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Agatha123

I have applied for a K1 visa but I have been advised to marry on a tourist visa

By Agatha123 in Adjustment of Status from Work, Student, & Tourist Visas

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Agatha123 Newbie

Agatha123   0

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Hello everyone!
I am a European and my fiance is a US citizen.
We have applied for a K1 fiance visa for me last september (2021) when the borders were still closed.


We still do not have any news and it is taking more time than expected. Therefore, it has been advised to us to get married on a tourist visa because the K1 visa might still take a lot of time.
It was advised to us to enter the country on a tourist visa, wait one month and get married. Then apply for a green card adjustment, advocating that the idea was to visit but we got married unplanned.

 

Is there a risk in getting married on a tourist visa (and apply for a green card in order to stay in the country), especially having a pending K1 visa application ?
Is there a risk of getting expulsed of the US when overstaying a tourist visa being married to a US citizen, waiting for a green card?
 

I really hope someone would help me!!!

Agatha

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slavaskii Rising Star

slavaskii   886

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Filed: AOS (pnd) Country: Belarus
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Posted
1 minute ago, Agatha123 said:

Is there a risk in getting married on a tourist visa (and apply for a green card in order to stay in the country), especially having a pending K1 visa application ?
Is there a risk of getting expulsed of the US when overstaying a tourist visa being married to a US citizen, waiting for a green card?

Yes. The plan you just detailed is illegal. 

K-1 Visa Process: Complete ✅

I-129F Sent: 03/16/2021

I-129F Picked Up from Dallas Lockbox: 03/18/2021

NOA1: Received 03/17/2021 (backdated); notice date 04/08/2021

NOA2: 2/18/22 

NVC Received: 03/08/2022

NVC Case Number: 03/17/2022

Interview: 06/06/2022 —> Approved!

Wedding: 08/02/2022 🥳
 

AOS Process: Complete ✅

I-435/I-765/I-131 Sent: 08/09/2022

I-435/I-765/I-131 Picked up from Chicago PO Box: 08/10/2022

Priority Date: 08/10/2022 (NBC)

I-864 RFE: 08/25/2022

Biometrics: 09/08/2022 

Active Reviews: 09/08/2022 (EAD), 09/09/2022 (AOS)

RFE Response Sent: 09/15/2022

EAD / AP Approval: 06/06/2023 (approval notice in portal, no status update)

I-485 Approval: 04/19/2024 🥳

Crazy Cat Grand Master

Crazy Cat   42,033

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
9 minutes ago, Agatha123 said:

It was advised to us to enter the country on a tourist visa, wait one month and get married. Then apply for a green card adjustment, advocating that the idea was to visit but we got married unplanned.

That is illegal, and misrepresentation is extremely serious.  Life is full of choices...and consequences. 

/end thread

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

SteveInBostonI130 Experienced

SteveInBostonI130   3,477

Posted
Filed: IR-1/CR-1 Visa Country: Ukraine
 Timeline
Posted
6 minutes ago, Agatha123 said:

Hello everyone!
I am a European and my fiance is a US citizen.
We have applied for a K1 fiance visa for me last september (2021) when the borders were still closed.


We still do not have any news and it is taking more time than expected. Therefore, it has been advised to us to get married on a tourist visa because the K1 visa might still take a lot of time.
It was advised to us to enter the country on a tourist visa, wait one month and get married. Then apply for a green card adjustment, advocating that the idea was to visit but we got married unplanned.

 

Is there a risk in getting married on a tourist visa (and apply for a green card in order to stay in the country), especially having a pending K1 visa application ?
Is there a risk of getting expulsed of the US when overstaying a tourist visa being married to a US citizen, waiting for a green card?
 

I really hope someone would help me!!!

Agatha

 

The part of your post I marked in bold is immigration fraud and custom's and border protection misrepresentation.

 

You can enter on a tourist visa, marry and then file for CR1 consular processing.  This process takes 12-24 months to complete.  You can keep visiting while waiting, at the discretion of CBP.

 

Crazy Cat Grand Master

Crazy Cat   42,033

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

The terms of service for Visa Journey prevent members from advocating or condoning illegal activity in any way, shape, or form.   

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   42,033

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
37 minutes ago, Agatha123 said:

It was advised to us to enter the country on a tourist visa, wait one month and get married. Then apply for a green card adjustment, advocating that the idea was to visit but we got married unplanned.

Who advised this? FB? Reddit? Attorney? 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

slavaskii Rising Star

slavaskii   886

Posted
Filed: AOS (pnd) Country: Belarus
 Timeline
Posted

I will also add to OP's benefit that if you filed in September 2021, there's probably another 6-8 month wait ahead of you for your initial approval from USCIS. But if your embassy is Europe (mind telling us where?), you may not have a long wait after that. I would say it's best to keep with the K1 instead of switching to the IR1/CR1 spousal as you have already invested 8 months into the process and that can't be credited to another visa.

 

Can your American fiance continue to visit you in Europe?

K-1 Visa Process: Complete ✅

I-129F Sent: 03/16/2021

I-129F Picked Up from Dallas Lockbox: 03/18/2021

NOA1: Received 03/17/2021 (backdated); notice date 04/08/2021

NOA2: 2/18/22 

NVC Received: 03/08/2022

NVC Case Number: 03/17/2022

Interview: 06/06/2022 —> Approved!

Wedding: 08/02/2022 🥳
 

AOS Process: Complete ✅

I-435/I-765/I-131 Sent: 08/09/2022

I-435/I-765/I-131 Picked up from Chicago PO Box: 08/10/2022

Priority Date: 08/10/2022 (NBC)

I-864 RFE: 08/25/2022

Biometrics: 09/08/2022 

Active Reviews: 09/08/2022 (EAD), 09/09/2022 (AOS)

RFE Response Sent: 09/15/2022

EAD / AP Approval: 06/06/2023 (approval notice in portal, no status update)

I-485 Approval: 04/19/2024 🥳

  • Ryan H locked this topic
Ryan H Grand Master

Ryan H   3,819

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

***Under the below quoted provision of the TOS, this thread is locked to additional discussion; do not restart this thread or refer to it in future discussions.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
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