question about the whole visa process?

[sharky 2]

Hey guys,

This is just a general question in relation to the whole "applying for a visa to settle in America" issue.

I have applied for a K1 fiance visa, and we are going through the correct and legal channels, with the invaluable help of all the colleagues here on VJ...

however is it just me or are there other people on here that have heard of cases where a person has entered the US on a tourist visa and before the visa expired, they got married in the US. Then I learned thay they were allow to STAY in the USA, and then apply for the whole greencard thing etc... effectively "jumping" the whole stressful process of the K1/K3 visa by going straight to the AOS stage???

Is this correct or am I just getting this all wrong? I have heard of many cases like this!

Don't get me wrong, I am not advocating doing this, as far as I am concerned it's best to stick within the rules when it comes to the US immigration services................

however do people do this?

[JubJub 0]

Your scenario is possible. However it is by no means "jumping the queue". It is far more stressful than the K1 visa process I believe. For one, you may have to deal with disproving that you had a pre-conceived intent to marry and remain to adjust status. Also, if something comes up in your 485, you could be subject to deportation without many of the "rights" you have under K1. You still need to do the medical, the fingerprinting, the proof of genuine marriage etc.

If you enter the USA with the intent to marry and remain, that is illegal. If you enter the USA, and then decide to get married on the "spur-of-the-moment", than that is legal. The onus is still on you to prove that however.

[john_and_marlene 162]

It is allowed to adjust status directly from some non-immigrant visas if the decision to marry and adjust was made AFTER they were already in the U.S.

It is not legal to use a visitor visa for the purpose of coming to get married and adjust status.

[sharky 2]

It is allowed to adjust status directly from some non-immigrant visas if the decision to marry and adjust was made AFTER they were already in the U.S.

It is not legal to use a visitor visa for the purpose of coming to get married and adjust status.

Yes I realise it is not legal............ but let's face it lots of people do it!!! That's what I'm getting at!

I don't know about the rest of you guys but doesn't anyone feel a LITTLE pi##ed off that people can go in to the US, marry there and then appply for the AOS, while the rest of us HONEST people have to go through the worry and stress AND seperation from our loved ones (that can take up to a year) that is the K1/K3 visa process????

Jubjub, I would question whether the former situation is MORE stressful than the latter!

[aussiewench 9]

It is allowed to adjust status directly from some non-immigrant visas if the decision to marry and adjust was made AFTER they were already in the U.S.

It is not legal to use a visitor visa for the purpose of coming to get married and adjust status.

Yes I realise it is not legal............ but let's face it lots of people do it!!! That's what I'm getting at!

I don't know about the rest of you guys but doesn't anyone feel a LITTLE pi##ed off that people can go in to the US, marry there and then appply for the AOS, while the rest of us HONEST people have to go through the worry and stress AND seperation from our loved ones (that can take up to a year) that is the K1/K3 visa process????

Jubjub, I would question whether the former situation is MORE stressful than the latter!

And many more enter the US legally, spur of moment get married, do AOS.........does that make them less honest........I dont think so. There is other ways besides the K-1, K-3 option.

[john_and_marlene 162]

I wouldn't assume that a large percentage of those who adjust from other visas were dishonest. I'd like tho think that most of them truly decided to marry after they were already here. In any case, they are faced with much more scrutiny for their adjustment and must convince the adjudicator that they did not enter the U.S. for the purpose of immigrating. I would think that this path for adjustment must be much more stressful as the chances of denial are greater.

[pax 0]

Damn, where's Tracy's popcorn smiley when you need it?

[sharky 2]

I wouldn't assume that a large percentage of those who adjust from other visas were dishonest. I'd like tho think that most of them truly decided to marry after they were already here. In any case, they are faced with much more scrutiny for their adjustment and must convince the adjudicator that they did not enter the U.S. for the purpose of immigrating. I would think that this path for adjustment must be much more stressful as the chances of denial are greater.

OK the word honest was the wrong word to use, and I certainly didn't imply that people that enter the states and then get married on a spur of the moment thing are dis-honest........

It's just that I think that if more people KNEW about the latter option they would take the risk and then plead that it was just "co-incidental and pure chance" that they got married, than rather sit it out for 6-12 months in their home country......... do you understand what I'm getting at? I just feel hard done by because I was not aware of this option when I fell in love with my fiancee, and maybe if I had I would have pursued it?!

[aussiewench 9]

Damn, where's Tracy's popcorn smiley when you need it?

want some.....Ive got plenty

do you understand what I'm getting at? I just feel hard done by because I was not aware of this option when I fell in love with my fiancee, and maybe if I had I would have pursued it?!

