Really unsure

[stunner23 0]

My girlfriend who is a US citizen moved back to the US in March. I’m in the US now for the past month on vacation, spending the time with her but I’m leaving in a week. We have gotten engaged since I have been here and we are hoping to live together in the US sometime in the near future. The problem is that we’re not sure if we should go the K-1 route or hurry up and get married before I leave and file for the K-3. We are afraid that if we hurry and get married, it would appear suspicious and get denied. Any advice?

Thanks in advance

[misskiya 0]

From what I understand, the K-1 is faster than K-3 generally. And if you are on a visitors visa or on the VWP, yo uwill have to return to your country if you get married. If you try to get married then adjust status here, you'll have to prove the marriage was spur of the moment, which seems practically impossible.

[TracyTN 237]

My girlfriend who is a US citizen moved back to the US in March. I’m in the US now for the past month on vacation, spending the time with her but I’m leaving in a week. We have gotten engaged since I have been here and we are hoping to live together in the US sometime in the near future. The problem is that we’re not sure if we should go the K-1 route or hurry up and get married before I leave and file for the K-3. We are afraid that if we hurry and get married, it would appear suspicious and get denied. Any advice?

Thanks in advance

Why would getting married and applying for a K3 be suspicious? As long as you wait out the K3 in your home country, I don't see why it would be an issue.

But yes, K1s are generally faster.

[stunner23 0]

thanks for the responses, i wasn't planning on staying in the country. i was planning to go home and wait out the process no matter which one i chose. The main issues were getting back together as soon as possible and avoiding any problems during the process.

I think it would seem suspicious because we would be getting engaged and married all within a month. i know thats not unheard of but i'm just trying to be careful when dealing with uscis

[Jasman0717 9]

Take a look at the guides here on VJ and also take a look at timeline searches for your embassy for the K-1 and K3, might be helfful

[meauxna 15]

From what I understand, the K-1 is faster than K-3 generally. And if you are on a visitors visa or on the VWP, yo uwill have to return to your country if you get married. If you try to get married then adjust status here, you'll have to prove the marriage was spur of the moment, which seems practically impossible.

Why does it seem practically impossible when that's exactly what he said happened?

[mrswooten4ever 0]

Agree with TracyTN as long as you return to your country after you marry it wouldn't appear suspicious and like Jasman says do a timeline search and then decide which route you want to go k1 or k3.

Good luck

Adele

[aussiewench 9]

From what I understand, the K-1 is faster than K-3 generally. And if you are on a visitors visa or on the VWP, yo uwill have to return to your country if you get married. If you try to get married then adjust status here, you'll have to prove the marriage was spur of the moment, which seems practically impossible.

Why does it seem practically impossible when that's exactly what he said happened?

Totally with meauxna. Its done all the time and is a perfectly legal way to enter on a vistors visa or VWP, get married and to do AOS. What is illegal is if one has intent on entry to immigrate. As the OP stated that he was visiting, decided to get engaged.....if they wished to marry and do AOS it is well within the realms of possibles.

[misskiya 0]

From what I understand, the K-1 is faster than K-3 generally. And if you are on a visitors visa or on the VWP, yo uwill have to return to your country if you get married. If you try to get married then adjust status here, you'll have to prove the marriage was spur of the moment, which seems practically impossible.

Why does it seem practically impossible when that's exactly what he said happened?

Totally with meauxna. Its done all the time and is a perfectly legal way to enter on a vistors visa or VWP, get married and to do AOS. What is illegal is if one has intent on entry to immigrate. As the OP stated that he was visiting, decided to get engaged.....if they wished to marry and do AOS it is well within the realms of possibles.

I'm not disagreeing with anyone, it's just been my understanding that it's extremely difficult to prove that it was spur of the moment, and not planned. I know it's happened and people have been successful. Just giving what I've understood the process to be, and what I understand to be the "safest" way to go about things. Again, just my understanding and opinion, I'm not a lawyer or anythign so, take it for what you will. didn't mean to upset anyone.

[aussiewench 9]

From what I understand, the K-1 is faster than K-3 generally. And if you are on a visitors visa or on the VWP, yo uwill have to return to your country if you get married. If you try to get married then adjust status here, you'll have to prove the marriage was spur of the moment, which seems practically impossible.

Why does it seem practically impossible when that's exactly what he said happened?

Totally with meauxna. Its done all the time and is a perfectly legal way to enter on a vistors visa or VWP, get married and to do AOS. What is illegal is if one has intent on entry to immigrate. As the OP stated that he was visiting, decided to get engaged.....if they wished to marry and do AOS it is well within the realms of possibles.

I'm not disagreeing with anyone, it's just been my understanding that it's extremely difficult to prove that it was spur of the moment, and not planned. I know it's happened and people have been successful. Just giving what I've understood the process to be, and what I understand to be the "safest" way to go about things. Again, just my understanding and opinion, I'm not a lawyer or anythign so, take it for what you will. didn't mean to upset anyone.

You havent upset anyone so dont worry about that I just think that you would be surprised just how non complicated it is. If one is inspected on entry to the US, hasn't lied, it is more then not unlikely that an AOS will be denied if otherwise eligible.

[myfellah 0]

Good Luck on whatever option you choose.

Doreen

[stunner23 0]

thanks everybody for their advice and kind words, will let you all know how it goes