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

[rebeccajo 14]

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.

What's the big deal if they are interviewed to adjust status? Even now after filing for the K1, Simon&Miriam are just as likely to be interviewed when she adjusts as not. USCIS didn't start 'not interviewing' K1 adjustees until about two years ago, and they only made that decision to get themselves out of a backlog heap. Not having an interview doesn't mean the relationship seen on paper isn't any 'less fraudulent' than couples who are interviewed.

[athena_ny 1]

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.

eau_explain was on a B-1/B-2 and was transferred to CSC and approved without interview. HOWEVER, that is the only case I have ever seen and if marrying on a B-2 pretty much guarantees and interview I'd say, 99% of the time.

(This was to YuandDan, but I don't feel like going back and replying to the correct post.)

My husband had been on his B-2 for 3 years when we met...obviously intent was not even questioned. But sometimes it isn't even when the person marries soon after entering. Kez married on VWP and intent never came up on her interview.

[supranatural 1]

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).

So I assume then that if I file a K-1 for my fiancee, that if during the waiting period I apply for a B-2 for her to visit me, that this would not raise a red flag as we have obviously gone through the pains of applying for an immigrant visa (K-1) and again obviously only intend for her to visit me on the B-1 non-immigrant visa, correct? I wonder, if this is correct, why don't more people do this to ease the pain of separation?

[pushbrk 12,105]

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).

So I assume then that if I file a K-1 for my fiancee, that if during the waiting period I apply for a B-2 for her to visit me, that this would not raise a red flag as we have obviously gone through the pains of applying for an immigrant visa (K-1) and again obviously only intend for her to visit me on the B-1 non-immigrant visa, correct? I wonder, if this is correct, why don't more people do this to ease the pain of separation?

Your fiancee filing for a B2 will not raise a red flag on your K1 case but the K1 case itself is probably a big enough red flag to get the B2 denied based on obvious immigrant intent. It might work in some countries but not likely from Russia.

[Kazan' Tiger 1]

I agree!

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).

So I assume then that if I file a K-1 for my fiancee, that if during the waiting period I apply for a B-2 for her to visit me, that this would not raise a red flag as we have obviously gone through the pains of applying for an immigrant visa (K-1) and again obviously only intend for her to visit me on the B-1 non-immigrant visa, correct? I wonder, if this is correct, why don't more people do this to ease the pain of separation?

Your fiancee filing for a B2 will not raise a red flag on your K1 case but the K1 case itself is probably a big enough red flag to get the B2 denied based on obvious immigrant intent. It might work in some countries but not likely from Russia.

[supranatural 1]

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).

So I assume then that if I file a K-1 for my fiancee, that if during the waiting period I apply for a B-2 for her to visit me, that this would not raise a red flag as we have obviously gone through the pains of applying for an immigrant visa (K-1) and again obviously only intend for her to visit me on the B-1 non-immigrant visa, correct? I wonder, if this is correct, why don't more people do this to ease the pain of separation?

Your fiancee filing for a B2 will not raise a red flag on your K1 case but the K1 case itself is probably a big enough red flag to get the B2 denied based on obvious immigrant intent. It might work in some countries but not likely from Russia.

Not sure I understand why the B2 would be denied (actually from talking to a number of people, it seems more and more young women from Russia are being granted B2's...I personally know a very attractive 28 yo Moscow girl who was in NY recently for a wedding and she got a B2 visa no problem at all - she's a doctor so it's not as if she makes a lot of money.

In my case she has no motive to try to change the B2 to an immigrant status as she will already have a K1 in the pipeline - this is merely to visit and return back to her home country. Why would someone risk jeopardizing their status - for her to try to marry on the B2 would immediately raise suspucion of visa fraud since there is a K1 already filed - thus even less motoviation to try to immigrate on the B2. Perhaps reality might be different but I'm looking to see if anyone else has done this - from what I'm hearing B2's do seem to get issued to those who are waiting for the K1's to be approved.

[Jesse and Hema 2]

Not sure I understand why the B2 would be denied (actually from talking to a number of people, it seems more and more young women from Russia are being granted B2's...I personally know a very attractive 28 yo Moscow girl who was in NY recently for a wedding and she got a B2 visa no problem at all - she's a doctor so it's not as if she makes a lot of money.

In my case she has no motive to try to change the B2 to an immigrant status as she will already have a K1 in the pipeline - this is merely to visit and return back to her home country. Why would someone risk jeopardizing their status - for her to try to marry on the B2 would immediately raise suspucion of visa fraud since there is a K1 already filed - thus even less motoviation to try to immigrate on the B2. Perhaps reality might be different but I'm looking to see if anyone else has done this - from what I'm hearing B2's do seem to get issued to those who are waiting for the K1's to be approved.

Yup. We had no problem, but it depends a lot on the country and other factors, but you won't know unless you try.