Are we making things harder for each other or would you say this is far more logical?!

[Duchess93 0]

Hi All,

 

Me & my fiance, Mark, have decided to get married on New Years Day, we were originally going to go through the K1 process and then get married once it granted etc.

 

However as i'm visiting him in the states again during xmas and new year we have settled on New Years Day getting married within a courthouse, all nice and simple. Then i return home on the 6th January, as planned. We expect to file the I-130 on the day after our wedding to make things simple and ensure that everything is sent (we will be preparing the forms etc from now up to the 2nd January) and done before i leave. However i have been reading that it may take up to 14 months after all the process up to consulate interview?! Where as i'm reading the K1 is quicker and issued within 10 months maximum!

 

We are a very strong couple and are prepared to be apart for the process because we know that the rest of our lives will be together. I know a lot of LDR couples find it hard, but you have to do what you have to do sometimes, right? We are also looking at this from a financial stand point and it seems to be cheaper and far more financially responsible?

 

Are we likely to run into a long process of up to 14 months? or should we just bite our tongues, spend more and obtain the K1 Then AOS?

 

Please help us before we continue making up our packets please!!

 

Thanks,

[Italian_in_NYC 259]

Just make sure not to mention you are engaged (and definitely you are getting married during your visit) to a US citizen at the POE and you'll be ok.

The process depends on the service center your husband's petition will be assigned (Nebraska is the slowest).

I don't think you'll be able to get a K1 visa by the end of the year and get married on New Year's Day though.

Edited November 10, 2017 by Italian_in_NYC

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[Tracy-->NY 40]

Are courthouse opened on New Year's Day?  Seeing it is a public holiday. Just wondering.

[Georgia16 2,858]

If you want to get married New Year's eve then you should do it. 

 

Some are getting the CR-1 visa a little faster then 14 months but expect 14 months.

 

You are from UK so you have the VWP so you can visit anytime doing the process and spend time with family and friends and so on before the move times goes by fast!

 

Also since you will be doing the CR-1 you can work and travel when you get here as you said that can't be done with the K-1 because they have to do AOS after the wedding first.

[EmilyW 1,443]

47 minutes ago, Italian_in_NYC said:

Just make sure not to mention you are engaged (and definitely you are getting married during your visit) to a US citizen at the POE and you'll be ok.

The process depends on the service center your husband's petition will be assigned (Nebraska is the slowest).

I don't think you'll be able to get a K1 visa by the end of the year and get married on New Year's Day though.

This isn't good advice, necessarily.  If they ask, you must tell them the truth.  If they don't ask, don't volunteer the information.

[Italian_in_NYC 259]

6 minutes ago, EmilyW said:

This isn't good advice, necessarily.  If they ask, you must tell them the truth.  If they don't ask, don't volunteer the information.

Use your brain.

If they ask you, and you say it, you will get a seat on the first flight back to London. Then you will lose your ESTA benefits, you will have to disclose that you had been denied entry to the US.

OP is not planning on breaking any immigration laws. Getting married in the US to a US citizen is legal. Chances are the immigration officer will think you'll just stay in the US after that.

Avoid the headache, be smart, go with the white lie.

Otherwise you will have a much harder time going through the process.

Edited November 10, 2017 by Italian_in_NYC

[Georgia16 2,858]

1 minute ago, Italian_in_NYC said:

Use your brain.

If they ask you, and you say it, you will get a seat on the first flight back to London. Then you will lose your ESTA benefits, you will have to disclose that you had been denied entry to the US.

OP is not planning on breaking any immigration laws. Getting married in the US to a US citizen is legal. Chances are the immigration officer will think you'll just stay in the US after that.

Avoid the headache, be smart, go with the white lie.

Otherwise you will have a much harder time going to the process.

You are very wrong!

 

And don't talk to others like that, no reason for that.

 

There is nothing illegal about getting married in the US to a US citizen.

 

And if asked yes she should be honest.

 

What you are think about is coming with the intent to get married on a tourist visa and get married and adjust status but that is NOT what OP is doing at all.

[Italian_in_NYC 259]

1 minute ago, Georgia16 said:

You are very wrong!

 

And don't talk to others like that, no reason for that.

 

There is nothing illegal about getting married in the US to a US citizen.

 

And if asked yes she should be honest.

 

What you are think about is coming with the intent to get married on a tourist visa and get married and adjust status but that is NOT what OP is doing at all.

Well yes, good luck going through immigration on a VWP passport with that.

I put my money on her being sent back to London on the first available flight (she will likely spend the night and a good part of the following day on a bench in the detention area at the airport, btw).

Then we will read the crying post on the forum. And she will go through a MUCH harder process obtaining an IV.

