K1 or parole in place

[KiloSpec 2 0]

So long story short I’m in the military want to marry my girlfriend should we do the k1 or should I marry her when she comes on her esta and surprise her and parole her in place? I just want to do it the legal way as so does she 

[Crazy Cat 42,621]

4 minutes ago, KiloSpec 2 said:

So long story short I’m in the military want to marry my girlfriend should we do the k1 or should I marry her when she comes on her esta and surprise her and parole her in place? I just want to do it the legal way as so does she 

K-1 is a good plan.....the other option you suggested is visa fraud.  It is fraud to enter the US on ESTA with the intent to stay and adjust status.......

 

[payxibka 10,047]

6 minutes ago, KiloSpec 2 said:

So long story short I’m in the military want to marry my girlfriend should we do the k1 or should I marry her when she comes on her esta and surprise her and parole her in place? I just want to do it the legal way as so does she 

She cannot enter on a non-immigrant entry (esta) with the intent of gaining immigration benefits

[KiloSpec 2 0]

1 minute ago, missileman said:

K-1 is a good plan.....the other option you suggested is visa fraud.  It is fraud to enter the US on ESTA with the intent to stay and adjust status.......

 

That’s is what I thought from reading just wasn’t sure thank you! 

[KiloSpec 2 0]

3 minutes ago, Dee elle said:

If she doesn't know he is going to ask her to marry him, she won't be entering on a visitors visa with the intent to stay.. but i understand what is being stated correctly about entering and adjusting... 

That’s what I don’t understand about parole in place I just want to take the smoothest route so she can finish school and work the easiest and legal way

[payxibka 10,047]

1 minute ago, KiloSpec 2 said:

That’s what I don’t understand about parole in place I just want to take the smoothest route so she can finish school and work the easiest and legal way

Intent is determined at the point of entry.  If she is allowed in then there is no issue

[Crazy Cat 42,621]

5 minutes ago, Dee elle said:

If she doesn't know he is going to ask her to marry him, she won't be entering on a visitors visa with the intent to stay.. but i understand what is being stated correctly about entering and adjusting... 

Technically, that might be correct.....but practically, how easily can someone just (without any warning) remain in another country for 4 or 5 months.....but that wasn't the question, so I will stop....lol...

It's a very interesting question, in my book.

[Roel 7,193]

Do k1 but be sure she actually want to marry you. It's not a visa for people who want to hang out. It's a visa for people ready to marry. 

 

Coming on esta and plan to adjust is illegal. Don't do it especially since you're in the military. (Military wife here, came on k1 also). 

[Roel 7,193]

Just talk and see if you're ready to marry. K1 takes close to 10 months to process now anyway so she'll have time to wrap up her things. 

 

Or you can marry on Esta and THEN she returns back to her country. Then to do it legally you file for cr1 spouse visa. It's kind of better than k1 visa and it just takes couple more months to process. But then she can work as soon she arrives in the US. 

 

With k1 you still have to adjust and wait another year for her green card and few months for work permit. 

 

You pretty much just have 2 options. 

[Boiler 46,312]

PiP is something different.

[Hypnos 6,578]

I was about to say, PIP isn't what you think it is, or intended to be used how you intended to use it.

Edited March 20, 2018 by Hypnos

[Roel 7,193]

I assumed OP thought he was talking about AOS.  Since his fiance clearly wouldn't be undocumented (pip).