Why K-1 Why Not Marry And Adjust Status B1/B2

[Simon&Miriam 0]

Okay Miriam and I lived together for a while on her B1/B2 visa over here, she was here on a B2 for 6 months on her I-94, she only stayed for 3, I was tempted to marry her and adjust her status accordingly based on a "spare of the moment decision" mentioned on the USCIS website.

Friends told us that she would have no problem as they had done it, the only reason we decided not to do it is we heard stories of people being sent back because they didn't use the K-1 option and waiting years to be reunited, so she went back, but now I am wondering if I messed up and we could have avoided all of this waiting and stuff, any ideas???

I figured that the rules have changed on this and it is too much of a gamble.

Edited January 20, 2008 by Simon&Miriam

[Jesse and Hema 2]

Okay Miriam and I lived together for a while on her B1/B2 visa over here, she was here on a B2 for 6 months on her I-94, she only stayed for 3, I was tempted to marry her and adjust her status accordingly based on a "spare of the moment decision" mentioned on the USCIS website.

Friends told us that she would have no problem as they had done it, the only reason we decided not to do it is we heard stories of people being sent back because they didn't use the K-1 option and waiting years to be reunited, so she went back, but now I am wondering if I messed up and we could have avoided all of this waiting and stuff, any ideas???

I figured that the rules have changed on this and it is too much of a gamble.

Marrying and immigrating on a B-2 is fraud if that was the intent when entering the U.S... Which I am sure you have read... The problem is that people DO fraudulently use B-2's for that purpose, and I think it throws up "red flags" with the USCIS, so there's a chance that your case might be looked at very closely as you try to adjust status. Like I said, people do it all the time, though.

(mere opinion) You didn't mess up at all. With the K-1 there should be no doubt of the intentions if the relationship is valid. Also, since she has a B-2, she can visit you (or you can visit her) at any time while you are waiting for the K-1 process to pan out.

Of course (as you are aware already), now a K-1 is your only non-fraudulent option since the intent to marry and immigrate is certain.

Good luck!

[pushbrk 12,105]

Okay Miriam and I lived together for a while on her B1/B2 visa over here, she was here on a B2 for 6 months on her I-94, she only stayed for 3, I was tempted to marry her and adjust her status accordingly based on a "spare of the moment decision" mentioned on the USCIS website.

Friends told us that she would have no problem as they had done it, the only reason we decided not to do it is we heard stories of people being sent back because they didn't use the K-1 option and waiting years to be reunited, so she went back, but now I am wondering if I messed up and we could have avoided all of this waiting and stuff, any ideas???

I figured that the rules have changed on this and it is too much of a gamble.

If you met after she last entered on the B2 or just decided to marry after her entry, then you would have been safe. If the intent to marry existed before that entry, then I think you were wisely cautious. Intent at entry is the key issue.

[~Laura and Nick~ 5]

Okay Miriam and I lived together for a while on her B1/B2 visa over here, she was here on a B2 for 6 months on her I-94, she only stayed for 3, I was tempted to marry her and adjust her status accordingly based on a "spare of the moment decision" mentioned on the USCIS website.

Friends told us that she would have no problem as they had done it, the only reason we decided not to do it is we heard stories of people being sent back because they didn't use the K-1 option and waiting years to be reunited, so she went back, but now I am wondering if I messed up and we could have avoided all of this waiting and stuff, any ideas???

I figured that the rules have changed on this and it is too much of a gamble.

If you met after she last entered on the B2 or just decided to marry after her entry, then you would have been safe. If the intent to marry existed before that entry, then I think you were wisely cautious. Intent at entry is the key issue.

Completely agree.

It all boils down to intent upon entry.

[YuAndDan 153]

K-1 is a visa that has Immigrations intent a visitors B-1/B-2 visa is not issued with immigrations intent. K-Visas are processed through USCIS, NVC and the Immigrations unit at the consulate. B-Visas are not. Use of a vistors visa to immigrate is an attempt to bypass the normal immigrations process and is visa fraud.

Willful use of a NON-Immigrant visa that does not have immigrations intent is considered visa fraud, and adjusting status from them subjects the prospective immigrant to a higher level of questioning bu USCIS at the AOS interview, and if the IO is not convinced that immigrations was not the intent when getting the B-Visa, the IO can deny AOS, and file deportation orders.

Since you proposed this question then there is immigrations intent and you should file for the correct visa.

