Applying for I-130 after entering the US.

[Abid Adeel 2]

Hi, I had a question that I hope someone can help in answering. I am thinking of applying for the K-1 visa for my fiance. 

 

I am getting married in a month outside the US. I know the I-130 process is about 18 months or longer at this point and thats too long for both of us. I know the K-1 right now takes about 5-6 months to get. 

 

So I am thinking what if I get married without filing for marriage paperwork, get a K-1 visa and then officially do court marriage in the US and apply for the I-130 paperwork once she is in the US. Is there a chance that they will know that we are married before hand without official paperwork? Does this usually work that easily? Should I just go about it officially and wait for 18 months? I am sure they will see the pictures and all but we can claim that obviously we had events for our engagement and all but there is no official marriage paperwork to show we are married at that point.

 

Please let me know how I can go about this or if there is any other way?

[Unlockable 7,315]

If you get married you can't apply for the K1 at all. Forget about the K1 if you are getting married in a month. 

 

And what you are basically suggesting is lying to cover the fact you are married. For one, it is fraud and illegal and your case (even if you have your green card already) would be under investigation. You can literally have your green card revoked. For two, it is morally not right. Do you see the issues involved with immigration already? Don't add to the problems. And for three, it is against this site's rules to discuss fraudulent activity like lying to immigration.

 

So best to get that thought out of your head now.

[myprecious 0]

You cannot apply for a visa when the person is already in the USA. You either choose between K1( short but expensive) or IR1/CR1 ( long but less expensive)

[powerpuff 6,746]

40 minutes ago, Abid Adeel said:

I know the K-1 right now takes about 5-6 months to get. 

Where did you get that information from? Because that is absolutely NOT true. That would be a dream come true if it truly was 5-6 months to get the visa. IF your consulate is even open, expect a year, possibly longer. Took me 11 months to get it during the pandemic and that’s considered fast these days. 
 

40 minutes ago, Abid Adeel said:

So I am thinking what if I get married without filing for marriage paperwork, get a K-1 visa and then officially do court marriage in the US and apply for the I-130 paperwork once she is in the U

K-1 visa if for marriage in the US ONLY. Doesn’t matter if you “filed paperwork or not” or if it’s an unofficial ceremony. Why are you trying to skirt the system? What makes you so special that “you can’t wait so long” to be reunited but all the rest of us have to wait like everyone else and be patient?? You will not get any support or sympathy on this forum because of how long we had to wait for the process.

 And you don’t  file I-130 when beneficiary arrives to the US. I suggest you research the immigration process more before embarking on this long and arduous journey. 
 

40 minutes ago, Abid Adeel said:

Is there a chance that they will know that we are married before hand without official paperwork?

Absolutely.

40 minutes ago, Abid Adeel said:

Should I just go about it officially and wait for 18 months?

YES.

 

Edited July 8, 2021 by powerpuff

[Sparkle Sparkle 914]

2 hours ago, powerpuff said:

What makes you so special that “you can’t wait so long” to be reunited but all the rest of us have to wait like everyone else and be patient

This was unnecessary... Op gets the point

[Crazy Cat 42,032]

3 hours ago, Abid Adeel said:

Hi, I had a question that I hope someone can help in answering. I am thinking of applying for the K-1 visa for my fiance. 

 

I am getting married in a month outside the US. I know the I-130 process is about 18 months or longer at this point and thats too long for both of us. I know the K-1 right now takes about 5-6 months to get. 

 

So I am thinking what if I get married without filing for marriage paperwork, get a K-1 visa and then officially do court marriage in the US and apply for the I-130 paperwork once she is in the US. Is there a chance that they will know that we are married before hand without official paperwork? Does this usually work that easily? Should I just go about it officially and wait for 18 months? I am sure they will see the pictures and all but we can claim that obviously we had events for our engagement and all but there is no official marriage paperwork to show we are married at that point.

 

Please let me know how I can go about this or if there is any other way?

You are trying to "game" the system to commit fraud . That usually ends poorly. If you marry, you have one option for a spouse outside the US- A CR-1 spousal visa.  Good luck.

Besides, your estimate of 5-6 months for a K-1 is extremely optimistic.

Good luck in your journey.  You have come to the right place for good information.

Edited July 8, 2021 by Lucky Cat

[powerpuff 6,746]

38 minutes ago, Sparkle Sparkle said:

This was unnecessary... Op gets the point

Disagree. He’s discussing how to commit fraud because he doesn’t want to wait long during the pandemic. 

