Do we even need a k-1 visa?

[DizzyLixt 1]

Hi. My question is do we even need to go through the k1 process? Wouldn't it be better to have my fiancee visit me in the u.s and we get married here. Then file for Adjustment of status? Wouldn't that be quicker then waiting for a k1 visa?

[Alaska2012 462]

Oh it would! It would also be immigration fraud.

[Avery Cates 1,141]

Hi. My question is do we even need to go through the k1 process? Wouldn't it be better to have my fiancee visit me in the u.s and we get married here. Then file for Adjustment of status? Wouldn't that be quicker then waiting for a k1 visa?

Sure is, if you like a side of visa fraud with your dinner.

Ever stop to consider why they have a K-1, and not a come-here-as-a-tourist-and-marry visa?

Edited January 9, 2016 by Avery Cates

[Expat1 971]

That's definitely against the rules, legally considered fraud

[Dashinka 24,503]

The issue here is the intentions and how immigration perceives that when your fiancé tries to enter the country. If they are indeed your fiancé and are asked upon entry what their intention is for this visit, USCIS may perceive they plan to stay and get married even if your fiancé says they are just visiting. Your fiancé may be denied entry potentially causing headaches in the future. I am not an expert at this, but overall, this is the reason they have different grades of visas, they cover a wide variety of intentions (I.e. Work, study, tourism, marriage, etc.).

Good Luck!

[Unidentified 2,930]

Hi. My question is do we even need to go through the k1 process? Wouldn't it be better to have my fiancee visit me in the u.s and we get married here. Then file for Adjustment of status? Wouldn't that be quicker then waiting for a k1 visa?

Coming here on any other visa or VWP with the intention of getting married and adjust status is visa fraud.

[RobertM54 36]

Is it fraud if your fiance comes, you get married, fiance returns to home country, and you you file an I-130?

[Unidentified 2,930]

Is it fraud if your fiance comes, you get married, fiance returns to home country, and you you file an I-130?

No it's not. You can come here on a Tourist visa, get married and the foreigner goes home to their home country and it's perfectly fine. It's when you come here on a visa (other than K1) or VWP with the intention of marrying and adjustinging status that it becomes visa fraud.

[Avery Cates 1,141]

Is it fraud if your fiance comes, you get married, fiance returns to home country, and you you file an I-130?

It is not. Coming here with the intention of staying on a visa that is not for that purpose would be considered fraudulent.

You can get married in the US and then return to file, that's fine, however the sticky part is when you mention that you're coming to the US to get married on a VWP or Visitor Visa, there's a high chance of getting turned around at the border because CBP will perceive that you're staying no matter your actual intention.

[blondedoc 35]

Well... I´ll tell my story and you all take your conclusions...

I was for a long time with my boyfriend in America and we decided to make a fiancé visa (I was with a tourist visa and I extended tha and I was for 9 months there).

I came back to my country and I was there for a month to make some more money and I flew back to America to settle all the things and discuss with him the process for the K1 and plan everything (living life, where to live, where to marry, tell his friends and my mom...), but...

When I got back to America, they removed me without any reason (my ban: "an immigrant without an immigration visa" and no overstay or work...) and I had to marry abroad and apply for an I-30 with a solo I-212 (which is worse than a real waiver with I-601).

Amazing, huh?

I feel like a stupid.

I tried to avoid any kind of fraud, because at that point I could simply marry there and adjust my status, right?

Look what happened to me... Already one year waiting abroad to be with my husband...

This is the price that I payed for being honest...

I don´t want to say that is nice make any kind of fraude! I still believe in honesty!

I want to say that everything is simply LUCK... I was unlucky and now I´m paying for something that I didn´t made...

God will make his judgement with people responsible for it, I´m sure.

All the best and Good luck for you all.

[Avery Cates 1,141]

Well... I´ll tell my story and you all take your conclusions...

I was for a long time with my boyfriend in America and we decided to make a fiancé visa (I was with a tourist visa and I extended tha and I was for 9 months there).

