Why do Spouses wait longer than Fiances?

[yuna628 9,528]

If you have trouble getting a B1/B2, then you certainly won't get a K-1 Visa.

Are you telling me a USC cannot marry a UK citizen in the UK or anywhere else?

Obviously you are not familiar with the UK's fiancé visa rules which by comparison are far worse than anything we K1s are currently experiencing. Tell a UK IO that your intent is to marry your fiancé and you would be turned out on the next plane in a blaze of humiliation, unless of course you're suggesting to lie/bend the truth/what they don't know won't hurt them.

And yes, since the institution of the VWP it has become much more difficult for individuals from those countries to obtain Tourist type visas. Afterall the VWP allows you to be a tourist, therefore you can see many examples of the difficulty obtaining one on this forum. The same also goes for Canadian citizens that do not specifically require a B2 to be a tourist.

[Yanirose 64]

If you have trouble getting a B1/B2, then you certainly won't get a K-1 Visa.

Are you telling me a USC cannot marry a UK citizen in the UK or anywhere else?

No you can't!! UK has their own law's and it's not that easy, you have to register before you get married and when you're registering you need a proof of address and identification. + UK Border wont let anyone in intending to get married, here as well you have to apply for a fiancé visa

Yuna628 I agree

[Pitaya 2,576]

If you have trouble getting a B1/B2, then you certainly won't get a K-1 Visa.

Are you telling me a USC cannot marry a UK citizen in the UK or anywhere else?

Not necessarily accurate.

For example, it is very common for Chinese females (and perhaps also from other countries) to be unable to easily obtain tourist visas to the US, yet are successful in obtaining family-based visas, i.e., fiance(e) and spouse. The likely stumbling block for many Chinese is the interviewing consulate officer's preconceived notion that each visitor visa applicant from China is presumed to have immigration intent, and therefore the bar is set very high, they must prove that they are not simply trying to immigrate to the US. I personally saw this situation in action by the daily number of people swarming the US consulate in Guangzhou in June 2012, trying to get to the US.

In contrast, it is easier for a USC to obtain a Chinese visitor visa. That is what we did, and as a consequence, I made three trips to China.

YMMV,

Good luck on your immigration journey.

[ZA_35 48]

Obviously you know more than me. Can I just understand this, you get 90 days in the US with that. Is it not possible to get married in the US during that 90 days and leave? The B1/B2 is also a tourist visa and it is legal to enter the US (we get up to 180 days), get married, and leave. Is that option not open under the VWP?

[yuna628 9,528]

Obviously you know more than me. Can I just understand this, you get 90 days in the US with that. Is it not possible to get married in the US during that 90 days and leave? The B1/B2 is also a tourist visa and it is legal to enter the US (we get up to 180 days), get married, and leave. Is that option not open under the VWP?

Yes and no. You could do it, but the IO will tell you absolutely no way. It all comes down to intent. If you come to the US with the intent to marry on the VWP you can get in trouble. But if you come to the US with the intent to not marry, but a few days later decide to, *wink wink nudge nudge* they'll kind of look the other way most of the time. But that person will still have to stay and adjust or go back home. Since most don't want to go back home and be away from their new spouse, you can see why it can appeal to get around the K1 paperwork. For us, we just want to do things the right way ya know?

Btw, I once had a friend refused from the UK because his intent was simply to propose to his lady. Certainly not even to marry or stay (which they wouldn't allow you to do anyway.) It's a joke.

Edited March 18, 2015 by yuna628

[KayDeeCee 4,891]

If you have trouble getting a B1/B2, then you certainly won't get a K-1 Visa.

This is completely false. Lots of people cannot get a tourist visa because the CO is not convinced that they do not have immigrant intent. A K-1 has immigrant intent, so not being able to get a tourist visa has nothing do with someone's eligibility to get a K-1.

Could not have married in the US had it not been for a K-1 visa. My husband was denied a tourist visa 3 times trying to come visit me in my country to meet my family and friends in person instead of me always having to travel to him. There are many countries where it is difficult to procure a tourist visa.

