Applying for K-1 visa but NOT intending to emigrate

[Spalderdash 3]

Hello!

I've been lurking in these forums for several weeks now - this appears to be a wonderful support network during what can obviously be an anxious time, and you have all been incredibly helpful in other posts! I just have a couple of questions relating to my specific circumstances, which I cannot seem to find answered elsewhere.

Yesterday, my fiancé and I sent off our petition for my K-1 visa. He is a US citizen while I am British and living in the UK. We have been engaged for a year (together for two; friends for over a decade) and are excited to (hopefully) get married later this year. My question relates perhaps more to immigration than the K-1 process (sorry if this is therefore in the wrong thread?) but the two topics are are interlinked, I suppose.

I am a mature student and in the second year of my degree. Much as Pete and I would obviously love to live together YESTERDAY, we are remaining patient and have decided/accepted that I will not be making The Big Move until after I've graduated next year. We decided, though, that we wanted to get married sooner rather than later in order to get the ball rolling on this whole process (and for financial reasons, as well as reasons relating to my degree, going the full K-1 immigration route did not suit us). So we've applied for the K-1 visa and we intend to get married in the States as soon as it's approved, but I will then return to the UK to finish my degree before we start looking at petitioning for spouse visas. In the interim, we will continue to work and save money to put ourselves through that process after my graduation next summer, which I understand can be a considerably more expensive ordeal.

I suppose I am seeking reassurance that we have done this correctly. Will we be penalised in any way for my entering the USA to get married on a visa that shows intent to immigrate, then getting married, but leaving afterwards? We did extensive research prior to this whole venture and we're quite sure that we've gone the honest and fair route (and that K-1 visas are also designed for this purpose?) but I've been reading threads since that suggest we might be raising suspicion or questions of intent by not petitioning for me to remain in the USA immediately after marrying.

Any reassurance would be much appreciated.

Thank you! I look forward to sharing experiences with you all.

Kate.

[nikkimujj 5]

If you're just intending to get married in the US, applying for a visit visa is a much better route and will save you a lot of hassle. Especially for a UK citizen, you don't even need a visa, just apply through ESTA. I'm quite confused as to why you went the K-1 route. You cannot actually leave the country and move back to the UK to live and then return to the US. If you leave and wish to return to live, you'll have to apply for a K-3 spouse visa in any case. I don't think you'll be penalized, but the K-1 is much more hassle and time than was necessary. It's no problem to go to the US, get married, and leave on a tourist visa. The only time it would considered immigration fraud was if you then tried to adjust your status to stay permanently. If I were you, I would withdraw the K-1. It will definitely raise red flags and doesn't say you any time or money.

[Anh map 2,098]

No need for the K1 visa as you have described. Go to the bank and cancel the check for fees. The petition will be returned, nothing in the system. You come for a visit, you get married, and then go back.

When you are ready to move to the US, he files the spouse visa petition (form I-130). Check for how long processing takes to eliminate long waits after graduation day.

[Spalderdash 3]

If you're just intending to get married in the US, applying for a visit visa is a much better route and will save you a lot of hassle. Especially for a UK citizen, you don't even need a visa, just apply through ESTA. I'm quite confused as to why you went the K-1 route. You cannot actually leave the country and move back to the UK to live and then return to the US. If you leave and wish to return to live, you'll have to apply for a K-3 spouse visa in any case. I don't think you'll be penalized, but the K-1 is much more hassle and time than was necessary. It's no problem to go to the US, get married, and leave on a tourist visa. The only time it would considered immigration fraud was if you then tried to adjust your status to stay permanently. If I were you, I would withdraw the K-1. It will definitely raise red flags and doesn't say you any time or money.

Hi nikkimujj,

Thank you for your reply. We had read that it is possible to enter the US and get married on an ESTA, but that it wasn't advisable. We thought we were going the more honest route by at least notifying the powers that be of our intent to marry. Our plan has been to apply for the K-3 visa a little further down the line, when we are ready to go through the immigration process (we have financial and personal limitations, so we need a bit more time to save up and prepare for this process).

