Is the K-1 right for me?

[me! 0]

First I'd like to say that I'm new here and so excited to have found this forum. I was so sick of getting lawyers when I did a google search!

So, this is my situation.

I was recently living in Poland for nine months, where I met my boyfriend. When we first started looking at visas that would help him come and VISIT/WORK in the US, it seemed that it would be immpossible, so I thought, hey, why not a fiancee visa. It's not THAT big of a deal. So we talked about it and decided that maybe it would be the best route. We told some of our family and a few of our friends the sort of visa we were applying for, but that things were very much still up in the air, as there was no way to know if he would even LIKE the states.

Recently though, I read that it would take six months or more to get the fiancee visa and that it really was a HUGE deal. The day after realizing the length of time it would take for a fiancee visa, I (by serendipity) found a place that would sponsor him to come and work on an H-2B visa.

So this is the BIG question.

If he did come on the H-2B visa and discovered he liked my family and liked living in the states, and then we got married here, most likely at least over a year from now, would the INS accuse us of having planned it that way all along and then deport him?

I haven't filed any paperwork yet and I don't have a ring on my finger either. I'm just so confused and afraid!

[Dan J 277]

First I'd like to say that I'm new here and so excited to have found this forum. I was so sick of getting lawyers when I did a google search!

So, this is my situation.

I was recently living in Poland for nine months, where I met my boyfriend. When we first started looking at visas that would help him come and VISIT/WORK in the US, it seemed that it would be immpossible, so I thought, hey, why not a fiancee visa. It's not THAT big of a deal. So we talked about it and decided that maybe it would be the best route. We told some of our family and a few of our friends the sort of visa we were applying for, but that things were very much still up in the air, as there was no way to know if he would even LIKE the states.

Recently though, I read that it would take six months or more to get the fiancee visa and that it really was a HUGE deal. The day after realizing the length of time it would take for a fiancee visa, I (by serendipity) found a place that would sponsor him to come and work on an H-2B visa.

So this is the BIG question.

If he did come on the H-2B visa and discovered he liked my family and liked living in the states, and then we got married here, most likely at least over a year from now, would the INS accuse us of having planned it that way all along and then deport him?

I haven't filed any paperwork yet and I don't have a ring on my finger either. I'm just so confused and afraid!

The question is staying after you get married. Anyone can get married in the US.

It is possible to use other types of visas, that is other than immigrant, K and H1B visas to get married and adjust status. Only if you decide to get married after you enter the country. To enter on say a tourist visa with the intention of getting married and staying would be considered fraud and AOS may be denied.

H1B is considered dual intent. Meaning you can come here and work, and then go home, but you do have option of getting married and adjusting status. But H2B is not.

[pushbrk 13,361]

First I'd like to say that I'm new here and so excited to have found this forum. I was so sick of getting lawyers when I did a google search!

So, this is my situation.

I was recently living in Poland for nine months, where I met my boyfriend. When we first started looking at visas that would help him come and VISIT/WORK in the US, it seemed that it would be immpossible, so I thought, hey, why not a fiancee visa. It's not THAT big of a deal. So we talked about it and decided that maybe it would be the best route. We told some of our family and a few of our friends the sort of visa we were applying for, but that things were very much still up in the air, as there was no way to know if he would even LIKE the states.

Recently though, I read that it would take six months or more to get the fiancee visa and that it really was a HUGE deal. The day after realizing the length of time it would take for a fiancee visa, I (by serendipity) found a place that would sponsor him to come and work on an H-2B visa.

So this is the BIG question.

If he did come on the H-2B visa and discovered he liked my family and liked living in the states, and then we got married here, most likely at least over a year from now, would the INS accuse us of having planned it that way all along and then deport him?

I haven't filed any paperwork yet and I don't have a ring on my finger either. I'm just so confused and afraid!

The question is staying after you get married. Anyone can get married in the US.

It is possible to use other types of visas, that is other than immigrant, K and H1B visas to get married and adjust status. Only if you decide to get married after you enter the country. To enter on say a tourist visa with the intention of getting married and staying would be considered fraud and AOS may be denied.

H1B is considered dual intent. Meaning you can come here and work, and then go home, but you do have option of getting married and adjusting status. But H2B is not.

That pretty much nails it. It sounds like you haven't decided about marriage yet and won't do so until after he decides if he likes the US and your family. That's all very reasonable, so it sounds like you have a plan. I say go for it. If you end up deciding to get married, adjust his status.

