Engaged in US on tourist visa. Apply for AOS or K1 Visa?

[SpaceNeedle 0]

Hello everyone on VisaJourney,

I just got engaged to my finance (a US citizen) 2 days ago while visiting him in Hawaii for the 6th time since I met him last July

I have a 10 years R B1/B2 tourist visa valid until 2018 and have traveled to the US over 20 times before I met my fiance.

I currently live in Canada but I am a Thai citizen.

When I crossed the border at the airport, the customs officer asked me the intention of my visit.

I replied that I am visiting my boyfriend for a week.

The custom officer removed the I-94 from my passport (which is valid until September 2014) and did not give me a new one. (Is that normal?)

The previous times I crossed the border, the customs officer never removed the I-94.

I have a flight booked to return to Vancouver this week.

Our plan is for me to enter the US again on my tourist visa in the next few months, get married, return to Canada to prepare for my move, come back on the tourist visa and apply for Adjustment of Status in the US.

We thought this would be great since the processing time is shorter compared to the K1 Fiance visa option.

But upon researching more on this site, I realized that entering the US with tourist visa with the intention to get married could be considered fraud regardless of the fact that I have been traveling to US for years.

"You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US."

We are planning to consult an immigration attorney this week but wanted to get some opinions on this forum.

So my questions are these:

- Am I able to re-enter the US again on tourist visa for my wedding, return to Canada, re-enter again on the tourist visa and apply for AOS?

Or would I not be allowed to enter since they are afraid I might not leave?

- Should I leave the US, and we file for K-1 Visa instead?

- For someone who got engaged to a US citizen while visiting on a tourist visa, what would be the right circumstances appropriate for AOS?

Any tips or suggestions would be greatly appreciated.

I apologize in advance if the answers to my questions are already available somewhere else on this website.

Thank you!

[aaron2020 11,651]

So my questions are these:

- Am I able to re-enter the US again on tourist visa for my wedding, return to Canada, re-enter again on the tourist visa and apply for AOS?

Or would I not be allowed to enter since they are afraid I might not leave?

It's illegal to enter the US on a non-immigrant tourist visa with the preconceived intent to immigrate by adjusting status. If you tell US CBP that you plan to adjust status after entering the US, you will not be allowed into the US.

However, US laws also states that preconceived intent alone is not a valid reason to reject the AOS of an Immediate Relative of a USC as long as the person did not lie when entering the US.

- Should I leave the US, and we file for K-1 Visa instead?

Up to you. This is an option as long as you are single. A married person cannot get a K-1.

- For someone who got engaged to a US citizen while visiting on a tourist visa, what would be the right circumstances appropriate for AOS?

1. Entered the US without the preconceived intent to immigrate.

2. Did not lie when entering the US.

Any tips or suggestions would be greatly appreciated.

I apologize in advance if the answers to my questions are already available somewhere else on this website.

Thank you!

The correct way is to file for a K-1 if you are single, or a spousal visa if you are married.

You can attempt your short cut, but good luck to you at the POE and when filing to AOS. I wouldn't make this choice.

[Penguin_ie 5,993]

Aaron is correct. Don't jeopardise your future by comitting immigration fraud. You can visit during the process of getting a K1 fiance visa or CR-1 spousal visa, but you cannot enter with your tourist visa with the intent to do AOS, that is visa fraud.

[SpaceNeedle 0]

Thank you Aaron2020 and Penguine_ie very much for your reply

We will research more information on into getting a K-1 or CR-1.

[Ning 619]

Hello everyone on VisaJourney,

I just got engaged to my finance (a US citizen) 2 days ago while visiting him in Hawaii for the 6th time since I met him last July

I have a 10 years R B1/B2 tourist visa valid until 2018 and have traveled to the US over 20 times before I met my fiance.

I currently live in Canada but I am a Thai citizen.

When I crossed the border at the airport, the customs officer asked me the intention of my visit.

I replied that I am visiting my boyfriend for a week.

The custom officer removed the I-94 from my passport (which is valid until September 2014) and did not give me a new one. (Is that normal?)

The previous times I crossed the border, the customs officer never removed the I-94.

I have a flight booked to return to Vancouver this week.

Our plan is for me to enter the US again on my tourist visa in the next few months, get married, return to Canada to prepare for my move, come back on the tourist visa and apply for Adjustment of Status in the US.

We thought this would be great since the processing time is shorter compared to the K1 Fiance visa option.

But upon researching more on this site, I realized that entering the US with tourist visa with the intention to get married could be considered fraud regardless of the fact that I have been traveling to US for years.

"You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US."

We are planning to consult an immigration attorney this week but wanted to get some opinions on this forum.

So my questions are these:

- Am I able to re-enter the US again on tourist visa for my wedding, return to Canada, re-enter again on the tourist visa and apply for AOS?

Or would I not be allowed to enter since they are afraid I might not leave?

- Should I leave the US, and we file for K-1 Visa instead?

- For someone who got engaged to a US citizen while visiting on a tourist visa, what would be the right circumstances appropriate for AOS?

Any tips or suggestions would be greatly appreciated.

I apologize in advance if the answers to my questions are already available somewhere else on this website.

Thank you!

" Our plan is for me to enter the US again on my tourist visa in the next few months, get married, return to Canada to prepare for my move". That much of your plan is legal. Following the marriage file for the C R 1.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to What Visa Do I Need - OP considering what visa path to take ~

[Ontarkie 14,227]

As you are in the US right now and had no plans to stay when you entered you can get married now and AOS, but if you leave that option is no longer available as you now have plans to move.