Now if that aint condoning it I dont know what is

[Jenn! 918]

I also know people who have done it this way, and yes, it irritates me as well.

I'd be willing to bet that a lot of people who go this route do so out of ignorance rather than deliberate subversion of the system.

Many people would not be willing to take that risk if they knew of the potnetial consequences.

I guess sometimes ignorance is bliss...

[ladybird216 2]

When we decided to go the K1 route, we were aware that I could have attempted to adjust from the VWP....however it was our choice not to do that. Personally I could not have stood the uncertainty of knowing whether or not I would have been denied at the AOS stage....we needed to be as sure as we could (I know nothing is certain with the USCIS) that I would be allowed to stay here and not be sent back to the UK with my tail between my legs!

I do not get pi$$ed at the folk that go the visitors visa route....that's their choice....but for us, the stress leading up to the AOS interview would have been unbearable and it was stressy enough anyway.

We would have had to prove that I still had ties to the UK etc., which meant still having a job and somewhere to live over there...so I would have had to deal with the disposal of all that while I was here. Then if I were to be sent back....going back to nothing!

The K1 route let me sort out finalizing my life in the UK prior to getting the visa...and believe me there is soooo much to organize!

In my opinion, it's horses for courses and in a way I admire the people who have the guts to do it the other way...but it wasn't ever going to be our choice...no way.

Jen

Edited March 9, 2006 by ladybird216

[centurion 0]

I would venture to say if going to go that route Marry In Vegas (W/ Elvis of course) . What more proof of a spur of the moment marriage could you have ?.

On a serious note. I think that route could bring many more problems than it's worth. The potential risks of deportation and legal issues might not be worth it.

[ChristinaM 0]

[RANT]

As one of those heinous, tourist visa (well, VWP) adjusters that you're shitting all over, let me tell you something.

The VAST MAJORITY of us DID NOT KNOW we were getting married when we came to the US. It hadn't been talked about. There was no reception planned, no rings on fingers, no talk of making a life together starting, y'know, the day after tomorrow. You may not like the option that allows us to do that, but it is still a legal option.

People who enter on a tourist visa (or any of the multitude of other non-immigrant visas such as work, student, etc.) with the intent to marry and remain in the US are doing something fraudulent. (Notice the section in bold. It's very important.) They then have to take their chances at the AOS stage and although some get through, others do not. Their disguise is not good enough, and they get sent home.

Personally, I would really, really prefer it if you asked questions when you wished to know more, as opposed to coming here and mouthing off about a process you are obviously ignorant of and stating that all tourist adjusters are dishonest and we only did it to by-pass the system. It's not like that, and to suggest that it is is to slap several people on here (myself included) who have fought for this legality to be recognised and respected within the VJ community round the face with a wet kipper.

[/RANT]

Edited March 9, 2006 by clmarsh

[meauxna 15]

It's just that I think that if more people KNEW about the latter option they would take the risk and then plead that it was just "co-incidental and pure chance" that they got married, than rather sit it out for 6-12 months in their home country......... do you understand what I'm getting at? I just feel hard done by because I was not aware of this option when I fell in love with my fiancee, and maybe if I had I would have pursued it?!

Like you intimate, almost *everyone* already does know about this option.. certainly the average man on the street thinks that is how it's done, and many Europeans don't need a spouse visa ahead of time.

But it is a pretty big assumption you make. I was as in loooooove as the next person, I knew about (and seriously considered) the VWP option, and this was before people on newsgroups actually warned each other of the legal complications that could come out of it. It sounded like the best, easiest and most efficient route.

And, I still elected not to do it.

Why? We weren't willing to put up with the constraints on travel that came with it; my husband needed to be able to leave the US (and return ) at a moment's notice. In retrospect, things worked out SO well for us that he has applied for naturalization before we hit our 4th anniversary.

I see couples that married at the same time, or started immigrating at the same time as we did who may not have their Green Card yet, or have experienced horrible delay and excessive costs from renewals of travel/work permissions.

And then there's peace of mind. I sleep well every night, and haven't worried once about that knock on the door, or even the nagging voice in the back of my mind.

You've made your choice---look for the benefits you've received instead of worrying about the other guy. Trust me, there are bigger problems in Immigration Land than the number of people adjusting status off of tourist visas.

[Mand 1]

There are a few VJers here who are/have adjusted from VWP and from reading their posts, I definately would not consider that they have had a stress free journey as you have implied Paul C. I think they face more worry and concern going into the AOS interview than many of us.

I stressed and worried about our K1 interview, but can honestly say that I am not one bit worried about our AOS. This is not the case with many of our VJers adjusting from the VWP...so give them a break and walk a mile in their shoes.