change of status

[cwarduk 0]

hi there i am a uk citizen and my fiance is a u.s citizen, we are currently in the process of getting a k 1 visa and i plan to visit in dec, if we get married in dec is it possible for me to remain in the U.S? if i change my status? i am planning to enter on a visa waiver.

any help is much appreciated thank you.

[YuAndDan 153]

No, USCIS has record of the K-1, so immigrant intent is established by the K-1 in process.

You will be starting over this time filing for a CR-1 or K-3 visa.

[~Laura and Nick~ 5]

No, USCIS has record of the K-1, so immigrant intent is established by the K-1 in process.

You will be starting over this time filing for a CR-1 or K-3 visa.

exactly.

You'd have to start all over again with a spousal visa.

[cwarduk 0]

No, USCIS has record of the K-1, so immigrant intent is established by the K-1 in process.

You will be starting over this time filing for a CR-1 or K-3 visa.

pardon my stupidity, i find this all very confusing. so it's better to wait for the k1 to be approved? and also am i ok visiting whilst this is being processed?

thank you

[~Laura and Nick~ 5]

No, USCIS has record of the K-1, so immigrant intent is established by the K-1 in process.

You will be starting over this time filing for a CR-1 or K-3 visa.

pardon my stupidity, i find this all very confusing. so it's better to wait for the k1 to be approved? and also am i ok visiting whilst this is being processed?

thank you

Yes it's better to wait. The K1 visa is for fiance's ONLY. If you get married you are no longer engaged but a married couple.

Entering the States with the intent to marry without having the proper visa to do so is fraud. You could get in big trouble for this, deported and even banned.

Some people do enter the states on other types of visas (such as visiting) and end up getting married but they didn't have intent to do so beforehand and they adjust their status after they married, sometimes they'll have to return back home to their home country and apply for a spousal visa such as a K-3 or CR-1 to reenter the U.S.

If you went to adjust your status, they would see that you had previously applied for a K1 visa, entered the country and married and...bingo...trouble.

I would wait and do it the legal way.

You can visit the states if you show strong ties to your country. A letter from your employer stating intent to return back home to work, property that you still own, bank statements but even then, there is the chance of being denied because again, you have intent to stay in the U.S. because you have an American fiance.

Best of luck

Edited November 5, 2007 by ~Laura and Nick~

[YuAndDan 153]

No, USCIS has record of the K-1, so immigrant intent is established by the K-1 in process.

You will be starting over this time filing for a CR-1 or K-3 visa.

pardon my stupidity, i find this all very confusing. so it's better to wait for the k1 to be approved? and also am i ok visiting whilst this is being processed?

thank you

Yes you can visit the USA while the K-1 is in process, but don't marry and try adjusting status before you have K-1 visa.

[cwarduk 0]

No, USCIS has record of the K-1, so immigrant intent is established by the K-1 in process.

You will be starting over this time filing for a CR-1 or K-3 visa.

pardon my stupidity, i find this all very confusing. so it's better to wait for the k1 to be approved? and also am i ok visiting whilst this is being processed?

thank you

Yes it's better to wait. The K1 visa is for fiance's ONLY. If you get married you are no longer engaged but a married couple.

Entering the States with the intent to marry without having the proper visa to do so is fraud. You could get in big trouble for this, deported and even banned.

Some people do enter the states on other types of visas (such as visiting) and end up getting married but they didn't have intent to do so beforehand and they adjust their status after they married, sometimes they'll have to return back home to their home country and apply for a spousal visa such as a K-3 or CR-1 to reenter the U.S.

If you went to adjust your status, they would see that you had previously applied for a K1 visa, entered the country and married and...bingo...trouble.

I would wait and do it the legal way.

You can visit the states if you show strong ties to your country. A letter from your employer stating intent to return back home to work, property that you still own, bank statements but even then, there is the chance of being denied because again, you have intent to stay in the U.S. because you have an American fiance.

Best of luck

sugar! i wish i had of known i could of maybe gone on a different visa and got married out there and then changed status, but i suppose there is always a catch. thank you very much for your information i have found it very helpful, hope everything goes ok with you guys.

[pushbrk 13,099]

No, USCIS has record of the K-1, so immigrant intent is established by the K-1 in process.

You will be starting over this time filing for a CR-1 or K-3 visa.

pardon my stupidity, i find this all very confusing. so it's better to wait for the k1 to be approved? and also am i ok visiting whilst this is being processed?

thank you

Yes it's better to wait. The K1 visa is for fiance's ONLY. If you get married you are no longer engaged but a married couple.

Entering the States with the intent to marry without having the proper visa to do so is fraud. You could get in big trouble for this, deported and even banned.

Some people do enter the states on other types of visas (such as visiting) and end up getting married but they didn't have intent to do so beforehand and they adjust their status after they married, sometimes they'll have to return back home to their home country and apply for a spousal visa such as a K-3 or CR-1 to reenter the U.S.

If you went to adjust your status, they would see that you had previously applied for a K1 visa, entered the country and married and...bingo...trouble.

I would wait and do it the legal way.

You can visit the states if you show strong ties to your country. A letter from your employer stating intent to return back home to work, property that you still own, bank statements but even then, there is the chance of being denied because again, you have intent to stay in the U.S. because you have an American fiance.

Best of luck

sugar! i wish i had of known i could of maybe gone on a different visa and got married out there and then changed status, but i suppose there is always a catch. thank you very much for your information i have found it very helpful, hope everything goes ok with you guys.

If you intend to marry in the US, there is only one appropriate visa that allows you to enter, marry and adjust status, the K1 fiance(e) visa.

People do enter the US without the intention of marrying on other visas, decide to marry and then adjust status, it that order and do so successfully. Intent to immigrate at the time of entry is the key distinction, not intent to marry.

[~Laura and Nick~ 5]

People do enter the US without the intention of marrying on other visas, decide to marry and then adjust status, it that order and do so successfully. Intent to immigrate at the time of entry is the key distinction, not intent to marry.

Marry and stay is what I meant.

[cwarduk 0]

People do enter the US without the intention of marrying on other visas, decide to marry and then adjust status, it that order and do so successfully. Intent to immigrate at the time of entry is the key distinction, not intent to marry.

Marry and stay is what I meant.

yep just starting to get my head around all of this, we have filled out the i-129f and G-325a forms. we started in july this year and i guess we are at the stage where they have sent our info to the NVC, we are using a company called visapro, dont know if you have heard of them?

[~Laura and Nick~ 5]

yep just starting to get my head around all of this, we have filled out the i-129f and G-325a forms. we started in july this year and i guess we are at the stage where they have sent our info to the NVC, we are using a company called visapro, dont know if you have heard of them?

I have...I actually was on those boards for about a week (They are uber lame and the people there are beyond rude)

Nothing compared to here.

Before I found this website my sweetie and I had decided to go with a lawyer but after seeing all the amazing information on these boards plus the step by step guides on how to file on our own, we thought, you know what? We can do this on our own and save ourselves $1800.00 bucks.

We will be filing at the end of November.

You have a bit more time to wait...but don't worry, you'll be together soon!

Keep your hopes alive and your love strong!

~Laura