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Filed: Timeline
Posted

Hi all,

Here is a brief summary of my situation. My girlfriend and I have been together for three and a half years. She is Italian, I am American. She has been working here in the US over the past two years on a J-1 and an H1B visa. Six months ago we both left our jobs and traveled the world. A few days before returning the US for Christmas, I proposed and we got engaged. Currently, my fiance is in Italy and I am back in the states.

We're now looking into the best way to legitimize our engagement or make it official with a marriage. We've researched the K-1, but neither of us love the idea of spending 6-8 months apart waiting for the process to play out. Another option we see is to have her come to the US on a tourist visa and get married while she is here. We understand that we will likely need to hide our engagement and may have to lie about our intentions.

Does anyone have experience with a similar situation and have some advice to give? Obviously we want to be together as soon as possible, but we dont want to jeopardize any long term plans to live in the US together.

Thanks for the help!

Filed: Country: Monaco
Timeline
Posted

Hi all,

Here is a brief summary of my situation. My girlfriend and I have been together for three and a half years. She is Italian, I am American. She has been working here in the US over the past two years on a J-1 and an H1B visa. Six months ago we both left our jobs and traveled the world. A few days before returning the US for Christmas, I proposed and we got engaged. Currently, my fiance is in Italy and I am back in the states.

We're now looking into the best way to legitimize our engagement or make it official with a marriage. We've researched the K-1, but neither of us love the idea of spending 6-8 months apart waiting for the process to play out. Another option we see is to have her come to the US on a tourist visa and get married while she is here. We understand that we will likely need to hide our engagement and may have to lie about our intentions.

Does anyone have experience with a similar situation and have some advice to give? Obviously we want to be together as soon as possible, but we dont want to jeopardize any long term plans to live in the US together.

Thanks for the help!

What you propose to do is considered immigration fraud. Being away sucks but the K-1 is the fastest route for you guys. With a K-1 visa she can enter the US with the purpose of marrying you and staying - all legal, nothing to hide and with no need to lie. All in the open.

Ultimately the decision is yours. Congrats and good luck whatever you decide.

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www.ffrf.org




Posted

Would you rather be separated for the 6-8 months it takes to process a K1 visa, or separated permanently after she's deported for immigration fraud?

07/19/2011 - Met while we were both working in Kuwait

03/18/2013 - I left Kuwait at the end of my contract and returned to the States

07/19/2013 - Got engaged!

09/24/2013 - Mailed in the I-129F packet to TSC

10/01/2013 - Received NOA-1

11/05/2013 - Received NOA-2

12/02/2013 - NVC receives the paperwork

12/03/2013 - Case number assigned

12/06/2013 - Case shipped to embassy

12/29/2013 - Case received by embassy

01/02/2014 - Interview scheduled for January 15th

01/07/2014 - Medical exam

01/11/2014 - Interview pushed back to January 22nd

01/22/2014 - Had the interview, was put into AP pending more documentation

01/26/2014 - Visa approved!

03/18/2014 - She entered USA

04/04/2014 - Married!

05/01/2014 - Filed AOS

05/09/2014 - AOS NOA

06/05/2014 - RFE for tax returns I didn't have when we filed

07/06/2014 - Biometrics appt in STL

08/13/2014 - The dreaded NPIW letter

04/25/2015 - E-mail notification of Green Card Approval!

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Another option we see is to have her come to the US on a tourist visa and get married while she is here. We understand that we will likely need to hide our engagement and may have to lie about our intentions.

The above is an absolute nonstarter, what you are suggesting is visa fraud AND material misrepresentation. A finding of material misrepresentation will result in a permanent ban from the US with no waiver.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I'm not going to repeat what other have said about this being fraud. If you read the forums and guides carefully, as well as the wealth of information on the internet, you would see that what you are considering doing is illegal.

"but neither of us love the idea of spending 6-8 months apart"

This is what really irritates me. No one loves the idea of being apart from their fiance/spouse but that's unfortunately what it takes in order to pursue the correct visa. Don't commit fraud on the basis that you can't stand to be separated due to to visa processing length, what makes your separation so much more difficult than others?

Please read the guides on K-1 visas and CR-1 visas. There are pros and cons to each and you may find yourself pleasantly surprised with current wait times for a fiance visa. But lying and misrepresentation in order to fool CBP is not the answer.

K-1 Process:

09/03/13 - NOA1

10/22/13 - NOA2

02/25/14 - Visa Interview - Approved!

03/03/14 - Visa Received

04/08/14 - US Entry

06/05/14 - Wedding

AOS Process:

07/02/14 - NOA1s received for I-485, I-765 and I-131

07/23/14 - Early walk-in for Biometrics

09/04/14 - EAD Card Approved!

09/11/14 - EAD Card Received

02/27/15 - Greencard Approved!
03/12/15 - Greencard Received!
ROC Process:
02/07/2017 - NOA1
03/09/2017 - Biometrics
02/15/2018 - Extension Stamp in Passport at Local Office
...currently waiting...
Posted
Another option we see is to have her come to the US on a tourist visa and get married while she is here. We understand that we will likely need to hide our engagement and may have to lie about our intentions.

If your fiancee is here with you in the US, whether its by a tourist visa or a K-1, there is no problem to get married. The problem comes when your fiance decides to stay and adjust status. Because of the statement you made here, you made it publicly known your intentions in the case your fiancee comes in on a tourist visa and decides to stay and adjust status. She risks (and is likely to receive) a permanent ban.

Now, I know you don't want to do anything illegal so these are your options (since from your post I assume you are deciding between marrying on a K-1 or tourist visa):

Enter the US on a K-1 visa:

  • Get married
  • File adjustment of status

Enter the US on a tourist visa:

  • Get married
  • File petition for spousal visa
  • Your new wife leaves the US by the expiration in her I-94
  • Your new wife returns to the US either to visit by a tourist visa, or with a CR-1 visa
  • No need to adjust status, she will get her green card shortly after she arrives on a spousal visa

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

The best route to take would be a K-1 fiancee visa. or you can get married in her country and file for a CR1 visa given that you were already engaged before starting the process. Everyone had to go thru the process of being apart - and I would personally prefer to wait out 6-8 months than jeopardize the chance of being together for good.

If and only if the situation was different in a way that the proposal/engagement and marriage took place spontaneously while your fiancee was on a tourist visa and you can prove it so, then an adjustment of status would work. But if your intention is to cut corners, one way or another they will find out and that would constitute visa fraud - totally not worth taking that shortcut!

Besides, not all applications move as fast or as slow as everyone else's. My applications took 2-3 months faster than the expected time frame.

  • I-130 petition for alien spouse timeframe = 8.7 months NBC, approved in 3 months and 10 days from date of application receipt
  • I-485 adjustment of status timeframe = 6.0 months Chicago IL, approved in 3 months and 10 days from date of application receipt
  • I-765 employment authorization timeframe = 3.0 months NBC, approved and received card in 2 months and 13 days from date of application receipt

It all depends on whether you can provided all the necessary paperwork upon application and how fast you respond when they ask for additional information.

Edited by rva080813
 
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