K-1 or married while travelling

[haiway 0]

Hello all,

I have two options that I'm trying to decide on. My fiancee lives in Malaysia, and I'm deciding on if I should file for the K-1 visa or not.

She has a 10 year visa to travel to the states so she can come over any time she wants. Can we get married while she comes over here for a vacation and then just stay here in the states? What would the cost and time difference from the two options?

Thanks in advance.

- Sap

[chris4336 3]

You cannot get married while she is traveling to the US. If the government sees that she entered with intent of getting married and staying they can say its visa fraud and you might have some problems. While I'm sure people have done it, your best bet is to file the K1 in Malaysia and go through the whole process.

Christina

[gwenneh 7]

You can marry on a tourist visa, but she cannot stay afterwards. You would have to send your wife back, file for a K3 or CR-1, and then bring her over.

[~Nini~ 2]

If your fiancee enters the US with the intent of marrying and staying, that would be considered visa fraud. As mentioned, you can marry her while she's over on a tourist visa, but she'll have to return back to Malaysia afterwards, and you'll have to file for a K3 or a CR-1 for her so that she can legally immigrate to the US.

I'd suggest looking at the options between the K1, K3 and CR-1 here, so that you have a better idea of the processes for them all. Good luck!

[Rob & Jin 0]

Very bad idea to travel here on a tourist visa, get married and try and stay past visa expiration, thats visa fraud. Im sure its been done, but s/he would have alot of difficulty if you leave the country and then try and re-enter. Also after her visa expires she would have to leave, if not run the risk of getting deported. Lastly if you tried to file AOS or K3 having committed visa fraud there will be very little chance of being approved.

Sorry dude best do it the legal way like the rest of us, K-1 or K-3 , but s/he must return to their native country when the tourist visa expires. Good luck

[Dan J 277]

The question is really intent. If you decide to marry when your fiancee is already in the country on a tourist visa, you can do so and adjust status successfully.

However, if your fiancee enters the country with the intention of getting married and staying, that is considered fraud. While some have been able to do this successfully, it can come back to bite you.

[pushbrk 13,001]

Hello all,

I have two options that I'm trying to decide on. My fiancee lives in Malaysia, and I'm deciding on if I should file for the K-1 visa or not.

She has a 10 year visa to travel to the states so she can come over any time she wants. Can we get married while she comes over here for a vacation and then just stay here in the states? What would the cost and time difference from the two options?

Thanks in advance.

- Sap

This could save you several months or cost your fiance a lifetime ban for visa fraud. Pick your poison carefully. Would you like to live in Malaysia?

[~Laura and Nick~ 5]

The question is really intent. If you decide to marry when your fiancee is already in the country on a tourist visa, you can do so and adjust status successfully.

However, if your fiancee enters the country with the intention of getting married and staying, that is considered fraud. While some have been able to do this successfully, it can come back to bite you.

Another problem is actually proving that she did not enter with intent to marry and stay..tricky situation.

I would do it the legal way by choosing either the K1/K3 or CR-1.

Best of luck to you!

[StillThePrettiest 3]

I'd say once the question's out in the open here the intent is clear

whether the USCIS would know that is another issue, but ethically, there's no question, unfortunately

[~Laura and Nick~ 5]

I'd say once the question's out in the open here the intent is clear

whether the USCIS would know that is another issue, but ethically, there's no question, unfortunately

agreed.

[haiway 0]

I'd say once the question's out in the open here the intent is clear

whether the USCIS would know that is another issue, but ethically, there's no question, unfortunately

agreed.

Thanks for all the responses... a few more questions here.

How would the USCIS considers it as intent?

If my fiancee came over for vacation, without knowing that I will propose to her, and if she says yes, and we get married...

That would not be consider as intent, correct?

And if we were to go that way, and we get married, does she still have to return home and file more paper work or can she stay here permanently?

[pushbrk 13,001]

I'd say once the question's out in the open here the intent is clear

whether the USCIS would know that is another issue, but ethically, there's no question, unfortunately

agreed.

Thanks for all the responses... a few more questions here.

How would the USCIS considers it as intent?

If my fiancee came over for vacation, without knowing that I will propose to her, and if she says yes, and we get married...

That would not be consider as intent, correct?

And if we were to go that way, and we get married, does she still have to return home and file more paper work or can she stay here permanently?

If her intent upon entry is to visit you, then her intent changes because you propose, that's ok, but be prepared to answer some hard questions about it. Yes, she could stay and adjust status.

Things like moving out of her residence and bringing all her possessions with her to "visit" you would not bode well in an status adjustment interview. Truth is your ally. Falsehoods are a good way to ensure your life together is not in the US.

[caybee 21]

I'd say once the question's out in the open here the intent is clear

whether the USCIS would know that is another issue, but ethically, there's no question, unfortunately

agreed.

Thanks for all the responses... a few more questions here.

How would the USCIS considers it as intent?

If my fiancee came over for vacation, without knowing that I will propose to her, and if she says yes, and we get married...

That would not be consider as intent, correct?

And if we were to go that way, and we get married, does she still have to return home and file more paper work or can she stay here permanently?

If her intent upon entry is to visit you, then her intent changes because you propose, that's ok, but be prepared to answer some hard questions about it. Yes, she could stay and adjust status.

Things like moving out of her residence and bringing all her possessions with her to "visit" you would not bode well in an status adjustment interview. Truth is your ally. Falsehoods are a good way to ensure your life together is not in the US.

True. Another red flag would be a quick proposal and marriage upon entry on a tourist visa. Even if she enters without intent, she still must convince USCIS that she entered without intent when she adjusts status. The burden of proof is on her, not on USCIS.