I have yet to see an I-130/I-485 adjustment get approved without interview, however I do see allot of K-Visa adjustments getting approved without the couple being interviewed.

[~Laura and Nick~ 5]

K-1 is a visa that has Immigrations intent a visitors B-1/B-2 visa is not issued with immigrations intent. K-Visas are processed through USCIS, NVC and the Immigrations unit at the consulate. B-Visas are not. Use of a vistors visa to immigrate is an attempt to bypass the normal immigrations process and is visa fraud.

Willful use of a NON-Immigrant visa that does not have immigrations intent is considered visa fraud, and adjusting status from them subjects the prospective immigrant to a higher level of questioning bu USCIS at the AOS interview, and if the IO is not convinced that immigrations was not the intent when getting the B-Visa, the IO can deny AOS, and file deportation orders.

Since you proposed this question then there is immigrations intent and you should file for the correct visa.

I have yet to see an I-130/I-485 adjustment get approved without interview, however I do see allot of K-Visa adjustments getting approved without the couple being interviewed.

I think it is possible though. Like if you entered on a work visa and were in the states for say 5 years...2 years into that you meet someone and get married...you can adjust that way. People have done it.

[Simon&Miriam 0]

K-1 is a visa that has Immigrations intent a visitors B-1/B-2 visa is not issued with immigrations intent. K-Visas are processed through USCIS, NVC and the Immigrations unit at the consulate. B-Visas are not. Use of a vistors visa to immigrate is an attempt to bypass the normal immigrations process and is visa fraud.

Willful use of a NON-Immigrant visa that does not have immigrations intent is considered visa fraud, and adjusting status from them subjects the prospective immigrant to a higher level of questioning bu USCIS at the AOS interview, and if the IO is not convinced that immigrations was not the intent when getting the B-Visa, the IO can deny AOS, and file deportation orders.

Since you proposed this question then there is immigrations intent and you should file for the correct visa.

I have yet to see an I-130/I-485 adjustment get approved without interview, however I do see allot of K-Visa adjustments getting approved without the couple being interviewed.

I think it is possible though. Like if you entered on a work visa and were in the states for say 5 years...2 years into that you meet someone and get married...you can adjust that way. People have done it.

She was here training Airline Agents when we met, so she was coming and going all the time and has been in and out of the states many many times, but now the K1 has been submitted it will be the only way since I assume they put something in the system, if she comes to visit me on a B1/B2 does she tell the CBP Officer that she is visiting her Future Husband and is going through the K-1 visa process??

[YuAndDan 153]

I think it is possible though. Like if you entered on a work visa and were in the states for say 5 years...2 years into that you meet someone and get married...you can adjust that way. People have done it.

I did not say that is a problem, what you say is normal, a person entering the USA on a 5 year work visa did not have immigration intent until 2 years in the USA, USCIS has no problem with this. They DO have problems with a person who apply for a visitors visa with the sole intent to enter the USA to marry if this was a standard intent of a visitors visa then why have a K-1 visa?

It all boils down to intent, if the intent when filing for a B-Visa was to enter the USA and marry, this is visa fraud.

[Jesse and Hema 2]

She was here training Airline Agents when we met, so she was coming and going all the time and has been in and out of the states many many times, but now the K1 has been submitted it will be the only way since I assume they put something in the system, if she comes to visit me on a B1/B2 does she tell the CBP Officer that she is visiting her Future Husband and is going through the K-1 visa process??

When they ask the purpose of the visit, respond that it's for a visit. If they ask who, tell the truth. Never lie to a POE official, but there's no requirement that you disclose all the information up front.

In our case, my fiancée just flat out told them she was visiting her fiancée, who had filed a petition for her. She didn't have any problems at all, and (I hypothesize that) most don't. It depends on several things the POE officer takes into consideration (and some luck).

[YuAndDan 153]

She was here training Airline Agents when we met, so she was coming and going all the time and has been in and out of the states many many times, but now the K1 has been submitted it will be the only way since I assume they put something in the system, if she comes to visit me on a B1/B2 does she tell the CBP Officer that she is visiting her Future Husband and is going through the K-1 visa process??

Correct, the system will have record of the K-1, so immigrations intent is established, many can and do get visitors visa while waiting for the K-1 to process, and do visit during the K-1 processing with out problems, they just don't marry and try to adjust from the B-Visa.

