Getting Married on a Tourist Visa instead of K1

[JonLu 3]

My fiance (Brazil) and I filed a K-1 on June of 2021. We are waiting for NOA2 as of now but it's all taking too long and we are growing impatient of waiting. My fiance is in the USA with a Tourist Visa. Is there any way we can get legally married now and not commit visa fraud? Perhaps by abandoning the K1 and adjusting her status?  I know, I know... it's not safe and guarranteed, but what are our options? If the smart thing to do rn is to just wait for the full K1 process, is there anything we can be doing to hurry along the K-1 process while she is up here in the states? I'd like to know your opinion before I decide to spend money on a lawyer. Thanks.

[Mike E 11,742]

If there was no intent to adjust status at time of the point of entry, then it is not fraud to file to adjust status now. You should file before the I-94 expires.  

[Boiler 46,031]

VJ has a forum specifically for those adjusting from B etc visas. Presumably she has no need to go home any time soon

[Mike E 11,742]

1 minute ago, Boiler said:

VJ has a forum specifically for those adjusting from B etc visas. Presumably she has no need to go home any time soon

Like if she entered on a K-1 instead  of a B.  

Edited May 11, 2022 by Mike E

[TBoneTX 46,067]

Thread is moved to the "AOS from WS&T Visas" forum.

[Redro 4,611]

26 minutes ago, JonLu said:

My fiance (Brazil) and I filed a K-1 on June of 2021. We are waiting for NOA2 as of now but it's all taking too long and we are growing impatient of waiting. My fiance is in the USA with a Tourist Visa. Is there any way we can get legally married now and not commit visa fraud? Perhaps by abandoning the K1 and adjusting her status?  I know, I know... it's not safe and guarranteed, but what are our options? If the smart thing to do rn is to just wait for the full K1 process, is there anything we can be doing to hurry along the K-1 process while she is up here in the states? I'd like to know your opinion before I decide to spend money on a lawyer. Thanks.

No issue. 

If you have just decided to shift from K1 to AOS you'll be okay. 

Intent was determined at POE.

Make sure she has all the documentation required for the I-485 before you file: birth certificate is the most important for some countries ( as the document required by USCIS differs from regular document people obtain). 

[Chancy 6,243]

11 minutes ago, JonLu said:

My fiance is in the USA with a Tourist Visa. Is there any way we can get legally married now and not commit visa fraud?

 

Yes, it would be legal to get married now and abandon the K1 process.  The immigration path you and your spouse-to-be should choose will depend on your priorities.  Options --

1. Get married, leave before I-94 expiry, pursue CR1/IR1 spouse visa.  Spouse can wrap up their affairs back in their home country while waiting for their visa process to complete.  They can visit again with their tourist visa during the process, subject to the usual CBP inspection.  Upon US entry with spouse visa, they immediately gain permanent resident status, with authorization to work and travel freely.
2. Get married, stay and file for adjustment of status.  Spouse gets to stay in the US, but loses their B1/B2 visa.  Spouse cannot work nor leave/re-enter the US for 8 months up to a year or more, until they get EAD/AP or GC.  But this would be the case anyway if they enter on a K1 visa.

Neither option requires a lawyer, assuming your spouse-to-be has no criminal background or visa violations (other than the B visa overstay for adjustment of status).

 

[Rocio0010 5,630]

55 minutes ago, JonLu said:

Is there any way we can get legally married now and not commit visa fraud?

Yes. You can get married now and adjust status. As long as there was no immigrant intent when entering the US, "fraud" is a non- issue in your case.

 

56 minutes ago, JonLu said:

it's not safe and guarranteed, but what are our options?

Option 1 is to get married now, and file for AOS. Ideally before the I-94 expiration date while spouse is in the US. This is called adjustment of status. The main drawback is that your spouse will not be allowed to work for 8-9 months.

 

Option 2 is to get married here, leave  before the expiration date of the I-94, file for a spousal visa. It is currently taking 1-2 years, but spouse can use tourist visa to visit you (at the discretion of the officer) and can go back to their home country and wrap things up before the final move.

[cappuccino 8]

We initially want to do the K1 this year. But last year during my visit with b2 visa, due to situation with covid in my country was bad we decided to do AOS and i stayed in USA during the process. We got married and submit the AOS before my i-94 expired. Did it without lawyer. Honestly the process these days quite faster (2022 submission) even compare to mine that submitted last October 2021. Even for me i would say its fairly smooth process. These days people get their EAD & AP few days after bio or even right after bio.

My PD is Oct 2021

Bio Dec 2021

RFE I-864 (some mistake on filling form on household number)

I expedite my EAD on Dec 3 days after my Bio

EAD approved Feb 2022 i got a combo card

April Interview is scheduled

In few days ahead we will have our interview in Dallas (that well known with long processing at least 9 month, but i did it faster 7 months).

As long as your marriage is legit, and basically you can gave prove that its just unplanned (i submit my return flight ticket and travel insurance that state length of stay), i think it will be fine. It will be a problem if you intend to stay since before you even enter the country with tourist visa.