K-1 Visa without Change of Status and Permanent Residence?

[TBoneTX 43,020]

To determine whether one viewpoint or the other is right, or if there are shades of gray to the situation, I've placed a call to an immigration attorney. It will be interesting to hear the analysis.

[Jabl2rom 54]

I love it when people try and justify people adjusting their status on TOURIST visas because a loophole in the law (which is an abuse of the visa), yet they want to condemn 3rd-world nationals for using a K1 visa to go to the US, get married, and COME BACK to their home country. what laws are broken there? Just like the same privileged people that come on a VWP or vistor's visa and ask you to point out what laws they are breaking using a LOOPHOLE, I ask you to show me what laws are being broken by using a K1 visa to get married and comeback. Intent is BS. I like how people time and time again here soak up the story about some European or B1/B2 holder that just "happened" to overstay his/her visa and needs advice to adjust. People almost encourage it. How many of those people are using their Tourist Visas as intended? Why don't they go back and file instead of misusing their visas, because it is misuse, regardless if the law allows it.

OP. You can file a K1 visa, get married in the US and return without adjusting status. Just like the tourist visa holders "change their mind" or "stuff just happens", you can do so as well. One of the mods is throwing around "pursue adjustment of status" as his way of trying to prove that you can't use the visa that way unless you adjust, although there is nothing in that statement which defines what "pursuit" means. Your pursuit could mean getting married in the US, meeting your family, and leaving within the 90-day period in order to later file for a marriage visa once you cancel your K1.

[TBoneTX 43,020]

One of the mods

One of the regular members.

From the VJ Terms of Service:

Moderators. The term moderator refers to a member at VisaJourney.com that has the following additional "moderation" abilities to interact on the discussion forums compared to non-moderator members: Closing Topics, Moving Topics, Temporarily Removing Topics or Posts from Public View and Temporarily Limiting Access to the discussion forums by other members. These additional abilities are only used when when a Moderator believes that a member's activity or Posted content on the discussion forums does not comply with the VisaJourney.com TOS. VisaJourney.com does not actively monitor the use of these "moderation" abilities by Moderators, however if a member disagrees with a Moderators use of these "moderation" abilities they may contact VisaJourney.com and request that the Moderators actions be reviewed. The final decision on whether to reverse or alter a Moderator's action(s) will be decided at the sole discretion of VisaJourney.com.

A moderator, being a MEMBER of VisaJourney.com, is in no way affiliated, paid by, or otherwise compensated by VisaJourney.com. Moderators have no control over the operation or presentation of VisaJourney.com other than their existing member and "moderation" abilties on the discussion forums. These limited abilities should in no way imply a relationship or affiliation with VisaJourney.com beyond any other member of the board. Their actions and liabilities are fully bound by the TOS. Any opinions or statements made by a moderator do not necessarily reflect the opinions or beliefs of VisaJourney.com. Moderators receive no compensation of any kind from VisaJourney.com.

Edited February 26, 2015 by TBoneTX

[Cathi 5,609]

There is no misrepresentation where the applicant intends to disclose her plan to return home after marriage to the CO.

The OP never said anything about disclosing anything

I love it when people try and justify people adjusting their status on TOURIST visas because a loophole in the law (which is an abuse of the visa), yet they want to condemn 3rd-world nationals for using a K1 visa to go to the US, get married, and COME BACK to their home country. what laws are broken there? Just like the same privileged people that come on a VWP or vistor's visa and ask you to point out what laws they are breaking using a LOOPHOLE, I ask you to show me what laws are being broken by using a K1 visa to get married and comeback. Intent is BS. I like how people time and time again here soak up the story about some European or B1/B2 holder that just "happened" to overstay his/her visa and needs advice to adjust. People almost encourage it. How many of those people are using their Tourist Visas as intended? Why don't they go back and file instead of misusing their visas, because it is misuse, regardless if the law allows it.

OP. You can file a K1 visa, get married in the US and return without adjusting status. Just like the tourist visa holders "change their mind" or "stuff just happens", you can do so as well. One of the mods is throwing around "pursue adjustment of status" as his way of trying to prove that you can't use the visa that way unless you adjust, although there is nothing in that statement which defines what "pursuit" means. Your pursuit could mean getting married in the US, meeting your family, and leaving within the 90-day period in order to later file for a marriage visa once you cancel your K1.

Te question isn't whether or not there is a loophole, the question is would it be misrepresentation if they used a K-1 for the purpose of tourism

[Jabl2rom 54]

The OP never said anything about disclosing anything

Te question isn't whether or not there is a loophole, the question is would it be misrepresentation if they used a K-1 for the purpose of tourism

if they use the K1 to get married in the US and later come back that questioned is answered.

