Fiance is here on a visitor visa should we marry or file for k1 visa

[Mrs.Hull210 24]

My husband entered on VWP multiple times from England to the US, we married our very first visit and he continued to come for visits after. On his last visit, I had some medical conditions worsen and we decided he would need to stay. We went the AOS route without any problems. If you follow the guides provided on this site, you will be fine. Just know that as stated before, he will need to remain in the US while your case is pending, so I strongly suggest also applying for EAD and AP which will allow him to work and travel while you wait for the actual interview for Green Card. As of today, my husband is a 10 year GC holder, and never were we slapped with any accusations of committing fraud by USCIS.

Good Luck!

[NikLR 13,227]

How and why would he be denied

We are not trying to commit fraud that why I am asking the question to make sure we do the right thing. First of all he came here on legitimate reason to explore some business opportunities not to come and just marry me. We just recently got engaged on Christmas. So we have been going back and forth as to whether we should file fiance visa or just get married and file. So that why I am here asking

Visa fraud is using the visitor visa to marry and STAY with the intent to so so upon entry. However it's up to the USCIS to prove that was your intention. Entering the USA with a non-immigrant visa for the purposes of immigration is visa fraud. Generally this point is moot after entry because it's the CBP's job to figure out who's trying to stay or not.

Why or how he would get denied depends on your evidence you submit and your ability to correctly fill out all the forms etc... if the USCIS doesnt feel you have a genuine marriage they can deny his petition to adjust status. If you do not make enough to support him or have a qualified joint sponsor they will deny. Generally they ask you to correct mistakes or provide more evidence before a denial. Often you have go to an interview as well. If the USCIS suspects something wrong with your relationship they can visit your home too. Most people do fine with our guides here on VJ.

Edited February 10, 2016 by NLR

[americanirish87 5]

yes you can stay and adjust. dont need to apply for K1 anymore.. just get married do the AOS. you can wait until july or even later than july as overstay is forgiven when married to a USC.

Agree completely. You cannot enter the US on a visitor visa knowing you are coming here to get married and stay but clearly that is not the case for you as you haven't even made up your mind yet. Circumstances change and people decide to get married while on a visa waiver./visitor visa.... AOS exists for people adjusting from a visitor visa (among others) so it happens everyday and is approved everyday.

I think a lot of VJers get annoyed with people who AOS from a visitor visa/ visa waiver and not a K1 because they dont have to go through as much and take as much time as K1 people.... BUT its still allowed so if you want to do it, you can.

Like someone else said... your partner can stay in the US while the AOS is being processed but he will not be able to work or travel until he gets EAD/AP which could take up to 6 months. I would strongly recommend filing for your AOS BEFORE your partner goes out of status. That way he doesn't accrue any illegal time here.

My now husband entered as a visitor, we got married, and adjusted status and he has been approved for his GC. It was 2.5 months for EAD/AP, 4 months for interview + approval but the timelines can vary significantly depending on where you are, so keep that in mind.

Good luck!

[sofkins 1]

yes you can stay and adjust. dont need to apply for K1 anymore.. just get married do the AOS. you can wait until july or even later than july as overstay is forgiven when married to a USC.

Thanks for the information

Hopefully others that have done it will give some advice. Good Luck.

Thanks

[sofkins 1]

My husband entered on VWP multiple times from England to the US, we married our very first visit and he continued to come for visits after. On his last visit, I had some medical conditions worsen and we decided he would need to stay. We went the AOS route without any problems. If you follow the guides provided on this site, you will be fine. Just know that as stated before, he will need to remain in the US while your case is pending, so I strongly suggest also applying for EAD and AP which will allow him to work and travel while you wait for the actual interview for Green Card. As of today, my husband is a 10 year GC holder, and never were we slapped with any accusations of committing fraud by USCIS.

Good Luck!

Thanks for telling me about your experience and advice really appreciate it

[sofkins 1]

Agree completely. You cannot enter the US on a visitor visa knowing you are coming here to get married and stay but clearly that is not the case for you as you haven't even made up your mind yet. Circumstances change and people decide to get married while on a visa waiver./visitor visa.... AOS exists for people adjusting from a visitor visa (among others) so it happens everyday and is approved everyday.

I think a lot of VJers get annoyed with people who AOS from a visitor visa/ visa waiver and not a K1 because they dont have to go through as much and take as much time as K1 people.... BUT its still allowed so if you want to do it, you can.

Like someone else said... your partner can stay in the US while the AOS is being processed but he will not be able to work or travel until he gets EAD/AP which could take up to 6 months. I would strongly recommend filing for your AOS BEFORE your partner goes out of status. That way he doesn't accrue any illegal time here.

My now husband entered as a visitor, we got married, and adjusted status and he has been approved for his GC. It was 2.5 months for EAD/AP, 4 months for interview + approval but the timelines can vary significantly depending on where you are, so keep that in mind.

Good luck!

Now I understand why VJers seemed annoyed after reading the post of how long it takes to do a k1 and we can just get married and get it done with. Well we have time to consider this as its been less than 30 days since he been here and he has until July to return but it seems like the best option to just go ahead and get married. Thanks so much for telling about your experience

[NikLR 13,227]

The issue is people lie to get into the country just to skip the K1 or CR1 process. The issue is people who adjust status from visitor, student, and non-dual intent work visas make it HARDER for people in those countries to get visitor, work, and student visas.

Is it legal? Yes. Can you do it? Yes. Should you? That's up to you. It's a moral question at that point.

[IcezMan_IcezLady 582]

You can marry and adjust with AOS or you can marry, and he returns to Jamaica and file CR-1.

The easiest way is to file AOS after marriage while he is here. VWP has allowed EU members especially to use this loophole why not her?

Good luck.

[NikLR 13,227]

Again, legal and allowed by all visa types (including vwp and visitors from Mexico and Canada.) The only people who cannot adjust their status based on marriage to a USC are those that entered without inspection. There are waivers for that thougb.

[Ryan H 3,812]

**Since the OP has received enough correct answers to their query and the thread is starting veer into a discussion on the merits of the INA as it is currently written, it is now closed to additional discussion. The OP is free to start a new thread in the appropriate forum with questions on a specific process.**