If what you've said is true, my concern is now that we have unnecessarily spent $340. Of course, if there is a way that we can get married without going through the stress of a K-1 visa, it is worth considering, especially as we were hoping to marry in September and are likely cutting it quite fine, time-wise.

Do you (or does anyone) know for absolutely certain that marrying on an ESTA does not come with any negative repercussions further down the line?

No need for the K1 visa as you have described. Go to the bank and cancel the check for fees. The petition will be returned, nothing in the system. You come for a visit, you get married, and then go back.

When you are ready to move to the US, he files the spouse visa petition (form I-130). Check for how long processing takes to eliminate long waits after graduation day.

Oh goodness!

Thank you for your reply, Anh map.

That's two of you, now, who have advised this. I think Pete and I suddenly have a lot to talk about! Thank goodness I asked this question today (and more fool me for not doing so yesterday).

Thank you both very much.

[Kastrs 723]

Hi nikkimujj,

Thank you for your reply. We had read that it is possible to enter the US and get married on an ESTA, but that it wasn't advisable. We thought we were going the more honest route by at least notifying the powers that be of our intent to marry. Our plan has been to apply for the K-3 visa a little further down the line, when we are ready to go through the immigration process (we have financial and personal limitations, so we need a bit more time to save up and prepare for this process).

If what you've said is true, my concern is now that we have unnecessarily spent $340. Of course, if there is a way that we can get married without going through the stress of a K-1 visa, it is worth considering, especially as we were hoping to marry in September and are likely cutting it quite fine, time-wise.

Do you (or does anyone) know for absolutely certain that marrying on an ESTA does not come with any negative repercussions further down the line?

Because you can come on the ESTA, and you will be returning to the UK after your wedding, you should cancel the K1 check, come on the ESTA get married, return to the UK and about a year before you want to move to the US, file the spousal petition (I130) for a CR1 visa

Oh goodness!

Thank you for your reply, Anh map.

That's two of you, now, who have advised this. I think Pete and I suddenly have a lot to talk about! Thank goodness I asked this question today (and more fool me for not doing so yesterday).

Thank you both very much.

[Spalderdash 3]

Thank you all so much for your replies.

Just one more question, in that case:

Assuming I entered the USA on an ESTA, with the intent to get married: what do I tell the immigration officers at the airport?! I have read multiple stories about people being interrogated and informed that they are not to get married while they're visiting, and it's stuff like this that scared us into going the K-1 route. I don't want to lie to anyone. Presumably, so long as I can show them my return ticket, there need not be too many questions asked?

I want to be certain that we are doing everything above board, and that no moves we make now might jeopardise our position in the future.

Thank you again.

[nikkimujj 5]

Thank you all so much for your replies.

Just one more question, in that case:

Assuming I entered the USA on an ESTA, with the intent to get married: what do I tell the immigration officers at the airport?! I have read multiple stories about people being interrogated and informed that they are not to get married while they're visiting, and it's stuff like this that scared us into going the K-1 route. I don't want to lie to anyone. Presumably, so long as I can show them my return ticket, there need not be too many questions asked?

I want to be certain that we are doing everything above board, and that no moves we make now might jeopardise our position in the future.

Thank you again.

I think the best route is always not to lie, but not to offer any more information than they ask for.

You will have a return ticket already, I would suggest bringing proof of your ongoing enrollment in your university in the UK, and anything else you can think of that will convince them you're not here to stay. Even though it is immigration fraud, the fact is that people do get their AOS approved even after applying on a tourist visa. Your case is quite low risk anyway, considering you're a woman from a western European country. I think you'll be fine

[Avery Cates 1,141]

Hello!

I've been lurking in these forums for several weeks now - this appears to be a wonderful support network during what can obviously be an anxious time, and you have all been incredibly helpful in other posts! I just have a couple of questions relating to my specific circumstances, which I cannot seem to find answered elsewhere.

Yesterday, my fiancé and I sent off our petition for my K-1 visa. He is a US citizen while I am British and living in the UK. We have been engaged for a year (together for two; friends for over a decade) and are excited to (hopefully) get married later this year. My question relates perhaps more to immigration than the K-1 process (sorry if this is therefore in the wrong thread?) but the two topics are are interlinked, I suppose.

