How do the two compare?

[Caprice 0]

Hi everyone,

I'm very very new here and still pretty much clueless as to how things work so I'd love some advice.

My fiance (US citizen) and I (Polish) are getting married in Poland in about 3 weeks. We were originally thinking of filing for the K3 Visa so I could eventually move to be with him. However, now I'm worried it will take close to forever.

Would it be easier (and legal) for me to enter the US on a tourist visa (it's good for 9 more years) after we get married in Poland and then file for Adjustment of Status as his wife, say, after a month or two? Would it mean more trouble?

And lastly, how do the timelines compare for AoS and regular K3? How soon could I get a work permit in each case?

I know that's a lot of questions, but I'd really appreciate some help here.

[kim&james 0]

Pretty much you are asking yourself the same questions that we all ask ourselves when faced with often lengthy separations. The problem will be intent at entry. You dont intend going back to Poland and therefore it would be considered illegal. Hence the need for a visa. AOS is your greencard and K3 is a entry visa...

Look for about 6 - 12 months for your K3 visa then come here file your Employment Authorisation which usually takes around 90 days, and at some stage during the 2 years your K3 is good for, file your AOS. time varies per district office.

This is not a short process nor should you expect to not have a separartion unfortunately that is what all of us have had to endure during this process.

[Yodrak 7]

Caprice,

What you propose to do is not 'legal'. You may get away with it - many people do - but if the USCIS determines that you entered the USA as a non-immigrant with the intention to immigrate, which is what you are proposing to do, you will be going back to Poland.

Yodrak

Hi everyone,

.....

My fiance (US citizen) and I (Polish) are getting married in Poland in about 3 weeks. We were originally thinking of filing for the K3 Visa so I could eventually move to be with him. However, now I'm worried it will take close to forever.

Would it be easier (and legal) for me to enter the US on a tourist visa (it's good for 9 more years) after we get married in Poland and then file for Adjustment of Status as his wife, say, after a month or two? Would it mean more trouble?

.....

[meauxna 15]

http://www.uscis.gov/files/article/A2.pdf

What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years. It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident. It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse.

You should come prepared with proof of your clear intentions in this regard.