K1 Process - is it a waste of time?

[Lisa-O 8]

Hey All,

So this is probably more of a rant than anything else, but I'm seriously disheartened by my situation! I started my K1 journey Jan 2012...approved Jan 13, married April 5th YAAAYYYYY. I moved to the US in March 13 after a long and stressful wait (as well all know!!). I'm currently waiting for my AOS, AP and EAD to be approved.

Now I have read on another members thread that said person came to the US on a holiday visa and 'decided to marry' there and then, and is merrily AOS-ing now...without any prior planning, paperwork etc...I mean no disrespect to this couple, but I'm dismayed at the struggle me and my husband have gone through and still are, to find out that this is allowed?

I may sound selfish or childish here, but there isn't any equality here is there?

Sorry if this comes across as bitchy or negative, just finding it hard not being allowed to work yet or visit my family

[RichieMMA 2]

I agree. It's whats is commonly called "taking the piss".

[Jose&Karolina 5]

That is seriously depressing

Edited July 24, 2013 by Jose&Karolina

[Lisa-O 8]

I agree. It's whats is commonly called "taking the piss".

Completely...I've well and truly thrown my toys out of the pram waaaaaa

That is seriously depressing

it's soooo depressing we'll get there in the end

[Lux44 15]

Yes you can come on the VWP and decide to get married.

Here is the issue though, it is illegal to enter the U.S. on any visa other than K1 with the intention to get married. So if you come here on the VWP and intend to marry and the authorities some how discover you came with the intention to marry then they will deport you even if you are already married to the U.S. citizen and you will have a ban placed on you.

I know this because I and my fiance nearly did this. One of the intelligent USCIS call center people said we could take this route no problem, but it was when I called U.S. customs and border control where an actual agent informed me that it would be illegal...

Now with that being said it is damn near impossible to determine that you came with the intent to marry, but it's better safe than sorry I guess...

[Jose&Karolina 5]

Completely...I've well and truly thrown my toys out of the pram waaaaaa

it's soooo depressing we'll get there in the end

my fiance is telling everyday that she is getting more and more upset everyday she cant be with me and its tearing me apart. this wait is unbearable.

[RichieMMA 2]

It all depends on who interviews you for your AOS as if you do it via the correct means you have nothing to worry about BUT if you say you did it on a VWP there is a strong chance you could get refused your AOS or at least have to investigate which adds more time on to there wait.

[Lisa-O 8]

my fiance is telling everyday that she is getting more and more upset everyday she cant be with me and its tearing me apart. this wait is unbearable.

I know exactly how she feels, I was in the same situation, it's a great feeling when you're approved, then the adventure begins. Like the above member stated it's always better to do it the right way!! The wait is hard, but stick with it

[Lisa-O 8]

Yes you can come on the VWP and decide to get married.

Here is the issue though, it is illegal to enter the U.S. on any visa other than K1 with the intention to get married. So if you come here on the VWP and intend to marry and the authorities some how discover you came with the intention to marry then they will deport you even if you are already married to the U.S. citizen and you will have a ban placed on you.

I know this because I and my fiance nearly did this. One of the intelligent USCIS call center people said we could take this route no problem, but it was when I called U.S. customs and border control where an actual agent informed me that it would be illegal...

Now with that being said it is damn near impossible to determine that you came with the intent to marry, but it's better safe than sorry I guess...

You're very right...I'm glad me and my husband have done it this way. Good luck with your visa

[lost_at_sea 995]

Ultimately, a couple who enters on a tourist visa, marries and adjusts is gambling with their future. If it is decided it was visa fraud, then they're screwed.

Doing things the right way is the best way to guarantee your long term life together. I think it's crazy that people are willing to gamble like that (and, often, I think some people don't even realise the severity of the ramifications should it all go wrong).

Edited July 24, 2013 by lost_at_sea

[Lisa-O 8]

Ultimately, a couple who enters on a tourist visa, marries and adjusts is gambling with their future. If it is decided it was visa fraud, then they're screwed.

Doing things the right way is the best way to guarantee your long term life together. I think it's crazy that people are willing to gamble like that (and, often, I think some people don't even realise the severity of the ramifications should it all go wrong).

I couldn't agree with you more

It all depends on who interviews you for your AOS as if you do it via the correct means you have nothing to worry about BUT if you say you did it on a VWP there is a strong chance you could get refused your AOS or at least have to investigate which adds more time on to there wait.

I'm glad I've done it this way, I was just shocked that it could be done that way

[NikLR 13,227]

I know I did everything by the book, so I am secure in the knowledge that my living in the USA is legal. What other people want to do with their morals is up to them.

[dwheels76 5,468]

Yes you can come on the VWP and decide to get married.

Here is the issue though, it is illegal to enter the U.S. on any visa other than K1 with the intention to get married. So if you come here on the VWP and intend to marry and the authorities some how discover you came with the intention to marry then they will deport you even if you are already married to the U.S. citizen and you will have a ban placed on you.

I know this because I and my fiance nearly did this. One of the intelligent USCIS call center people said we could take this route no problem, but it was when I called U.S. customs and border control where an actual agent informed me that it would be illegal...

Now with that being said it is damn near impossible to determine that you came with the intent to marry, but it's better safe than sorry I guess...

This is incorrect. It is not illegal to enter the US with intention of getting married. What is Visa fraud is entering to marry and stay. many couples want to get married in US do it the immigrant returns in due time no over stay and waits out the I-130 process. Even some come back and forth throughout the process.

So long as you have no intention of staying its cool. But of course its up to that CBP to decide if they trust you enough to let you stay.

[Lisa-O 8]

I know I did everything by the book, so I am secure in the knowledge that my living in the USA is legal. What other people want to do with their morals is up to them.

I was angry, but on reading what others' have said, I've come to the same conclusion, that I know we did it the right way.

I would be interested to see what the percentage of couples are passed using this method? *investigates*

[del-2-5-2014 1,339]

Completely...I've well and truly thrown my toys out of the pram waaaaaa

it's soooo depressing we'll get there in the end

I love that