[rin and john 71]

I love it when people try and justify people adjusting their status on TOURIST visas because a loophole in the law (which is an abuse of the visa), yet they want to condemn 3rd-world nationals for using a K1 visa to go to the US, get married, and COME BACK to their home country. what laws are broken there? Just like the same privileged people that come on a VWP or vistor's visa and ask you to point out what laws they are breaking using a LOOPHOLE, I ask you to show me what laws are being broken by using a K1 visa to get married and comeback. Intent is BS. I like how people time and time again here soak up the story about some European or B1/B2 holder that just "happened" to overstay his/her visa and needs advice to adjust. People almost encourage it. How many of those people are using their Tourist Visas as intended? Why don't they go back and file instead of misusing their visas, because it is misuse, regardless if the law allows it.

OP. You can file a K1 visa, get married in the US and return without adjusting status. Just like the tourist visa holders "change their mind" or "stuff just happens", you can do so as well. One of the mods is throwing around "pursue adjustment of status" as his way of trying to prove that you can't use the visa that way unless you adjust, although there is nothing in that statement which defines what "pursuit" means. Your pursuit could mean getting married in the US, meeting your family, and leaving within the 90-day period in order to later file for a marriage visa once you cancel your K1.

I wish everyone who could enter on a tourist visa or VWP would be allowed to marry and adjust no matter what their intent was at entry. Who cares? They have been cleared to travel to the USA (either through applying for a non-immigrant visa or by virtue of being born in the right country and having VWP privileges). Subsequently they have been cleared to enter by an immigration officer. Let them file AOS and stay.

Making them go back and file a fiance(e) or immigrant spouse visa does not help those without the ability to enter on either a tourist visa or VWP. It actually clogs up the system with additional petitions at USCIS (arrive VWP, get married, file AOS - 1 petition; go home, file 129F, arrive, get married, file AOS - 2 petitions).

[Jabl2rom 54]

I wish everyone who could enter on a tourist visa or VWP would be allowed to marry and adjust no matter what their intent was at entry. Who cares? They have been cleared to travel to the USA (either through applying for a non-immigrant visa or by virtue of being born in the right country and having VWP privileges). Subsequently they have been cleared to enter by an immigration officer. Let them file AOS and stay.

Making them go back and file a fiance(e) or immigrant spouse visa does not help those without the ability to enter on either a tourist visa or VWP. It actually clogs up the system with additional petitions at USCIS (arrive VWP, get married, file AOS - 1 petition; go home, file 129F, arrive, get married, file AOS - 2 petitions).

" They have been cleared to travel to the USA"

they haven't been cleared to travel and marry.

[Teddy B 17,251]

" They have been cleared to travel to the USA"

they haven't been cleared to travel and marry.

Yes they have. It's perfectly legal to get married in the US on a tourist visa.

[Marco&Bettina 502]

Yes they have. It's perfectly legal to get married in the US on a tourist visa.

But not condoned if intent is to stay.

[Teddy B 17,251]

Hi,

People need to get off their high horses about scams.

The K-1 does not require you to apply for a green card after marriage.

Folks, please review the I-129f before making further comments. There is noting there about immigrating to the U.S. or a requirement to apply for a green card. The K-1 is about getting marry in the US. There is no requirement to stay to get a green card. Notice the "may" apply for a green card after marriage, not "must."

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

Fiancé(e) Visas

This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry.

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the Green Card section.

I agree with this.

But not condoned if intent is to stay.

Correct, but that is a different issue and not what was originally stated.

Edited February 26, 2015 by Teddy B

[Jabl2rom 54]

I agree with this.

That is a totally different issue and not what was originally stated.

if they are cleared to marry I would like to see someone ask the CO that at the POE. I wonder what would happen. I believe you know the answer.

[Cathi 5,609]

if they use the K1 to get married in the US and later come back that questioned is answered.

no, the OP did not ask if they could come back later using the K-1

[Teddy B 17,251]

if they are cleared to marry I would like to see someone ask the CO that at the POE. I wonder what would happen. I believe you know the answer.

It happens all the time, there are members here who have done exactly that.. If you can prove to CBP that you will abide by the terms of the tourist visaand go back home, they will allow it. There are threads here about this subject if you want to search for them.

Edited February 26, 2015 by Teddy B

[Merrytooth 5,748]

if they are cleared to marry I would like to see someone ask the CO that at the POE. I wonder what would happen. I believe you know the answer.

See... the issue is none of the people with VWP or Tourist visa will be that stupid to clearly and explicitly tell the CBP officer that they are coming to US to get marry and AOS.

And the CBP officer is not mind reader either.

Of course, changing of minds to AOS after baggage claim is accepted.

[Jabl2rom 54]

no, the OP did not ask if they could come back later using the K-1

trying reading again. Seems like that is not your strong suit.

It happens all the time, there are members here who have done exactly that.. If you can prove to CBP that you will abide by the terms of the tourist visaand go back home, they will allow it. There are threads here about this subject if you want to search for them.

cleared to marry and receive their permanent residency? I don't think so.

Yes they have. It's perfectly legal to get married in the US on a tourist visa.

not cleared to travel, marry and live in the US.

Edited February 26, 2015 by Jabl2rom