got married while waiting for k1 visa

[kehills 217]

OP should not leave the USA until they have their advance parole.

That was my point, yes. ...how likely is it that someone "decided" to get married while on a visit and doesn't have things that they have to return to in Chile? Seems either rash or premeditated.

[JohnR! 5,495]

That was my point, yes. ...how likely is it that someone "decided" to get married while on a visit and doesn't have things that they have to return to in Chile? Seems either rash or premeditated.

That however is something the USCIS should assess, not anyone here, to be sure. Something about stones and glass ceilings....

[NikLR 13,232]

That was my point, yes. ...how likely is it that someone "decided" to get married while on a visit and doesn't have things that they have to return to in Chile? Seems either rash or premeditated.

Happens all the time on VJ and people always claim innocence. Either way it's not my place to judge. All I can just say it's illegal to do premeditated and if you're caught then you have yourself a lifetime ban.

[kehills 217]

I don't recall judging. I do recall saying I hoped that the new spouse had plenty of time to hang out not returning to Chile.

Edited August 11, 2014 by kehills

[Mike&Lin 39]

I assume they also considered that the need to file the I-130 and I-485 is going to cost $1490 total and they essentially tossed the original $340 fee for the I-129F in the fire.

[nobbie 105]

When I was visiting on a K1 I was told to "make sure you don't get married while you are here" at POE.

[DELETED999 10]

Hi,

Back in January we started the K1 visa process, after many months of being apart I decided to visit my fiancee, so I went to the US with my old tourist visa. After a month we decided we could not be apart anymore so we got married. Now the problem is that we have no idea what to do next.

Do I have to leave the US? do I have to hire a lawyer, Am I going to be deported??

Thank you

Yes, you have to return since you came here with visitor's visa, not fiance or spousal. You have to return before visitor's visa expires, or it will count again you when you do decide to stay here legally and may cause you problems down the line.

I also considered cancelling my K1 petition and just getting married overseas, but I refrain due to the waiting from ground zero again, along with withdrawing the K1 petition, and sending in new documents.

So, rash move for sure, especially when you were almost there. I'd speak to a lawyer since issue is more complicated now.

[MacUK 983]

Yes, you have to return since you came here with visitor's visa, not fiance or spousal. You have to return before visitor's visa expires, or it will count again you when you do decide to stay here legally and may cause you problems down the line.

I also considered cancelling my K1 petition and just getting married overseas, but I refrain due to the waiting from ground zero again, along with withdrawing the K1 petition, and sending in new documents.

So, rash move for sure, especially when you were almost there. I'd speak to a lawyer since issue is more complicated now.

Totally inaccurate, wether it's right or wrong the system allows people to have miraculous changes of mind the second after they get through POE.

The AOS process allows people to stay in the US, it even forgives overstays.

[Boiler 46,316]

Totally inaccurate, wether it's right or wrong the system allows people to have miraculous changes of mind the second after they get through POE.

The AOS process allows people to stay in the US, it even forgives overstays.

Absolutely, as has been mentioned several times on this thread.

[LiliBurd 85]

My question is how do they know it was premeditated or not? It's easy to say we got drunk and stupid and decided to get married. Do they ask for proof? Not only that but most people have lives back home. I could not imagine myself visiting my fiance for 2 weeks and then not having to go back home I mean I have to bring all my shoes with me for crying out loud This just doesn't make sense!

[Boiler 46,316]

It is only an issue among certain posters on VJ.

Couldn't you get them trucked over?

[ChicagoSarah 127]

My question is how do they know it was premeditated or not? It's easy to say we got drunk and stupid and decided to get married. Do they ask for proof? Not only that but most people have lives back home. I could not imagine myself visiting my fiance for 2 weeks and then not having to go back home I mean I have to bring all my shoes with me for crying out loud This just doesn't make sense!

[r060106 109]

Totally inaccurate, wether it's right or wrong the system allows people to have miraculous changes of mind the second after they get through POE.

The AOS process allows people to stay in the US, it even forgives overstays.

The system is totally broken. It's appalling to me how cases like these are totally fine according to the law, but the rest of us have to suffer and wait for our spouses/fiances. It's really quite upsetting we can't get the same treatment. I'm not bashing the OP for going this route, as it's legal and fine, but am expressing discontent with the system.

Edited August 11, 2014 by r060106

[aaron2020 11,651]

Happens all the time on VJ and people always claim innocence. Either way it's not my place to judge. All I can just say it's illegal to do premeditated and if you're caught then you have yourself a lifetime ban.

False.

Spouses of US citizens are not going to get lifetime bans.

Preconceived intent to immigrate is almost a non-issue for an Immediate Relative of a USC.

[LiliBurd 85]

kind of shocked. Whenever discussing my upcoming move to the U.S and our wedding most people, Americans just as much as Canadians, think we can just get married in the US and be over with it. I always tell them they are wrong, that this is not legal and not the way to do it. I've basically been lying to them! So lets say hypothetically I go visit in December, get through customs fine like I always do, prepared with proof that I am coming back to Canada. And then we go on a cruise and are overtaken by an unstoppable desire to become husband and wife right then and now. We can get married and I can stay there and live happily ever after without ever being considered illegal? Afterwards, do you go through the regular IR-1/CR-1 visa, or just AOS as if you had entered with a k-1? I need to stop lying to people!