Can you file for K-1 while on another visa?

[rebeccajo 14]

The original post doesn't seem like the question of someone already in the US on either of these visa types, but rather someone fishing for other visa options. My apologies if I am incorrect BUT....

If you wish to permanently reside in the US you need to file for the appropriate immigrant visa.

Actually the original post isn't in reference to my case at all (I'm the petitioner and my now-husband came here on a K-1 from the UK back in November), but a question that was asked of me by a friend of a friend whose fiance lives in Canada. They wanted to know if he could come here for college during the process (partially, I suspect, because they're young and impaitent), and if so, the best legal route to take. I didn't know - so I asked here.

I wasn't passing judgment on you, even if it had been your case. My husband and I also explored other visa options before we realized the K1 was the only viable means.

I often refer to it as my search for a 'boyfriend visa'.

Edited May 9, 2008 by rebeccajo

[Cass_Rising 0]

Ah - thank you for clearing that up. I know very little about the K-3 as we didn't go that route.

Ok but again, I'm not referring to K3 or any other visa. I wrote about staying and adjusting status. Again, no visa.

Right - sorry. That's what I meant, thanks for clearing up that if you go that route you don't file for the K-3. I should have said: I don't know much about immigrating/staying when you're already married because we didn't go that route.

[pushbrk 12,234]

Ah - thank you for clearing that up. I know very little about the K-3 as we didn't go that route.

Ok but again, I'm not referring to K3 or any other visa. I wrote about staying and adjusting status. Again, no visa.

Right - sorry. That's what I meant, thanks for clearing up that if you go that route you don't file for the K-3. I should have said: I don't know much about immigrating/staying when you're already married because we didn't go that route.

Ok but if you're advising a number of friends about visas and immigration, there's no room for "I should have said's" because you're dealing with issues too critical to your friends' future happiness for that. It would be better to send them here to study the guides and ask their own questions.

Edited May 9, 2008 by pushbrk

[Chris74 0]

I would say just stay get married and apply for AOS. My cousin did that on a b-1 visitor's visa.

[Cass_Rising 0]

Ah - thank you for clearing that up. I know very little about the K-3 as we didn't go that route.

Ok but again, I'm not referring to K3 or any other visa. I wrote about staying and adjusting status. Again, no visa.

Right - sorry. That's what I meant, thanks for clearing up that if you go that route you don't file for the K-3. I should have said: I don't know much about immigrating/staying when you're already married because we didn't go that route.

Ok but if you're advising a number of friends about visas and immigration, there's no room for "I should have said's" because you're dealing with issues too critical to your friends' future happiness for that. It would be better to send them here to study the guides and ask their own questions.

Thank you for that, I do send people here. I will be more careful with my words in the future.

[Kamz 0]

Specifically you must have had no intention of immigrating at the time of the most recent entry. For instance, if you accepted a proposal in March, then left and came back, then you already intended to get married and it would be difficult to convince anybody you didn't also have immigrant intent.

The key questions are.

What is the date of your last entry to the US?

What is the date you decided to get married?

Which came first, the decision to marry, or the entry to the US?

Right - that's why the thought of a K-3 hadn't even entered my head. USCIS has me well trained apparently

I've become the resident immigration expert in my circle of friends, so I end up fielding a lot of question from friends of friends of friends. This was one of them.

Hey guys, I was curious about the chance of getting married in the US and filing for an adjustment of status. If I do go there on a tourist (B2) visa and get married, do I have the option to go ahead and just file for the adjustment to permanent resident? Feedback would be greatly appreciated. Thank you!

[payxibka 10,044]

Hey guys, I was curious about the chance of getting married in the US and filing for an adjustment of status. If I do go there on a tourist (B2) visa and get married, do I have the option to go ahead and just file for the adjustment to permanent resident? Feedback would be greatly appreciated. Thank you!

Technically, if that is your intent going in, then you should be denied the ability to adjust status because you used a non-immigrant visa to immigrate.

[pushbrk 12,234]

Hey guys, I was curious about the chance of getting married in the US and filing for an adjustment of status. If I do go there on a tourist (B2) visa and get married, do I have the option to go ahead and just file for the adjustment to permanent resident? Feedback would be greatly appreciated. Thank you!

Technically, if that is your intent going in, then you should be denied the ability to adjust status because you used a non-immigrant visa to immigrate.

The devil is in the details of the circumstances.

1. I'm out of the US at the moment. Is it ok if I enter on the VWP or visitor visa, then just marry my fiance and adjust status? Answer: No, that's visa fraud.

2. I'm a student or other visa holder or in the USA now on the VWP on vacation. I've met a wonderful companion and we want to get married. Can I stay, get married and adjust status? Answer: Sure, but "stay", don't leave and come back to do it because then answer 1. above will apply.

[Kamz 0]

Hey guys, I was curious about the chance of getting married in the US and filing for an adjustment of status. If I do go there on a tourist (B2) visa and get married, do I have the option to go ahead and just file for the adjustment to permanent resident? Feedback would be greatly appreciated. Thank you!

Technically, if that is your intent going in, then you should be denied the ability to adjust status because you used a non-immigrant visa to immigrate.

The devil is in the details of the circumstances.

1. I'm out of the US at the moment. Is it ok if I enter on the VWP or visitor visa, then just marry my fiance and adjust status? Answer: No, that's visa fraud.