I am a mature student and in the second year of my degree. Much as Pete and I would obviously love to live together YESTERDAY, we are remaining patient and have decided/accepted that I will not be making The Big Move until after I've graduated next year. We decided, though, that we wanted to get married sooner rather than later in order to get the ball rolling on this whole process (and for financial reasons, as well as reasons relating to my degree, going the full K-1 immigration route did not suit us). So we've applied for the K-1 visa and we intend to get married in the States as soon as it's approved, but I will then return to the UK to finish my degree before we start looking at petitioning for spouse visas. In the interim, we will continue to work and save money to put ourselves through that process after my graduation next summer, which I understand can be a considerably more expensive ordeal.

I suppose I am seeking reassurance that we have done this correctly. Will we be penalised in any way for my entering the USA to get married on a visa that shows intent to immigrate, then getting married, but leaving afterwards? We did extensive research prior to this whole venture and we're quite sure that we've gone the honest and fair route (and that K-1 visas are also designed for this purpose?) but I've been reading threads since that suggest we might be raising suspicion or questions of intent by not petitioning for me to remain in the USA immediately after marrying.

Any reassurance would be much appreciated.

Thank you! I look forward to sharing experiences with you all.

Kate.

Why would you even file for a K-1 in this case? It's a waste of your money and their time. If you came, got married, and left without AOSing and receiving AP, your K-1 is done, and you could not re-enter to live without filing for a CR-1.

Much better off getting married. Here, there, another country doesn't matter. Then file for a CR-1 around a year before you're ready to make the move.

[Mick & Janni 11]

It's not illegal to get married on a tourist visa or on the VWP. Go ahead, as long as you don't stay longer than 90 days.

Bring things that show you will leave USA within 90 days. Like a return ticket and such that you can show them if they ask.

Edited February 2, 2016 by Mick & Janni

[Avery Cates 1,141]

Assuming I entered the USA on an ESTA, with the intent to get married: what do I tell the immigration officers at the airport?! I have read multiple stories about people being interrogated and informed that they are not to get married while they're visiting, and it's stuff like this that scared us into going the K-1 route. I don't want to lie to anyone. Presumably, so long as I can show them my return ticket, there need not be too many questions asked?

Have you been to the US before? If so, the chances of you being asked anything are low.

If it's your first time you may get extra questioning, and if you tell them you're coming to get married there's always the possibility that you'll be denied entry.

[Boiler 44,209]

Usual questions are who are you visiting and for how long.

VWP all the way.

PS VWP requires return ticket, proof of ongoing travel.

[Penguin_ie 5,992]

Tell the immigration officer the truth, but do not volunteer information. Unless they ask if you are getting married, I'd avoid the subject.

"Why are you visiting?" - "To see my fiance"

[Spalderdash 3]

Have you been to the US before? If so, the chances of you being asked anything are low.

If it's your first time you may get extra questioning, and if you tell them you're coming to get married there's always the possibility that you'll be denied entry.

Hi Avery Cates,

Thank you for your reply. I have been to the US before to spend time with Pete, and we have never once encountered any problems. Thank you for your advice!

Thank you all so, so much for your suggestions and reassurance. What an overwhelming morning! I'm excited to think that we might actually be able to start planning the wedding now, without having to wait on all of this K-1 stuff! I will speak to Pete this afternoon to see about cancelling the cheque - does anyone know if there is a number we can/ought to call to advise of what's happening? Or would it indeed suffice just to cancel the cheque and assume they simply won't process anything? I'd rather not have any black marks or red marks under our names in case it causes trouble down the line.

I am so grateful for all of your responses. Thank you enormously!

[DaveNot 55]

It's not illegal to get married on a tourist visa, but going with the intention of getting married is a whole different ball game later on if you wish to remain.

[Ortolan 381]

Argh, I wish you'd joined and read up and asked these questions before you sent off your paperwork. But welcome to VJ!