[me! 0]

The trouble with the H-1B visa is that he's not a "professional" and doesn't have a four-year degree or the necessary work experience. His english isn't very strong yet, so he wouldn't be able to apply for college here and come on a student visa...

Although, if he came on an H-2B visa and polished up his english could he change to a student visa?

Edited June 22, 2007 by me!

[john_and_marlene 162]

When we first started looking at visas that would help him come and VISIT/WORK in the US, it seemed that it would be immpossible, so I thought, hey, why not a fiancee visa. It's not THAT big of a deal.

I appears that your goal is to get him entry to the US to VISIT/WORK and marriage is just the method for attaining that goal.

Using marriage based visas to circumvent the immigration process to come and VISIT/WORK in the US is considered immigration fraud. It is a big deal. With the K-1 you would have to marry within 90 days of arrival--it's not a friendship-come-and-visit-me-for-awhile visa. If you decide to marry for the sole purpose of allowing him to enter and work in the US, it's considered fraud.

[me! 0]

After we got used to the idea of getting married so quickly, it sort of began to fit. So now I'm afraid of fraud on both sides. I'm afraid if he comes on the work visa it could be argued that we planned to get married all along, or that if he comes on the finace visa it could be argued that we got married, or at least accelerated in the direction, so that he could get a visa at all.

I mean, they can't both be fraud, can they? I'm frightened of fraud. I don't want to have anything to do with it. I just want to follow the rules and get the appropriate visa for him. I like the idea of marrying him. I also like the idea of not having to do it 90 days after he gets here. I want to invent my own visa type, the H-1C, the pre-engagement/work visa for the non-professional.

Legally, how is it decided how far a person is along the road to the altar? According to the courts, when does a relationship become an engagement? When you talk about getting married someday together? When he proposes and gives you a ring? When you set the date?

I don't even know the answers to these questions without the confusion of visas, let alone with it.

[bakofoil 27]

After we got used to the idea of getting married so quickly, it sort of began to fit. So now I'm afraid of fraud on both sides. I'm afraid if he comes on the work visa it could be argued that we planned to get married all along, or that if he comes on the finace visa it could be argued that we got married, or at least accelerated in the direction, so that he could get a visa at all.

I mean, they can't both be fraud, can they? I'm frightened of fraud. I don't want to have anything to do with it. I just want to follow the rules and get the appropriate visa for him. I like the idea of marrying him. I also like the idea of not having to do it 90 days after he gets here. I want to invent my own visa type, the H-1C, the pre-engagement/work visa for the non-professional.

Legally, how is it decided how far a person is along the road to the altar? According to the courts, when does a relationship become an engagement? When you talk about getting married someday together? When he proposes and gives you a ring? When you set the date?

I don't even know the answers to these questions without the confusion of visas, let alone with it.

There is a lot of confusion and uncertainty and there are no guarantees when it comes to deciding on the best most legal route to being with your partner. Be prepared for a lot of waiting, a lot of frustration and some real tests of your commitment to one another.

I met my partner online and visited with him for the first time in April. We knew we were in love before we even met, but couldn't guarantee that we would feel that way on meeting physically. In the early stages of our relationship we had discussed at length how we would deal with being apart after that initial meet, how in the future we might be together, whether he should come to the UK or vice versa. After meeting and spending time physically together, we knew that all the feelings we had experienced during our online relationship were magnified tenfold and the separation since has been extremely difficult at times.

Since meeting we have spent the past 2 months reading information, discussing and asking questions about all the possibilities. We know now that we want to spend the rest of our lives together and we really love the idea of being married. However, like you, we have both wondered if it might be more ideal to get a visa which would allow me to work and live there with him and see how our relationship pans out before taking the plunge into marriage. There is certainly an option for me to do that as I have a professional qualification which would assist me greatly in the process of obtaining a work visa. However, the work visa route is also beset with problems and you would be wise to read up on those before you make a decision based on finding him a hasty route to visit you and stay for a decent period of time.

All the people here who are experiencing separation from their partners have had a lot of thinking time. I view this time as valuable. I also view many of the people on this board as being a great source of inspiration and information. It hurts to be separated from the person you love but it also makes you realise what you have and what you want from your life. The time apart gives you the opportunity to consider, to plan, to ensure you are committed to one other. No one can guarantee their relationship will work out but I do think that none of us here take our relationships for granted in the same way we might if he or she were just down the street.