[Simon&Miriam 0]

Okay Miriam and I lived together for a while on her B1/B2 visa over here, she was here on a B2 for 6 months on her I-94, she only stayed for 3, I was tempted to marry her and adjust her status accordingly based on a "spare of the moment decision" mentioned on the USCIS website.

Friends told us that she would have no problem as they had done it, the only reason we decided not to do it is we heard stories of people being sent back because they didn't use the K-1 option and waiting years to be reunited, so she went back, but now I am wondering if I messed up and we could have avoided all of this waiting and stuff, any ideas???

I figured that the rules have changed on this and it is too much of a gamble.

Marrying and immigrating on a B-2 is fraud if that was the intent when entering the U.S... Which I am sure you have read... The problem is that people DO fraudulently use B-2's for that purpose, and I think it throws up "red flags" with the USCIS, so there's a chance that your case might be looked at very closely as you try to adjust status. Like I said, people do it all the time, though.

(mere opinion) You didn't mess up at all. With the K-1 there should be no doubt of the intentions if the relationship is valid. Also, since she has a B-2, she can visit you (or you can visit her) at any time while you are waiting for the K-1 process to pan out.

Of course (as you are aware already), now a K-1 is your only non-fraudulent option since the intent to marry and immigrate is certain.

Good luck!

What does she tell the CBP Officer when she visits me from Mexico, I am here to visit my Future Husband while we are going through the K-1 Visa Process?

[Jesse and Hema 2]

What does she tell the CBP Officer when she visits me from Mexico, I am here to visit my Future Husband while we are going through the K-1 Visa Process?

I'm assuming you now saw my previous post. If she could bring evidence that an I-129f has been submitted (like a faxed copy of the NOA1), that would be helpful. Also an invitation letter from you stating that you will cover all her expenses and that you do not intend to marry her during the B-2 visit wouldn't be a bad thing.

[pushbrk 12,105]

Okay Miriam and I lived together for a while on her B1/B2 visa over here, she was here on a B2 for 6 months on her I-94, she only stayed for 3, I was tempted to marry her and adjust her status accordingly based on a "spare of the moment decision" mentioned on the USCIS website.

Friends told us that she would have no problem as they had done it, the only reason we decided not to do it is we heard stories of people being sent back because they didn't use the K-1 option and waiting years to be reunited, so she went back, but now I am wondering if I messed up and we could have avoided all of this waiting and stuff, any ideas???

I figured that the rules have changed on this and it is too much of a gamble.

Marrying and immigrating on a B-2 is fraud if that was the intent when entering the U.S... Which I am sure you have read... The problem is that people DO fraudulently use B-2's for that purpose, and I think it throws up "red flags" with the USCIS, so there's a chance that your case might be looked at very closely as you try to adjust status. Like I said, people do it all the time, though.

(mere opinion) You didn't mess up at all. With the K-1 there should be no doubt of the intentions if the relationship is valid. Also, since she has a B-2, she can visit you (or you can visit her) at any time while you are waiting for the K-1 process to pan out.

Of course (as you are aware already), now a K-1 is your only non-fraudulent option since the intent to marry and immigrate is certain.

Good luck!

What does she tell the CBP Officer when she visits me from Mexico, I am here to visit my Future Husband while we are going through the K-1 Visa Process?

She should give a truthful answer but it need not be detailed. With all her time here, I'm sure she'll also visit some friends or maybe go to Disneyland too unless you're planning to lock her up.

I would suggest something like, "This time I don't have to work, so I'm just going to play."

[msu17 0]

What we always said was "here to visit" if they asked who, "my fiance". He was always let through with that. We always brought the K-1 paperwork and evidence of his employment back home. Also bring a lease or rental agreement, stuff stating you go to school, whatever shows that you have ties back home and aren't going to stay in the US.

[Simon&Miriam 0]

What we always said was "here to visit" if they asked who, "my fiance". He was always let through with that. We always brought the K-1 paperwork and evidence of his employment back home. Also bring a lease or rental agreement, stuff stating you go to school, whatever shows that you have ties back home and aren't going to stay in the US.

Thanks to everybody for their advice, it has been very tough the last few days with a very strained situation with lenthy calls on the Vonage phone and lots of tears and things that should have been left unsaid, I am just waiting for the case letter so I can scan it and send it to her then I will book a ticket for her to fly in, I figured on a month, I doubt she will be needed in Mexico to fill out any paperwork or meet anybody at the Embassy so soon in the process.