2. I'm a student or other visa holder or in the USA now on the VWP on vacation. I've met a wonderful companion and we want to get married. Can I stay, get married and adjust status? Answer: Sure, but "stay", don't leave and come back to do it because then answer 1. above will apply.

Hello again! Sorry for the confusion.

Oh ok, then my question was incorrect. I am in the US on B1/B2, and I have about 3 months before my return to my country. My fiance has proposed to me and we want to know if we have that option to go ahead and get married since I still have several months in here.

Thanks!

[payxibka 10,044]

Hey guys, I was curious about the chance of getting married in the US and filing for an adjustment of status. If I do go there on a tourist (B2) visa and get married, do I have the option to go ahead and just file for the adjustment to permanent resident? Feedback would be greatly appreciated. Thank you!

Technically, if that is your intent going in, then you should be denied the ability to adjust status because you used a non-immigrant visa to immigrate.

The devil is in the details of the circumstances.

1. I'm out of the US at the moment. Is it ok if I enter on the VWP or visitor visa, then just marry my fiance and adjust status? Answer: No, that's visa fraud.

2. I'm a student or other visa holder or in the USA now on the VWP on vacation. I've met a wonderful companion and we want to get married. Can I stay, get married and adjust status? Answer: Sure, but "stay", don't leave and come back to do it because then answer 1. above will apply.

Hello again! Sorry for the confusion.

Oh ok, then my question was incorrect. I am in the US on B1/B2, and I have about 3 months before my return to my country. My fiance has proposed to me and we want to know if we have that option to go ahead and get married since I still have several months in here.

Thanks!

Very different set of facts and circumstances... Sounds more like #2 above now.....

[pushbrk 12,234]

Hey guys, I was curious about the chance of getting married in the US and filing for an adjustment of status. If I do go there on a tourist (B2) visa and get married, do I have the option to go ahead and just file for the adjustment to permanent resident? Feedback would be greatly appreciated. Thank you!

Technically, if that is your intent going in, then you should be denied the ability to adjust status because you used a non-immigrant visa to immigrate.

The devil is in the details of the circumstances.

1. I'm out of the US at the moment. Is it ok if I enter on the VWP or visitor visa, then just marry my fiance and adjust status? Answer: No, that's visa fraud.

2. I'm a student or other visa holder or in the USA now on the VWP on vacation. I've met a wonderful companion and we want to get married. Can I stay, get married and adjust status? Answer: Sure, but "stay", don't leave and come back to do it because then answer 1. above will apply.

Hello again! Sorry for the confusion.

Oh ok, then my question was incorrect. I am in the US on B1/B2, and I have about 3 months before my return to my country. My fiance has proposed to me and we want to know if we have that option to go ahead and get married since I still have several months in here.

Thanks!

Very different set of facts and circumstances... Sounds more like #2 above now.....

Exactly.

[Kamz 0]

Hey guys, I was curious about the chance of getting married in the US and filing for an adjustment of status. If I do go there on a tourist (B2) visa and get married, do I have the option to go ahead and just file for the adjustment to permanent resident? Feedback would be greatly appreciated. Thank you!

Technically, if that is your intent going in, then you should be denied the ability to adjust status because you used a non-immigrant visa to immigrate.

The devil is in the details of the circumstances.

1. I'm out of the US at the moment. Is it ok if I enter on the VWP or visitor visa, then just marry my fiance and adjust status? Answer: No, that's visa fraud.

2. I'm a student or other visa holder or in the USA now on the VWP on vacation. I've met a wonderful companion and we want to get married. Can I stay, get married and adjust status? Answer: Sure, but "stay", don't leave and come back to do it because then answer 1. above will apply.

Hello again! Sorry for the confusion.

Oh ok, then my question was incorrect. I am in the US on B1/B2, and I have about 3 months before my return to my country. My fiance has proposed to me and we want to know if we have that option to go ahead and get married since I still have several months in here.

Thanks!

Very different set of facts and circumstances... Sounds more like #2 above now.....

Exactly.

The funny thing now are the papers that are needed. Oh so this means I can't go home based on the original schedule of my itinerary?

[payxibka 10,044]

The funny thing now are the papers that are needed. Oh so this means I can't go home based on the original schedule of my itinerary?

You can leave anytime... the problem will be potentially under what pretense will you have when coming back.....

Edited May 9, 2008 by fwaguy

[pushbrk 12,234]

The funny thing now are the papers that are needed. Oh so this means I can't go home based on the original schedule of my itinerary?

You can leave anytime... the problem will be potentially under what pretense will you have when coming back.....

Well, if you need to go home between now and a few months after marriage, the circumstances would change and you would probably need an appropriate visa to immigrate.

[sib 7]

Hi Kamz,

technically you can get married now (means until you have to leave) and just file for AOS, EAD and AP.

If you came in the country without the intention to get married (you wanted to visit, get to know each other better ...) and now that the two of you are thinking about how difficult it will be to be separeted, you decide to get marry, you are absolutely ok.

The problem you might face is that you need papers from your home country (birth certificate, police certificate, etc.) to file for AOS. Get some information what you need for filing for AOS and get the information about how to obtain those papers being in US.

Wishing you luck.

Sib