After much consideration my fiance and I know that marriage is what we want, not just a means of being together on a more regular basis. I think when you reach that point, you will not question whether you are 'legally engaged' or not.

Making plans to be with someone who lives in a different country is always going to take time and will be riddled with confusing choices. But, once you decide the K1 route is for you I am certain that after approximately 6 months of waiting, that 90 day window for getting married will be one you look forward to rather than feel a little shaky about.

Work with your boyfriend to get him a ticket to visit as a tourist. Let him meet your family, experience life there and spend some quality time together. Then work out which route is the best one for both of you.

Good luck

[tm56 0]

after all this discussion about visa fraud and such, i am wondering...couldnt the following situation occur -

an international couple is very much in love and truly committed and wanting to get married...apply for and receive K-1 visa for fiance to enter the states for them to marry (lets say its his first time in the states, so also he will meet the family, get used to it, etc..)..

lets say 2 months into the stay, something dreadful happens, be it he is instantly enchanted by a gorgeous american, or something happens and the engagement is broken off, the couple breaks up, etc...although they entered into the K-1 with the full intention of marrying. i mean, thi ngs happen, its life, its not scripted...

i suppose my point is, how can the USCIS or INS or what have you actually prove fraud? it all seems very subjective. in any case, i guess you dont want to take risks with potentially being thrown out of the country, eh....

[bora bora 1]

after all this discussion about visa fraud and such, i am wondering...couldnt the following situation occur -

an international couple is very much in love and truly committed and wanting to get married...apply for and receive K-1 visa for fiance to enter the states for them to marry (lets say its his first time in the states, so also he will meet the family, get used to it, etc..)..

lets say 2 months into the stay, something dreadful happens, be it he is instantly enchanted by a gorgeous american, or something happens and the engagement is broken off, the couple breaks up, etc...although they entered into the K-1 with the full intention of marrying. i mean, thi ngs happen, its life, its not scripted...

i suppose my point is, how can the USCIS or INS or what have you actually prove fraud? it all seems very subjective. in any case, i guess you dont want to take risks with potentially being thrown out of the country, eh....

This happens to a few couples - I've read about two recently.

These cases were about two Brazilian girls who came into the U.S. with the K1 visa because they were in love with their fiances and had every intention of getting married. However, when they arrived they got into arguments with their fiances and decided against getting married. That is why USCIS gives us 90 days to get married.

Both of these girls returned home - as their only reason for coming was to get married, and since they didn't - they went home.

I can't tell you what to do - only that the K1 visa is a FIANCE(E) visa and for people who want to get married....not to try it out. There are people who apply for other visas to be together in the same country - and who are not sure if they want to get married yet. That may be worth applying for. However, I know that it is not easy to get visas to the U.S. I work in an international school and hear A LOT of visa/immigration stories.

Good luck.

(Just remember that the K1 visa is to get married).

Edited June 26, 2007 by Bora Bora

[pushbrk 13,361]

after all this discussion about visa fraud and such, i am wondering...couldnt the following situation occur -

an international couple is very much in love and truly committed and wanting to get married...apply for and receive K-1 visa for fiance to enter the states for them to marry (lets say its his first time in the states, so also he will meet the family, get used to it, etc..)..

lets say 2 months into the stay, something dreadful happens, be it he is instantly enchanted by a gorgeous american, or something happens and the engagement is broken off, the couple breaks up, etc...although they entered into the K-1 with the full intention of marrying. i mean, thi ngs happen, its life, its not scripted...

i suppose my point is, how can the USCIS or INS or what have you actually prove fraud? it all seems very subjective. in any case, i guess you dont want to take risks with potentially being thrown out of the country, eh....

This happens to a few couples - I've read about two recently.

These cases were about two Brazilian girls who came into the U.S. with the K1 visa because they were in love with their fiances and had every intention of getting married. However, when they arrived they got into arguments with their fiances and decided against getting married. That is why USCIS gives us 90 days to get married.

Both of these girls returned home - as their only reason for coming was to get married, and since they didn't - they went home.

I can't tell you what to do - only that the K1 visa is a FIANCE(E) visa and for people who want to get married....not to try it out. There are people who apply for other visas to be together in the same country - and who are not sure if they want to get married yet. That may be worth applying for. However, I know that it is not easy to get visas to the U.S. I work in an international school and hear A LOT of visa/immigration stories.

Good luck.

(Just remember that the K1 visa is to get married).