I know the OP doesn't intend to enter with the ESTA and then adjust status (that'd be an immigration law violation and I'd recommend against it 100%), she just wants to visit (and get married). Just say you are visiting (which is true, btw).

[Georgia16 2,858]

8 minutes ago, Italian_in_NYC said:

Well yes, good luck going through immigration on a VWP passport with that.

I put my money on her being sent back to London on the first available flight (she will likely spend the night and a good part of the following day on a bench in the detention area at the airport, btw).

Then we will read the crying post on the forum. And she will go through a MUCH harder process obtaining an IV.

I know the OP doesn't intend to enter with the ESTA and then adjust status (that'd be an immigration law violation and I'd recommend against it 100%), she just wants to visit (and get married). Just say you are visiting (which is true, btw).

OP you shouldn't let yourself scare by this.

 

Many many people come to the US and get married. Also a lot from in here. They came got married, returned and filed for the spouse visa.

[Italian_in_NYC 259]

2 minutes ago, Georgia16 said:

OP you shouldn't let yourself scare by this.

 

Many many people come to the US and get married. Also a lot from in here. They came got married, returned and filed for the spouse visa.

I'm not scaring anyone. Reality is that she'd be putting herself (unnecessarily) in a risky situation.

Just don't shoot yourself in your foot when you try to clear immigration.

[Georgia16 2,858]

3 minutes ago, Italian_in_NYC said:

I'm not scaring anyone. Reality is that she'd be putting herself (unnecessarily) in a risky situation.

Just don't shoot yourself in your foot when you try to clear immigration.

Hmm you are saying this at the same time as you say she should be lying to immigration! 

 

See THAT'S funny! 

 

As I we said before no one should just start talking for no reason BUT if they are asked directly then you should always be honest with immigration, lying can't get you in much bigger trouble.

[Italian_in_NYC 259]

2 minutes ago, Georgia16 said:

Hmm you are saying this at the same time as you say she should be lying to immigration! 

 

See THAT'S funny! 

 

As I we said before no one should just start talking for no reason BUT if they are asked directly then you should always be honest with immigration, lying can't get you in much bigger trouble.

This is paranoia (and nonsense). Just say you are visiting your boyfriend for the holidays (which thousands of people do every year) and you will breeze through.

Say you are getting married and at a minimum be prepared to be sent to secondary right away. Then it's a crapshoot (not to mention the huge headache to obtain a visa after being denied entry to the US).

This is the same as people saying they smoked a joint months ago and then complaining they got denied.

[yuna628 9,677]

Some finer points for the OP to consider:

 

People come to the US to get married all the time.

Do not lie in any way about your intentions to an immigration officer. There is no land of white lies when it comes to the government. You either answer questions truthfully or do not. One is illegal and one is not. Anyone advising you to lie on this forum is also breaking the rules of this forum. You do not have divulge info to an officer if they do not ask it however, but you must be careful and truthful in every answer you give.

However, while people come to the US to get married all the time, there are officers that routinely attempt to warn or scare gf/bfs/fiancés etc into not marrying in the US. This leads many a frightened individual to lie and cause themselves many headaches. My then-fiancé visited me in the US numerous times. He answered all questions truthfully. They usually asked him if he intended on marrying me here. He informed them we were in the K1 process and that we would marry once he had an approved visa. He brought proof of returning home. They had no problems. They always knew we were engaged and our relationship status.

 

That's the important thing when facing an immigration officer. In their minds a person may be coming here to marry and simply stay illegally, subverting a grey area of immigration law. They've seen it time and time again. So what burden of proof do you have to offer them, that your intentions are honorable? What is your proof of returning home? Consider all of this carefully before proceeding. Come armed with evidence. Is there a risk they may not believe you and send you back home? Sure. But there's a risk every time you visit your fiancé. If you should be denied entry, while you won't be able to visit again, it has no bearing on filing for a fiancé or spousal visa successfully.

 

We've seen it many times on this forum... in situations where individuals lie to an officer.. it ends up making an already bad situation even worse. Other things to consider if you wanted to go the K1 route -- it's faster than the spousal route yes. However, once you marry in the US, you will not be able to work or travel without adjusting your status and obtaining work/travel permits. That works fine for some people, and not for others. Adjustment process can take up to an additional year. Being already married, and filing for a spousal visa, takes a longer amount of time yes - but once approved you can work and travel without extra waiting time.

 

There was as far as I know, only one service center handling K1 cases - which is California. Things have slowed these days, so expect a lot of waiting. But that's what LDRs are all about right? ;-)

Edited November 10, 2017 by yuna628

[StuBear65 68]

When I got married in DC I entered on VWP through CLT. The Immigration Officer asked me what the purpose of my visit was. I told her I was getting married, as thousands of people do every year.

 

I was not denied entry. She wished me good luck and stamped my passport.