[ZA_35 48]

Yes and no. You could do it, but the IO will tell you absolutely no way. It all comes down to intent. If you come to the US with the intent to marry on the VWP you can get in trouble. But if you come to the US with the intent to not marry, but a few days later decide to, *wink wink nudge nudge* they'll kind of look the other way most of the time. But that person will still have to stay and adjust or go back home. Since most don't want to go back home and be away from their new spouse, you can see why it can appeal to get around the K1 paperwork. For us, we just want to do things the right way ya know?

Intent to marry and intent to immigrate are TWO different things. Lots of foreigners go to Islands/Vegas and get married, then leave. If you intention is only to get married and leave you are not breaking laws. I know this for a fact.

[N-o-l-a 7,167]

No you can't!! UK has their own law's and it's not that easy, you have to register before you get married and when you're registering you need a proof of address and identification. + UK Border wont let anyone in intending to get married, here as well you have to apply for a fiancé visa

Yuna628 I agree

You could technically marry somewhere else in Europe and be honest about your intentions at entry. I had no problem with my British passport entering the Schengen and explicitly telling the IO to stamp my passport because the Danish government required proof of date of entry to get married.

They can't really deny you, but I get that people would want to marry in one country or the other.

[Pitaya 2,576]

Obviously you know more than me. Can I just understand this, you get 90 days in the US with that. Is it not possible to get married in the US during that 90 days and leave? The B1/B2 is also a tourist visa and it is legal to enter the US (we get up to 180 days), get married, and leave. Is that option not open under the VWP?

It all depends on your intent. The VJ Terms of Service (TOS) are specific about discussing illegal immigration activities, and as a consequence, I would suggest that you consider reviewing some of the numerous threads in the Tourist Visa and Work, Study, Tourist AOS forums discussing your very specific inquiry.

[Shauneg 762]

Obviously you know more than me. Can I just understand this, you get 90 days in the US with that. Is it not possible to get married in the US during that 90 days and leave? The B1/B2 is also a tourist visa and it is legal to enter the US (we get up to 180 days), get married, and leave. Is that option not open under the VWP?

You cannot come in on those visas with intent to marry. Also what kind of sense would it make if the k1 allowed someone to come and get married but be forced to leave to aos? Seriously. The comment about about not being able to get b1/b2 leads to trouble in getting a k1 is false beyond belief and is an ignorant statement that knows nothing about the immigration process. I understand people not knowing these things but you are saying stuff as fact that couldn't be further from the truth. Edited March 18, 2015 by Shauneg

[yuna628 9,528]

You could technically marry somewhere else in Europe and be honest about your intentions at entry. I had no problem with my British passport entering the Schengen and explicitly telling the IO to stamp my passport because the Danish government required proof of date of entry to get married.

They can't really deny you, but I get that people would want to marry in one country or the other.

You have a British passport and were going into EU territory. Americans are non-EEA. Different rules apply to different persons. As a UK citizen, my guy could marry in any EU country or any EU person he wants.

[ZA_35 48]

It all depends on your intent. The VJ Terms of Service (TOS) are specific about discussing illegal immigration activities, and as a consequence, I would suggest that you consider reviewing some of the numerous threads in the Tourist Visa and Work, Study, Tourist AOS forums discussing your very specific inquiry.

I don't need to review threads. Intent to get married somewhere is not intent to immigrate there. THAT is the point I am trying to make. That's all.

[N-o-l-a 7,167]

You have a British passport and were going into EU territory. Americans are non-EEA. Different rules apply to different persons. As a UK citizen, my guy could marry in any EU country or any EU person he wants.

Well, I was talking to a British person about other options.

If you were traveling together, I don't see what the problem would be - unmarried long term partnerships are also recognized by the EU.

[Pheebs1201 269]

Fair enough but your AOS is done IN THE US with your SPOUSE. Not in your home country. So there is a big difference.

Yes I know lol I was just answering your question. I never said it was fair, or a good system. But I believe that this is part of the reason for the difference in processing times.

[ZA_35 48]

You cannot come in on those visas with intent to marry. Also what kind of sense would it make if the k1 allowed someone to come and get married but be forced to leave to aos? Seriously. The comment about about not being able to get b1/b2 leads to trouble in getting a k1 is false beyond belief and is an ignorant statement that knows nothing about the immigration process. I understand people not knowing these things but you are saying stuff as fact that couldn't be further from the truth.

You certainly can come in on a B1/B2 visa with the intention of getting married, then leaving and filing for I-130 from your home country.