So if you haven't made a firm decision to get married, you don't have a fiance. You have a boyfriend who has a job and an employer to sponsor him to come to the US. If you later decide to marry, he won't need a visa. He'll need to adjust status.

[john_and_marlene 162]

after all this discussion about visa fraud and such, i am wondering...couldnt the following situation occur -

an international couple is very much in love and truly committed and wanting to get married...apply for and receive K-1 visa for fiance to enter the states for them to marry (lets say its his first time in the states, so also he will meet the family, get used to it, etc..)..

lets say 2 months into the stay, something dreadful happens, be it he is instantly enchanted by a gorgeous american, or something happens and the engagement is broken off, the couple breaks up, etc...although they entered into the K-1 with the full intention of marrying. i mean, thi ngs happen, its life, its not scripted...

i suppose my point is, how can the USCIS or INS or what have you actually prove fraud? it all seems very subjective. in any case, i guess you dont want to take risks with potentially being thrown out of the country, eh....

If you don't marry the original petitioner, you go out of status in 90 days and there is no path that will allow you to adjust status from the current visa--not even if you marry another USC. The beneficiary must leave the U.S. by the expiration of the I-94 or be illegal. You won't be able to get employment authorization or an SSN.

[gag54611 1]

If he comes here on a K-1, the 2 of you will have 90 days to get married after his arrival. If you don't do this, he must return to Poland. Since the 2 of you aren't even convinced that marriage is right for you, it seems to me that the K-1 option is fraught with complications. Can he come on a vistor visa? If yes, he will need to be able to support himself while he's here, because he won't be able to work legally. I believe that a visitor visa will get him here for 6 months.

The H2B seems to give you the best option because he will be able to work while he's here, and if you use that time to get to know one another better and then decide on marriage, so be it. It just seems a bit fuzzy I suppose because it isn't the normal way to do things.

Another point to consider very carefully is his motivation. From what you have said, he doesn't sound as committed to you as you do to him. He seems to be basing his love for you on how much he will like your family and like living in the USA. Isn't being with you what its supposed to be about?

Best of luck,

G

[yassmine2878 1]

First I'd like to say that I'm new here and so excited to have found this forum. I was so sick of getting lawyers when I did a google search!

So, this is my situation.

I was recently living in Poland for nine months, where I met my boyfriend. When we first started looking at visas that would help him come and VISIT/WORK in the US, it seemed that it would be immpossible, so I thought, hey, why not a fiancee visa. It's not THAT big of a deal. So we talked about it and decided that maybe it would be the best route. We told some of our family and a few of our friends the sort of visa we were applying for, but that things were very much still up in the air, as there was no way to know if he would even LIKE the states.

Recently though, I read that it would take six months or more to get the fiancee visa and that it really was a HUGE deal. The day after realizing the length of time it would take for a fiancee visa, I (by serendipity) found a place that would sponsor him to come and work on an H-2B visa.

So this is the BIG question.

If he did come on the H-2B visa and discovered he liked my family and liked living in the states, and then we got married here, most likely at least over a year from now, would the INS accuse us of having planned it that way all along and then deport him?

I haven't filed any paperwork yet and I don't have a ring on my finger either. I'm just so confused and afraid!

That's asking for trouble, IMO. Getting a marriage-based visa is serious business and it requires alot of thought and commitment. Its not easy or quick, and its notorious for ruining relationships because of the stress involved. As for whether or not you'll get boiled by INS, Id say you can expect an interrogation at the very least. You risk being accused of visa fraud. If you're not sure about getting married, then you should spend more time building your relationship. I would advise trying for the visitor visa first. If he comes here and hates it, you're not out as much. If he comes here and likes it, you're already building your visa petition case. Of course, its your choice if you decide to marry on a visitor or student visa, but you may find INS/USCIS making your life rather difficult. In any event, I wish you the best of luck and hope things turn out to your advantage.

[Chica Yeyé 41]

So if you haven't made a firm decision to get married, you don't have a fiance. You have a boyfriend who has a job and an employer to sponsor him to come to the US. If you later decide to marry, he won't need a visa. He'll need to adjust status.

pushbrk is right on target here. My humble opinion is to go with the work visa - that way he can figure out if he likes the US, and you both can figure out if you like each other enough to get married. If he enters on a work visa and then marries you, I don't see how this would be any different from people coming in to either study or work in the US (without having USC boyfriend/girlfriend), falling in love, getting married, and adjusting status.

Good luck, L.