Marrying on a visitor visa?

[A+N 25]

Hi everyone. My fiancé and I are K1 filers. We should be getting our NOA2 any day now. I’m Canadian and he’s American. I have many friends and family telling us that we could’ve gotten married and lived in the US without doing this whole process. However, I feel like we did the right and honest thing by choosing a method “by the book”. But I’m curious, are people really able to use the visitor visa/visa waiver to get married and adjust status without leaving the US? Also, on a spousal visa… how long are you able to visit/live with a spouse in the US at a time before getting your green card? I would love to be able to answer how different methods work compared to the k1. Thanks!! 

[SalishSea 17,736]

1 hour ago, A+N said:

Hi everyone. My fiancé and I are K1 filers. We should be getting our NOA2 any day now. I’m Canadian and he’s American. I have many friends and family telling us that we could’ve gotten married and lived in the US without doing this whole process. However, I feel like we did the right and honest thing by choosing a method “by the book”. But I’m curious, are people really able to use the visitor visa/visa waiver to get married and adjust status without leaving the US? Also, on a spousal visa… how long are you able to visit/live with a spouse in the US at a time before getting your green card? I would love to be able to answer how different methods work compared to the k1. Thanks!! 

It is immigration fraud to enter the US with the intent to marry and adjust status.  If it wasn't - why would there even be visas needed?

 

In general, visitors (whether married to USC spouse or not) are able to stay for as long as granted by CBP.  

[A+N 25]

2 hours ago, Jorgedig said:

It is immigration fraud to enter the US with the intent to marry and adjust status.  If it wasn't - why would there even be visas needed?

 

In general, visitors (whether married to USC spouse or not) are able to stay for as long as granted by CBP.  

Thanks! 

[Cathi 5,740]

Traveling to the U.S with the intent to marry, stay and adjust status is immigration fraud.

[SteveInBostonI130 3,407]

Someone can visit, get married, and then pursue the CR1 spouse visa.  The foreign spouse will need to return to their country on or before the end of their authorized stay.

 

 

 

[Crazy Cat 41,593]

9 hours ago, A+N said:

Hi everyone. My fiancé and I are K1 filers. We should be getting our NOA2 any day now. I’m Canadian and he’s American. I have many friends and family telling us that we could’ve gotten married and lived in the US without doing this whole process. However, I feel like we did the right and honest thing by choosing a method “by the book”. But I’m curious, are people really able to use the visitor visa/visa waiver to get married and adjust status without leaving the US? Also, on a spousal visa… how long are you able to visit/live with a spouse in the US at a time before getting your green card? I would love to be able to answer how different methods work compared to the k1. Thanks!! 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Edited November 14, 2022 by Crazy Cat

[Letspaintcookies 2,308]

The option to adjust status inside the US is there but it's not to be used as a plan. It was used a lot when the pandemic started. Partners came to visit and the couples then decided to change the route they're going. That's what it can be used for- a spontaneous change of plans.

Also many think that as soon as somebody marries a UC citizen they'll become citizens themselves just because of the marriage. Thus no need for visas in their minds. This is of course not true.

The spousal visa is just like the fiance visa needed to have your SO be able to move to the US. It's not a special kind of visa that allows your spouse to visit you longer than a tourist visa/ visa waiver would allow.

[M.Knaebel 25]

8 hours ago, Jorgedig said:

In general, visitors (whether married to USC spouse or not) are able to stay for as long as granted by CBP.  

 

Echoing this statement. I'm currently in the spousal visa process and it has had no effect on my crossings/visiting other than letting the CO know where I'm at in the process if asked. I visit 2-3 times a month and usually stay for the weekend (border city).

 

[Rlewis 73]

10 hours ago, A+N said:

Hi everyone. My fiancé and I are K1 filers. We should be getting our NOA2 any day now. I’m Canadian and he’s American. I have many friends and family telling us that we could’ve gotten married and lived in the US without doing this whole process. However, I feel like we did the right and honest thing by choosing a method “by the book”. But I’m curious, are people really able to use the visitor visa/visa waiver to get married and adjust status without leaving the US? Also, on a spousal visa… how long are you able to visit/live with a spouse in the US at a time before getting your green card? I would love to be able to answer how different methods work compared to the k1. Thanks!! 

Intending to marry while visiting on your visitor visa is immigration fraud, like many others have echoed above me.

 

I went through the K1 route as well (during covid, yuck!) and I am also from Canada. Feel free to ask me anything!

[A+N 25]

Thanks for the answers everyone!  

[A+N 25]

2 hours ago, Rlewis said:

Intending to marry while visiting on your visitor visa is immigration fraud, like many others have echoed above me.

 

I went through the K1 route as well (during covid, yuck!) and I am also from Canada. Feel free to ask me anything!

Thank you! I definitely may reach out because I did have some questions about the process especially moving from Canada  

[JEANDBR 32]

I’ve just posted about this in another thread but there is an influencer on social media who entered the US from the UK only 7 weeks after first meeting her American partner in person and she and her son have lived in the US ever since with no consequence. If they can do it I don’t  understand what’s stopping anyone else. 

[Crazy Cat 41,593]

6 minutes ago, JEANDBR said:

I’ve just posted about this in another thread but there is an influencer on social media who entered the US from the UK only 7 weeks after first meeting her American partner in person and she and her son have lived in the US ever since with no consequence. If they can do it I don’t  understand what’s stopping anyone else. 

They did not enter the US via a K-1 after first meeting 7 weeks earlier.   The story you told in the other comment has several holes in it.

Edited November 14, 2022 by Crazy Cat

[JEANDBR 32]

Just now, Crazy Cat said:

 They did not enter the US via a K-1 after meeting 7 weeks earlier.

I’d hope not. They have video evidence of their first meeting in September 2021, they married in the UK November 2021, she has been living in the US since then. So frustrating when others are stuck waiting. 

[Crazy Cat 41,593]

3 minutes ago, JEANDBR said:

I’d hope not. They have video evidence of their first meeting in September 2021, they married in the UK November 2021, she has been living in the US since then. So frustrating when others are stuck waiting. 

1.  If she entered the US with the intent to stay and adjust status, she committed fraud. 

2.  They certainly did not enter the US using a K-1 after meeting a few weeks earlier.

3.  A married person cannot enter the US via a K-1.  Your other comment says they married in UK.

Edited November 14, 2022 by Crazy Cat