that ti was done out of love as cheesy as that sounds and you can prove it you will be fine. she also said first step would be to get married and then come see her again. she said are case is strong and a good one that their shouldn't be a problem being his is from the u.k. i wan't to know if we can do this and it turn out right... becuase i find a 10 year ban serious.... here is the link to the place i went too. also she said shes dealt with cases like mine and that her son was dealing with the same issue and they always turn out fine.

http://www.diiri.org/ its called dorcas international institute of RI i have friends and family who say they are the best.

Being 'fine' is relative. Besides what has been posted about fraud..-meaning it is fraud no matter how you dress or lipstick it-, you would be taking a risk. While it is possible that AOS in fact proceeds, even if it does, it could come back and bite you later

This cases do NOT always turn out fine.

Would you be willing to risk being the 1 in a 100 or a 1000 that did not??

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...