A lawyer told me this??

[Phoenix_m 0]

I asked about getting a K1 fiancée Visa & mentioned she has a current B1/B2 visa valid until 2009 She (lawyer) said

"If your girlfriend (not fiancee) enters the US on a tourist visa and you wait atleast 60 days to marry her, then you can do the marriage-based green card application immediately without the need for the fiancee visa. A lot of my clients are in this group. You will have saved about $1200 with out the need for the fiance visa."

So what do you think I'd hate for my new wife to be deported because I listened to bad advice?

[aussiewench 9]

From US Embassy Australia website, but it would apply to all countries.

11. (Q) MY LAWYER IN THE U.S. HAS TOLD ME TO APPLY FOR A TOURIST VISA, AND THEN APPLY FOR IMMIGRATION OR ADJUST MY STATUS AFTER I ARRIVE. CAN I DO THAT?

(A) Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

The 60 day rule is not a prerequisite of USCIS, but a general rule of thumb advised by many immigration attorneys from what I can tell.

[raphael7546 0]

Well, technically thats true. BUT ...... If she enters with a B2 with the intention of marrying you AND staying then thats Visa fraud.

If on the other hand , she came to the states on an extended vacation, hadn't met you before and then by chance meets, falls in love and marrys you and stays then thats considered " without intent". Its a very Grey line.

The problem arises when you go to adjust status. They "might" question that.

Some people have managed to do this without problems. There is always the chance of being denied at the AOS interview stage. It really depends on what you consider is worth taking a chance.

Also, depending where she's comming from, they "might" question her upon entrance at the POE. If they ask her what her purpose of her trip is and she says to "visit her fiance" she might encounter more questioning and she definetly doesn't want to lie to the POE officer. If they found she lied about her intentions, They could even ban her for up to 10 yrs.

A K-1 really isn't all that long to wait for and then your pretty much guarenteed no problems. Check out the "Guides" tabs at the top of the page to get an idea of how long it takes.

Good luck with whatever disicion you choose.

[aussiewench 9]

In addition to what I previously posted.

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

http://uscis.gov/graphics/howdoi/LPReligibility.htm#a

All the best to you.