Tourist Visa Marriage

[Kez/JWolf 6]

Yes you are right Christina was already in this country.... but having filed for a K1 and coming here on a tourist visa/VWP and then deciding to get married and remain whould not stop you doing AOS... to be able to do AOS you have to have been inspected and admitted to the USA legaly... if you the change your mind and just get married then the fact you already had filed for a K1 would not be held against you..

Now what the OP is saying they are wanting to do would be visa fraud not because they had a pending K1 but because they would be entering the USA with the intent of circumventing the immigration laws..

Kez

[ChristinaM 0]

LMAO

Ok, so you all got my life story. Yes, I was in the US when the K1 was filed, and did not return to the UK at any point between filing the K1, withdrawing the K1, getting married, filing the AOS and receiving the green card.

I agree with Kezzie - the problem would not be a filed K1. Plenty of pending K1 recipients visit their fiance in the US whilst processing. Some get through the POE, some do not.

The burden of proof (both at the POE and for a tourist adjuster) falls to you, the petitioner and beneficiary. USCIS do not have to prove that you did have intent to immigrate when you entered as a visitor, but you have to be able to prove - if asked - that you did not. This is typically done by a lack of "tidying up" in the home country, for want of a better way of putting it. If you turn up with seven suitcases, the cat and the kitchen sink in tow, you will most likely not be accepted into the US under VWP or B2 status!!

For the OP, file the K1 and be done with it. Yes, you will be apart a little longer. However, planning an entry on a B2 for the purpose of immigrating means 1) a material misrepresentation at the POE (ie. lying to the border patrol people), 2) taking the chance that the entry will be denied and your plans will be shot to pieces anyway and 3) creating a potential burden of proof for yourselves that is just not worth the hassle.

Please note: although I am a successful VWP adjuster, I would never advocate visa fraud, lying or doing something downright stupid and/or illegal.

[Miranda&James 8]

Yes you are right Christina was already in this country.... but having filed for a K1 and coming here on a tourist visa/VWP and then deciding to get married and remain whould not stop you doing AOS... to be able to do AOS you have to have been inspected and admitted to the USA legaly... if you the change your mind and just get married then the fact you already had filed for a K1 would not be held against you..

Now what the OP is saying they are wanting to do would be visa fraud not because they had a pending K1 but because they would be entering the USA with the intent of circumventing the immigration laws..

Kez

Well, I did put that's what one would assume, which we all know isn't true, and I hadn't heard of people being able to do this and get away with it so I didn't know it would be allowed. Personally I disagree with doing it but I'm not the one who makes the rules and can't speak from personal experience of deciding to spontaneously get married and the factors that might push you to do this