K1 Process - is it a waste of time?

[GeeH 5]

I think getting married on a whim and staying isn't necessarily illegal, but it's true you are chancing your future as you can't go anywhere or do anything, such as work, until they fully believe you did it all legitimately. I would of just gotten married and returned and applied for CR1, which can be a lengthy process also but it's better then risking everything. In these situations they would probably be better off with a lawyer! We considered it ourselves but we wanted to make sure that, even though long, it would be legit and fully legal through the K1 process.

Lisa-O when did you send off for your AOS and other paper? I heard it only takes 60-90 days to get the work things sorted and your parole through, surprised you haven't heard anything yet?

Oh also maybe you can answer this also, when you get your visa and you enter the US, what is the actual process at POE?

Thanks!

[Andrea&Henry 311]

This topic always pisses me off cause all the people I know who made this (come with a tourist visa/wvn) they succesfully married and adjust without issues. I just DON'T buy the thing that you come here on a vacation and one day you wake wanting to get married, and stay knowing you can get out for at least 6 month or more. What about your job, your family, your documents, your money? I think its something you deliberate have to plan. And the worst part, is most of them complete within 3 to 5 month -_____- while me, adjusting from my k1 visa, took me 9 month! But how another member said, what you do with your morals is up to you. We're happy we did the right thing

This topic always pisses me off cause all the people I know who made this (come with a tourist visa/wvn) they succesfully married and adjust without issues. I just DON'T buy the thing that you come here on a vacation and one day you wake wanting to get married, and stay knowing you can get out for at least 6 month or more. What about your job, your family, your documents, your money? I think its something you deliberate have to plan. And the worst part, is most of them complete AOS within 3 to 5 month -_____- while me, adjusting from my k1 visa, took me 9 month! But how another member said, what you do with your morals is up to you. We're happy we did the right thing

Edited July 25, 2013 by Andrea&Henry

[phylsa 0]

You did well for yourself and you should be thankful to god. From what I understand it is not illegal to get married in the US on a tourist visa but it is illegal to do so with the intension to remain in the us after you do so and try to change status. there is no guarantee.. I read a post yesterday of a woman who did the same thing (got to the us got married and stayed and they never approved her documents and asked her husband to withdraw at their interview and despite her children going to school etc they are starting removal procedings on her) people take chances. U took the right road. I got Married in the US but I left and filed after I left and my husband and I are just going through the same motions to get to be together. I could have stayed but it was not the right thing to do. say praise the lord. I am saying praise the lord.

[HeatDeath 430]

The biggest problem with marrying and AOSing from a VWP, tourist visa, or Canadian tourist entry, is that you lose your right to appeal. When you do things properly (CR-1/IR-1 or K-1), you have a right to appeal should anything go wrong with your AOS. And these appeals are almost always granted. But you lose that right if you enter as a tourist.

It's not so much that the odds of success are much different - the vast majority of tourist entrant AOS processes succeed - but that the possible negative consequences are so much worse that it drives the risk up past what most people would consider acceptable, if they really thought about it.

[Harpa Timsah 13,258]

The biggest problem with marrying and AOSing from a VWP, tourist visa, or Canadian tourist entry, is that you lose your right to appeal. When you do things properly (CR-1/IR-1 or K-1), you have a right to appeal should anything go wrong with your AOS. And these appeals are almost always granted. But you lose that right if you enter as a tourist.

It's not so much that the odds of success are much different - the vast majority of tourist entrant AOS processes succeed - but that the possible negative consequences are so much worse that it drives the risk up past what most people would consider acceptable, if they really thought about it.

That's not true, actually. Only VWP loses the right to appeal. B2 and Canadian tourist retain that right.

[Stuart and Katie 13]

An old friend of mine married a US citizen under the VWP program and when I met my fiancee he advised me to do the same thing. How he got away with it I don't know,

it just sounds like the jammiest and most unlikely thing ever seeing how strict US immigration appears!

Anyways initially because I was so desperate to be with her I seriously considered doing the same and tried to persuade her, but thankfully she was smarter than that

and she correctly persuaded me that the K-1 is the way to go.

Yes the wait is punishing but now we're only a couple of weeks away from being together permanently and there's no doubt in our mind doing everything the

legal way was the right thing to do.

Stuart

[Henry&Rebecca 39]

Related to this topic because I've considered doing this as well (let's face it, the majority of people THINK of this option even if they decide to go the K1 route eventually, because it IS so much easier). I've read somewhere that if one enters on a VWP or a tourist visa and then gets married to a USC within 30 days of their entry, and then stays and attempts to adjust status, USCIS automatically decides that this was visa fraud without asking any questions. If the marriage takes place between 30 and 60 days of entry (via VWP or Tourist visa) then the applicant is allowed to make their case but USCIS still investigates for intent to visa fraud. If marriage takes place after 60 days, no assumptions for visa fraud are made.

[Harpa Timsah 13,258]

Related to this topic because I've considered doing this as well (let's face it, the majority of people THINK of this option even if they decide to go the K1 route eventually, because it IS so much easier). I've read somewhere that if one enters on a VWP or a tourist visa and then gets married to a USC within 30 days of their entry, and then stays and attempts to adjust status, USCIS automatically decides that this was visa fraud without asking any questions. If the marriage takes place between 30 and 60 days of entry (via VWP or Tourist visa) then the applicant is allowed to make their case but USCIS still investigates for intent to visa fraud. If marriage takes place after 60 days, no assumptions for visa fraud are made.

That's not true.

[Andrea&Henry 311]

I truly think it shouldn't be allow at ALL! If you want to get marry and stay follow the legal routes (k1 and CR1). Marrying and STAYING with a b2/WVP it's illegal, PERIOD. But if the gov keeps granting gc to this people, what's the message you are sending?. It should be ban and that's it

[Andrea&Henry 311]

I just DON'T buy you come to visit and you woke up wanting to marry, stay and leave all your family, friends, your job, documents and belongings like that!