K1 or CR1 visa? (merged)

[Steph00 0]

Hello, I am planning to marry an American citizen. I had my tourist visa as a Brazilian canceled 3 years ago when I was denied at the border. I didn't break the law, just stayed 6 months as a tourist (this time was allowed) and after a month in Canada I tried to be back. Last year I also had a student visa denied when I applied with an Italian passport and also the ESTA denied.

Should I try to apply now for a tourist visa or the K1 fiance? 

Thanks!

[dalindeck 390]

3 minutes ago, Steph00 said:

Hello, I am planning to marry an American citizen. I had my tourist visa as a Brazilian canceled 3 years ago when I was denied at the border. I didn't break the law, just stayed 6 months as a tourist (this time was allowed) and after a month in Canada I tried to be back. Last year I also had a student visa denied when I applied with an Italian passport and also the ESTA denied.

Should I try to apply now for a tourist visa or the K1 fiance? 

Thanks!

If you intend on getting married in the US, you need the K1 visa. Entering on a tourist visa and then getting married is grounds for fraud.

[SteveInBostonI130 3,477]

30 minutes ago, dalindeck said:

If you intend on getting married in the US, you need the K1 visa. Entering on a tourist visa and then getting married is grounds for fraud.

 

Slight correction.  A person can enter the US on a tourist visa and marry.  Perfectly ok.  It is fraud to enter the US, marry, and apply to adjusting status to remain in the US.  That last part is the issue.

 

@Steph00, from your history it will be extremely unlikely that you will be approved for a tourist visa.  Your USC partner can petition you for a K1, or you can get married in your country or in a third country and your spouse can petition you for a CR1.

 

 

[dalindeck 390]

1 minute ago, SteveInBostonI130 said:

 

Slight correction.  A person can enter the US on a tourist visa and marry.  Perfectly ok.  It is fraud to enter the US, marry, and apply to adjusting status to remain in the US.  That last part is the issue.

 

@Steph00, from your history it will be extremely unlikely that you will be approved for a tourist visa.  Your USC partner can petition you for a K1, or you can get married in your country or in a third country and your spouse can petition you for a CR1.

 

 

Thank you for this clarification! A very important distinction that I wasn't aware of.

[aaron2020 11,651]

File for the K-1.

 

Your chances of a tourist visa after 2 denials are near zero.  

[SteveInBostonI130 3,477]

Also, another distinction: the part about adjusting status is not the real issue.  It is the part of intending to enter the US to then adjust status that is the fraud part.  

 

For example, someone enters the US to visit friends or family, or just to tour the US.  They meet someone at a bar, have a wild night, next thing they wake up in a hotel room in Vegas with a ring on their hand.

 

Setting aside how this is hilarious and messed up, it is fine if that person decides to stick with their new spouse and adjust status.  Or he/she can return home for consular processing.  Either option is ok.  Except for the drunken debauchery, that is.  Or not.

[HandmadeTurnip 151]

What do you plan to do after getting married? Is your long term plan to live in the US together?

[mushroomspore 3,044]

57 minutes ago, Steph00 said:

Hello, I am planning to marry an American citizen. I had my tourist visa as a Brazilian canceled 3 years ago when I was denied at the border. I didn't break the law, just stayed 6 months as a tourist (this time was allowed) and after a month in Canada I tried to be back. Last year I also had a student visa denied when I applied with an Italian passport and also the ESTA denied.

Should I try to apply now for a tourist visa or the K1 fiance? 

Thanks!

0% chance you will get the tourist visa.

 

Your only options are:

 

1. Get K1 visa, enter USA with it, get married, stay permanently inside US and file Adjustment of Status (green card) papers within 90 days of K1 entry.

 

2. Get married somewhere else, file for CR1 visa, enter USA with CR1 visa and receive green card after entry, live/work permanently in the US.

Edited January 25, 2022 by mushroomspore

[Marieke H 2,521]

1 hour ago, Steph00 said:

Hello, I am planning to marry an American citizen. I had my tourist visa as a Brazilian canceled 3 years ago when I was denied at the border. I didn't break the law, just stayed 6 months as a tourist (this time was allowed) and after a month in Canada I tried to be back. Last year I also had a student visa denied when I applied with an Italian passport and also the ESTA denied.

Should I try to apply now for a tourist visa or the K1 fiance? 

Thanks!

Have you met this American citizen in person yet? That would be your first step. It is unlikely that you will be able to get a tourist visa, so the US citizen will have to travel to you or you can meet in a third country.

 

If you have met in person within the last two years, the US citizen can file the I-129F petition for you; you can't do that yourself.

[Redro 4,611]

5 hours ago, Steph00 said:

Hello, I am planning to marry an American citizen. I had my tourist visa as a Brazilian canceled 3 years ago when I was denied at the border. I didn't break the law, just stayed 6 months as a tourist (this time was allowed) and after a month in Canada I tried to be back. Last year I also had a student visa denied when I applied with an Italian passport and also the ESTA denied.

Should I try to apply now for a tourist visa or the K1 fiance? 

Thanks!

Your B1/B2  time doesn't reset if you visit Canada or Mexico (unless you're a resident of Mexico or Canada). 

You were rightly denied at the border because time in Canada or Mexico counts towards the 6 month stay you were given. 

 

 

B-1 or B-2 Visas:  During your visit to the U.S., you may visit Canada or Mexico for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I-94 which you received when you first entered.

For instance, if you come to the U.S. on the July 10th on a B2 Visitor Visa, you may go to Canada and/or Mexico (provided you have the proper documentation to enter those countries) on or after December 10th, and reenter the U.S. any time up until January 10. But because the six month period is up on January 10, you will also have to depart from the U.S. on that same day to avoid being an "overstay" (unless you applied for an extension of stay).

https://help.cbp.gov/s/article/Article-751?language=en_US

 

 

 

 

Edited January 25, 2022 by Kor2USA

[powerpuff 6,746]

~ Topic moved from K1 Progress Reports to Process ~

[Timona 4,208]

How many attempts are you throwing in? Brazilian PP, Italian PP, ESTA, Student???

[SalishSea 18,063]

14 hours ago, Steph00 said:

Hello, I am planning to marry an American citizen. I had my tourist visa as a Brazilian canceled 3 years ago when I was denied at the border. I didn't break the law, just stayed 6 months as a tourist (this time was allowed) and after a month in Canada I tried to be back. Last year I also had a student visa denied when I applied with an Italian passport and also the ESTA denied.

Should I try to apply now for a tourist visa or the K1 fiance? 

Thanks!

Your history shows a sort of desperation for a visa.  

 

Are you engaged?  If so, your US citizen petitioner is free to petition you for a K-1 visa.

 

Unfortunately, your chances of a B visa are nil.

[carmel34 3,650]

18 hours ago, Steph00 said:

Hello, I am planning to marry an American citizen.

Best for the USC to do the research and ask these questions.  Is the USC planning to marry you?  He/she will be filing the petition so suggest they get a VJ account and read the guides.

[Allaboutwaiting 2,503]

4 hours ago, carmel34 said:

 Is the USC planning to marry you? 

Thought the same. OP's wording was odd.

Edited January 26, 2022 by Allaboutwaiting