is this true? marriage with out k1

[dwheels76 5,468]

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.

This is a very incorrect statement. You can have all the intent you want to marry. It's the intent to marry and immigrate that people are stating as visa fraud.

many couples marry and the immigrant goes back to their country and waits out the process.

[Brit Abroad 166]

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.

Britain also has a process for getting the equivalent of a resident's visa (called "leave to remain"). It's a shorter process, but you are scrutinised just as thoroughly and you are vetted for financial stability as you are unable to take advantage of social security for a minimum period. What you CAN do, is to visit the UK for a period of up to 6 months (that's 3 months longer than the US visitor visa).

Given that you wish to live in America, you have two options in front of you:-

1. File for a fiance visa (K1)

2. Next time your fiance visits, get married and have him return to Britain and file a spouse visa (CR1)

It would be inappropriate and illegal for him to come to the US on a visitor visa (VWP), marry and attempt to adjust status and stay. The lawyer has given you advice that she thinks you want to hear. Once she receives your money she doesn't care if your fiance is deported and gets a lifetime ban. YOU do, so do it properly. If you're going to spend a lifetime together (and that's the intent of marriage) then waiting a year to be together is a relatively small chunk of time. Meanwhile, both of you start saving so you have a financial cushion once you are able to legally live together.

Best of luck to you.

Edited April 4, 2013 by Brit Abroad

[Kathryn41 3,205]

It is a violation of the Terms of Service for Visa Journey for any member to advocate or support illegal immigration activities or immigration fraud. Several posts advocating immigration fraud have been removed. Any more posts violating this TOS will also be removed and the poster thread-banned.

~~~~~~~~~~~~~~~~~~~Moderator's hat off ~~~~~~~~~~~~~

Amanda,

We all know what it is like to meet that special someone and want to get married. We all know what it is like to want to be together NOW and get on with our lives together. Unfortunately, when you meet someone from a foreign country, the relationship doesn't proceed like the one with the boy or girl 'next door'. A third party enters your relationship - USCIS (immigration) - and unfortunately, they will play a far bigger role in the first years of your life as a couple than anyone of us wants and none of us adequately anticipates.

You don't want to fool around with any immigration rules or officials. They have the ability to make your life extremely uncomfortable or unhappy. Instead of trying to find a way to 'break' the rules and pretend this is a 'normal' relationship, you will be further ahead to learn all you can about the immigration process. You really have to think of the long-term picture here, not just the immediate gratification of the present (oh yes, we all want that too!). The K-1 is only the start of a multiple year immigration journey and there are potential road blocks or problems for the uninformed. The more you know about the process involved, the more likely you will be to have a smooth journey. A smooth journey is also usually the fastest.

A lawyer is not always necessary, and a lawyer who gives you advice such as the one you quoted, is a liability who may end up getting you into a situation where you put your future happiness at risk. As mentioned above, she is telling you what you want to hear, but she is not telling you the truth, and that is a disturbing fact. Of course, she won't be the one experiencing the consequences of immigration fraud it if comes back to haunt you. You may get away with it, it's true - but there is no statute of limitation on immigration fraud. It can come back to haunt you any time for the rest of your lives, even after your partner becomes a citizen.

If this is the man you love and with whom you want to spend the rest of your life, then he is obviously important enough to you for you to do the right thing and follow the legal immigration process.

None of us want to be separated from our loved ones and we all wish this process were faster and more efficient. But, in the end, by doing it the 'right' way we can all rest assured that USCIS isn't going to come back and haunt us in the future.

Please read up on the various processes involved, including the K-1. There are responsibilities you as the US citizen must fulfill (including financial sponsorship) and there are criteria the foreign partner must satisfy - (security, medicals, interview, etc.). The more you know, the more you will be in control of the situation and the better you will be able to cope with the challenges. Experiencing an immigration journey with a loved one is not for the weak of heart.

Edited April 4, 2013 by Kathryn41

[nadya_mb20 1]

This is a very incorrect statement. You can have all the intent you want to marry. It's the intent to marry and immigrate that people are stating as visa fraud.

many couples marry and the immigrant goes back to their country and waits out the process.

I agree. I was not that clear by not mentioning the "migration" part.