QUOTE(moxcamel @ Nov 9 2007, 05:03 PM)

QUOTE(russ @ Nov 9 2007, 01:41 PM)

I don't think the law cares on this point. She could meet and marry someone else entirely once here. There could be dozens of people that want to marry you (for purpose of argument, let's say you are a famous model with lots of admirers). What other people want or intend isn't relevant.
Let's not split hairs here, because the USCIS sure isn't going to. What we're talking about is the intent for this specific woman to marry this specific man. IF she is entering the country with immigrant intention--and let's face it, if they've already decided to marry then she's already decided to immigrate--then she is entering fraudulently on the B1/B2, even if she also happens to be entering on her Visa for the stated reason.
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Most normal people talk about marriage for years before actually deciding to do so (or not in many cases). Says nothing about intent. Also, the assumptions made by USCIS are not the law, just the guidelines they use. What would actually happen in court with an immigration judge is often a different thing.
Which is why I am suggesting that IF there is intent to marry (and it sounds to me like there is) the K-1 is the better--no, ONLY--way to go. It removes all doubt, and you don't have to hinge your future on what a court decides.
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Sat, correct me if I'm wrong, but I believe even if you intend to get married in the US at the time of entry, you aren't breaking the law. Intending to adjust status (having immigrant intent) is the key here.
Assuming you are correct, let's be realistic. Someone who is entering the United States with the intent to marry is about 99% likely to have immigrant intent. And in this specific example, it would be more like 100%.
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Or lets say you are already married and visit the US on a B visa. (This is a common situation for American expats). If you intend to adjust status when you arrive, you are breaking the rules. If you decide not to return home after vacationing for a few months, you are probably not.
But that's not what this specific case is about. This specific case is about an unmarried couple who SEEM to be trying to make a decision as to the best way to go about getting married in the United States. If that is indeed the case, then the K-1 (or K-3 if he wants to travel) is the best way to ensure that there aren't problems later that could potentially ruin at least one of their lives.
And again, I apologize to the OP if I'm wrong about this. It seems that the OP wants to use technicalities like not being "technically" engaged as some sort of plausible deniability in case things turn south. I just think that's a bad way to go.
I am more in agreement with you about the K-1 issue. My original question was asked out of total ignorance. In fact I was more interested to see if she could just come here to visit while the K-1 was being processed. The answer to that was pretty much no, even with an existing visa (if I understood Sat right). I have no desire to risk our futures to make something easier or because it is cheaper. However, I am not going to be the "good boy" and do the right thing just because it is the right thing. The government makes nothing easy for most of us and some of that for good reason, but other times not so much. In the end I do not want to have to worry that some evidence or something will come up "proving" that we committed fraud. Plus, I would like her to be able to go visit her family and such as soon as she can. As I said before we both more prepared for the K-1 visa than for some sort of crazy system of trying to use a loophole. She needs time in Russia to prepare to move her and I need time here to prepare for her arrive.
Yes, I am looking for the "best deal" to get out of the system. I do hope you are coming down on me like this because you are a genuinely nice person and not because you like to judge people. I came asking a question, options were offered and I explored all sides of the matter before coming to a decision. I appreciate the frankness from everyone on their thoughts and ideas. For now, I think the K-1 visa is the "best deal". I believe all of life should be about minimizing risks, but at the same time I weigh them to make decisions. I still believe they would have a hard time proving intent, but in this case why tempt fate just so I can save a few hundred bucks. And when it comes to technicalities I believe many people get caught and released on them. I am sure we all "technically" break the law everyday.
I have no hard feelings toward anyone (looks at Moxcamel

) I truly appreciate the honest feedback. I understand this is not legal advice and I would hardly take what is said here to be the same as what an immigration lawyer can tell me. So, with that issue out of the way I suppose her chances of being able to visit me are slim to none after I have submitted my application?
Plus I wanted to be able to propose to her in Vienna in two weeks

. I have to take advantage of such things