[Abid Adeel 2]

Thank you everyone for the responses. From what I have gathered is, my only way to do this is by going through the official I-130 form. I was only asking for general information because I have heard stories about it. I figured this forum was there to make people understand and not assume they are about to do something. Sorry for any misunderstanding this has caused.

 

Also is there anyone who know about the K-3 visa does that still work?

Edited July 8, 2021 by Abid Adeel

[Crazy Cat 42,032]

43 minutes ago, Abid Adeel said:

Thank you everyone for the responses. From what I have gathered is, my only way to do this is by going through the official I-130 form. I was only asking for general information because I have heard stories about it. I figured this forum was there to make people understand and not assume they are about to do something. Sorry for any misunderstanding this has caused.

 

Also is there anyone who know about the K-3 visa does that still work?

K-3s are obsolete.  In 2019, I think only 5 were issued around the entire world.  Almost all of them are closed administratively, and they proceed as a CR-1/IR-1. 

[SalishSea 18,064]

1 hour ago, Abid Adeel said:

Thank you everyone for the responses. From what I have gathered is, my only way to do this is by going through the official I-130 form. I was only asking for general information because I have heard stories about it. I figured this forum was there to make people understand and not assume they are about to do something. Sorry for any misunderstanding this has caused.

 

Also is there anyone who know about the K-3 visa does that still work?

Your original post sure sounds like you are trying to look for ways around doing things legally.

 

After you’re married, you can use the I130 to petition her for a CR-1 visa.    She will need to wait in her country for an interview at the local consulate.   Wait times vary.   If she has a B visa or VWP, she can visit during that time, but she cannot live in the US until she receives the visa.

 

Everyone going through this must wait and be apart for various lengths of time.   It’s just part of the process.

 

I advise you to be very careful about trying to do anything shady, as the consequences could mean up to a lifetime ban for your girlfriend.

[Matthew Dodds 6]

I would suggest, if your entirely unsure about how to do the I-130, if you can..get a good immigration lawyer to advise and assist you.

[Rocio0010 5,599]

10 hours ago, Abid Adeel said:

thats too long for both of us

Sorry to tell you, but immigration can take a long time. If being together in the US is too long, then have you considered living in another country? 
Your post sounds as if you’re trying to game the system. Nobody here is going to tell you if you can/ how to do that because it’s illegal and against Visajourney’s TOS.

[Rocio0010 5,599]

10 hours ago, Abid Adeel said:

we had events for our engagement

I have read cases were genuinely all they had was an engagement party, and it caused issues with the officers because the couple was deemed “too married for a K1”. Don’t do stupid stuff , you’d be shooting yourself in the foot.

[Dashinka 24,707]

6 hours ago, Abid Adeel said:

Thank you everyone for the responses. From what I have gathered is, my only way to do this is by going through the official I-130 form. I was only asking for general information because I have heard stories about it. I figured this forum was there to make people understand and not assume they are about to do something. Sorry for any misunderstanding this has caused.

 

Also is there anyone who know about the K-3 visa does that still work?

You can always try the K3 filing, YMMV.

[mushroomspore 3,044]

9 hours ago, Abid Adeel said:

Thank you everyone for the responses. From what I have gathered is, my only way to do this is by going through the official I-130 form. I was only asking for general information because I have heard stories about it. I figured this forum was there to make people understand and not assume they are about to do something. Sorry for any misunderstanding this has caused.

 

Also is there anyone who know about the K-3 visa does that still work?

As others pointed out, K3's are effectively dead and there is a 99.9% chance it will simply be converted to a spousal visa anyway. So yes, spousal visa is your only option and you will have to wait however long it takes for them to get to your case. There are no short cuts to this. If there were, everyone would be doing it and that's all anybody would be posting about here. Technically, your other option would be to move to your significant other's country.

 

And FYI, even if you guys did do K1 (which takes way longer than 5-6 months right now...), your significant other would not be able to work in the USA or leave the USA for another 5-8+ months. It is at least 10-12+ months after K1 to get the green card as well (this process is called "adjustment of status" or AOS). Add on top of this that your significant other would also be going through culture shock and a period of major adjustment living in a whole new country. These problems can cause major stress and dysfunction. A lot of people file K1 because they only focus on wanting to end the separation time and they become stressed out while waiting for AOS to be approved. In reality, the separation time is really one single component of the larger picture. 

 

The advantage of the spousal visa (CR1/IR1) route is that your significant other will be a green card holder upon entry, meaning they will be able to work and travel immediately. 

Edited July 8, 2021 by mushroomspore