I came back to my country and I was there for a month to make some more money and I flew back to America to settle all the things and discuss with him the process for the K1 and plan everything (living life, where to live, where to marry, tell his friends and my mom...), but...

When I got back to America, they removed me without any reason (my ban: "an immigrant without an immigration visa" and no overstay or work...) and I had to marry abroad and apply for an I-30 with a solo I-212 (which is worse than a real waiver with I-601).

Amazing, huh?

I feel like a stupid.

I tried to avoid any kind of fraud, because at that point I could simply marry there and adjust my status, right?

Look what happened to me... Already one year waiting abroad to be with my husband...

This is the price that I payed for being honest...

I don´t want to say that is nice make any kind of fraude! I still believe in honesty!

I want to say that everything is simply LUCK... I was unlucky and now I´m paying for something that I didn´t made...

God will make his judgement with people responsible for it, I´m sure.

All the best and Good luck for you all.

You weren't unlucky.

You were here on a B-2, which if what you say is correct you received an approved extension for extending it to 9 months, which is the better part of a year. You then returned to your country for a month, and then tried to re-enter the US. At this point CPB determined, rightfully, that you were using your B-2 to live in the US, as you had already spent the majority of the year in the US, and were further looking to spend 11/12 months in the US on the B-2 if you were allowed to re-enter, which is not what it's for.

You wouldn't have a ban assuming that you didn't overstay your allowed visa time on your original trip, however they may have rightfully cancelled your B-2, or otherwise will not let you use it again to return to the US, and informed you that you need to apply for a immigrant visa, again, rightfully so.

You were not unlucky, you simply messed up. I don't know if I'd necessarily call you fraudulent, however you were certainly actively stretching the limits of the B-2 visa you were lucky enough to have received.

[Cathi 5,748]

Well... I´ll tell my story and you all take your conclusions...

I was for a long time with my boyfriend in America and we decided to make a fiancé visa (I was with a tourist visa and I extended tha and I was for 9 months there).

I came back to my country and I was there for a month to make some more money and I flew back to America to settle all the things and discuss with him the process for the K1 and plan everything (living life, where to live, where to marry, tell his friends and my mom...), but...

When I got back to America, they removed me without any reason (my ban: "an immigrant without an immigration visa" and no overstay or work...) and I had to marry abroad and apply for an I-30 with a solo I-212 (which is worse than a real waiver with I-601).

Amazing, huh?

I feel like a stupid.

I tried to avoid any kind of fraud, because at that point I could simply marry there and adjust my status, right?

Look what happened to me... Already one year waiting abroad to be with my husband...

This is the price that I payed for being honest...

I don´t want to say that is nice make any kind of fraude! I still believe in honesty!

I want to say that everything is simply LUCK... I was unlucky and now I´m paying for something that I didn´t made...

God will make his judgement with people responsible for it, I´m sure.

All the best and Good luck for you all.

you were using your tourist visa to live in the US, and banned because of it. Your fault.

[blondedoc 35]

I knew this information after I was removed.

And as a foreigner with no knowledge of USCIS regulations and procedures I never could imagine that it was supposed to happen to me. Once they granted me with the extension, I thought I could use that entirely.

I didn´t made with this intention, even because they made a mistake at the stamp of my passport (they granted me when I arrived 6 months on their records according with USCIS site and the stamp on my passport was just for 3 months) and I extended my visa based on the stamp of my passport to show honesty and because of that I stayed 9 months there.

I consider that a huge bad luck.

[NigeriaorBust 4,087]

You were abusing your visa by intending to spend more time in the US than not. You should have stayed out for roughly 9 months before coming back . How could you be residing anywhere but the US if you were only out for a month. Immigration acted properly.

[blondedoc 35]

After the procedure I understood, it was a hard and sad learning, that I breath every single second of my life since then.

It´s a shame that at these situations all the procedures are fresh and easy, but to deal with a solo I-212 is not even close to that.

I´m paying the price of my ignorance and honesty and this is a bad luck on my opinion.

I completely understand and respect their procedures, they are right. I was simply stupid, and be stupid in this unfair world it costs a lot.