Is a K1 Visa necessary?

[Rygnar 0]

Hello,

I'm new to this website and I haven't had much luck finding answers to my questions. I'm sorry if this is a redundant post.

Is it necessary to get a K1 visa? Or, can I just marry my girlfriend while she is here on an ESTA visit?

My Japanese girlfriend would like to move to Denver to be with me in October, and I don't know the best way to make that happen. If it's necessary, do we even have a chance of getting a K1 before October?

[lost_at_sea 995]

Yep. It's necessary for you as you have intent to marry and stay.

You're legally allowed to marry in the US on ESTA, but you're not allowed to then *stay* and adjust your status. The reason is that ESTA/VWP is solely for the purpose of *tourism* not marriage with intent to immigrate in one stay, if that makes sense? It would be legit if she visited, you decided on a whim to marry, and then adjusted her status, but since you have clear intent to marry and have her stay in the US then that would be visa fraud to do so on a tourist visa.

The I-129f for K1 is straight-forward, but it is long. You will not be complete by October. Here's the guide: http://www.visajourney.com/content/k1guide

It's not clear from your post - but if you have not yet met, you must do before filing the petition. Having physically met is a prerequisite of the I-129f/K1 (within 2 years prior to filing).

There is an alternative. She can visit the US, marry you, and then return to Japan while you process the I-130 for CR-1 petition. This would be the guide for that: http://www.visajourney.com/content/i130guide1

Edited July 3, 2013 by lost_at_sea

[Cathi 5,763]

ugg....sorry..I misread, You will have to file an i129f for a k1 on her behalf and she will have to return to her country for the interview. Or you can marry her and file an i-130 for cr1, but she must return to Japan for the process to complete. The process for both visas is anywhere from 6-9 months start to finish. So, no there is no way for you to get her a k-1 or cr1 before October.

Edited July 3, 2013 by mimolicious

[lost_at_sea 995]

the only way for her to stay is for you to marry her. As long as there was no intent to marry before she arrived she can adjust status

The OP clearly already has stated they have intent for her to stay after marriage, so they should do the K1. "My Japanese girlfriend would like to move to Denver to be with me in October"

Intent to marry is entirely legal. It's the intent of staying that is not.

Edited July 3, 2013 by lost_at_sea

[Cathi 5,763]

The OP clearly already has stated they have intent for her to stay after marriage, so they should do the K1. "My Japanese girlfriend would like to move to Denver to be with me in October"

Intent to marry is entirely legal. It's the intent of staying that is not.

sorry I misread the original post...my bad

[Bugs 455]

No, you two can get married while she is here on a tourist visa, but she has to go back. To get her here permanently, you will need either a CR-1 visa (if you two are already married) or a K-1 visa (if you decide to wait to get married).

[C-ma'am 684]

**Post moved to General Immigration Discussion

[Rygnar 0]

Thank you all for your quick replies! I really wasn't expecting that! I'm sorry that I didn't reply sooner. I just got back from camping.

Your answers are very helpful. I also found this resource - http://www.hooyou.com/i-485/eligible.html

[d3adc0d3 186]

Hello,

I'm new to this website and I haven't had much luck finding answers to my questions. I'm sorry if this is a redundant post.

Is it necessary to get a K1 visa? Or, can I just marry my girlfriend while she is here on an ESTA visit?

My Japanese girlfriend would like to move to Denver to be with me in October, and I don't know the best way to make that happen. If it's necessary, do we even have a chance of getting a K1 before October?

If your foreign girlfriend/fiancee enters the U.S.A. on a tourist visa with the intent to immigrate that is visa fraud and they can ban her from ever entering the U.S.A. again.

There are two types of visas which apply to your situation. The K1 Fiance/Fiancee visa, and the CR-1 spousal visa.

The K-1 visa application is typically processed in 5-8 months, depending on service center and processing times. This is typically the fastest way to immigrate your intended to the U.S.A.

The CR-1 visa can take anywhere from 5 months to years, depending on the circumstances.

The K-1 visa process tends to go like this:

• Apply for K1 visa (petition)
• Get response of its acceptance in about 2 weeks (Notice of Action 1 aka NoA1)
• Wait 5+ months
• Get response of Request For Evidence (RFE), or acceptance/denial (NoA2)
• If approved, your case is forwarded to National Visa Center (NVC) for review and processing (usually takes about 2 weeks if there are no issues)
• Case forwarded to beneficiary's local embassy/consulate for interview scheduling (if NVC finds no issues)
• Packet sent from embassy/consulate to beneficiary, this often contains a list of documents that you'll need to bring with you for the interview and instructions/payment options/etc. The interview is typically scheduled between 4-8 weeks from when the packet was sent to the beneficiary.
• Interview -- this is where you get your visa approved/denied/request for more paperwork/etc.
• Visa received -- this can either be handed to you at the consulate/embassy (not often), mailed to you via courier, or in some countries picked up at your consulate/embassy.
• Immigrate to the US.

From the timelines I've seen for people who've gone through the process it typically takes 8 months to a year from the point of acceptance for your I-129F to your Date of Entry on the K1 visa.

Once you enter on your K1 visa you will have to marry within 90 days of your beneficiary's date of entry on the K1 visa, and you'll need to file for an Adjustment of Status (AoS), this can be done at any time after your marriage, however your spouse will not be able to work or travel outside of the US until you adjust her status. If you are granted her AoS prior to being married for 2 years, she will need to apply for a Removal of Conditions (RoC) in 5 years, as she'll be granted a "Conditional Green Card". If you're granted her AoS after the 2 years of marriage this will not be an issue.

I don't know enough about the CR-1 process to help you there.

I am still kinda a newbie myself, so if I'm wrong any senior VJ'er please correct me.

Edited July 9, 2013 by d3adc0d3