K1 or marriage in the US

[Bpersell 0]

I am a US citizen who lives in Russia (for 2 years) with my fiancee. She already has a a B1/B2 business/tourist Visa that is good for another 18 months. We planned on getting married here but I do not have the required paperwork. We are considering just going back to the states and getting married and then applying for a change of status since we plan on living there anyway. Does anyone know the risk, if any, in doing this as opposed to applying for the K1 since she already has a visa.

Thanks

[KimandRuss 0]

She can not enter the US on a B visa with immigrant intent. That is visa fraud and you will be subject to a ban if it is proven she had intent to immigrate.

If you have been residing legally in her Country then your best optioin is DCF (Direct Consular Filing) if Russia allows it.

[payxibka 10,044]

She can not enter the US on a B visa with immigrant intent. That is visa fraud and you will be subject to a ban if it is proven she had intent to immigrate.

If you have been residing legally in her Country then your best optioin is DCF (Direct Consular Filing) if Russia allows it.

Except he can't get married in Russia because he lacks the documents required by RAGS.

But as KimandRuss pointed out.... entering on a non-immigrant visa with the intention to immigrate is problematic

Edited August 5, 2008 by fwaguy

[YuAndDan 153]

This is called immigrant intent, entering the USA on a visitor's visa with the INTENT to immigrate is visa fraud, and if discovered can result in deportation and a bar.

Do the correct thing, apply for a K-1 visa and enter the USA using a visa that has immigrant intent, and is for what you propose.

[pushbrk 12,186]

She can not enter the US on a B visa with immigrant intent. That is visa fraud and you will be subject to a ban if it is proven she had intent to immigrate.

If you have been residing legally in her Country then your best optioin is DCF (Direct Consular Filing) if Russia allows it.

Except he can't get married in Russia because he lacks the documents required by RAGS.

But as KimandRuss pointed out.... entering on a non-immigrant visa with the intention to immigrate is problematic

If he wishes to remain in Russia, they could come to the US or any other country where they could legally marry, then go back to Russia and file DCF. They'd need to check with the Consulate specifically as to any circumstances that would require the six months residence to reset. Otherwise, they can marry in the US and one or both return to Russia while proceeding a Stateside filed immigrant visa petition.

Marrying on a B2 visa is fine but immigrating is not.

[Bpersell 0]

I am a US citizen who lives in Russia (for 2 years) with my fiancee. She already has a a B1/B2 business/tourist Visa that is good for another 18 months. We planned on getting married here but I do not have the required paperwork. We are considering just going back to the states and getting married and then applying for a change of status since we plan on living there anyway. Does anyone know the risk, if any, in doing this as opposed to applying for the K1 since she already has a visa.

Thanks

How would anyone ever prove intent? The law says that if someone is legally in the states and gets married it is OK. I know it is not technically correct but it sure seems the easiest way since she already has a visa and has been to the states several times.

[pushbrk 12,186]

I am a US citizen who lives in Russia (for 2 years) with my fiancee. She already has a a B1/B2 business/tourist Visa that is good for another 18 months. We planned on getting married here but I do not have the required paperwork. We are considering just going back to the states and getting married and then applying for a change of status since we plan on living there anyway. Does anyone know the risk, if any, in doing this as opposed to applying for the K1 since she already has a visa.

Thanks

How would anyone ever prove intent? The law says that if someone is legally in the states and gets married it is OK. I know it is not technically correct but it sure seems the easiest way since she already has a visa and has been to the states several times.

Visa Journey terms of service do not allow discussions about or advice as to how to circumvent US immigration law. You asked for advise. You got it.

[payxibka 10,044]

How would anyone ever prove intent? The law says that if someone is legally in the states and gets married it is OK. I know it is not technically correct but it sure seems the easiest way since she already has a visa and has been to the states several times.

Other way around... intent is presumed.... it is you that has to dispell intent. Classic case of guilty until proven innocent

[YuAndDan 153]

How would anyone ever prove intent? The law says that if someone is legally in the states and gets married it is OK. I know it is not technically correct but it sure seems the easiest way since she already has a visa and has been to the states several times.

Other way around... intent is presumed.... it is you that has to dispell intent. Classic case of guilty until proven innocent

Correct, also consider this, many entering the USA on a K-Visa get approved without interview, however ALL persons adjusting status from a visa that did not have immigrant intent tend to go to AOS interviews, and they can and do ask alot of questions about original intent when entering the USA on a visitors visa.

Another benefit of K-Visa is if approved without interview, the green-card is fairly quick to be issued after applying for AOS. But is an interview is required, then you end up waiting some time for the interview, some field offices are fairly quick, but others are quite backlogged.

[Bpersell 0]

How would anyone ever prove intent? The law says that if someone is legally in the states and gets married it is OK. I know it is not technically correct but it sure seems the easiest way since she already has a visa and has been to the states several times.

Other way around... intent is presumed.... it is you that has to dispell intent. Classic case of guilty until proven innocent

Correct, also consider this, many entering the USA on a K-Visa get approved without interview, however ALL persons adjusting status from a visa that did not have immigrant intent tend to go to AOS interviews, and they can and do ask alot of questions about original intent when entering the USA on a visitors visa.

Another benefit of K-Visa is if approved without interview, the green-card is fairly quick to be issued after applying for AOS. But is an interview is required, then you end up waiting some time for the interview, some field offices are fairly quick, but others are quite backlogged.

Thanks--very good points

I am a US citizen who lives in Russia (for 2 years) with my fiancee. She already has a a B1/B2 business/tourist Visa that is good for another 18 months. We planned on getting married here but I do not have the required paperwork. We are considering just going back to the states and getting married and then applying for a change of status since we plan on living there anyway. Does anyone know the risk, if any, in doing this as opposed to applying for the K1 since she already has a visa.

Thanks

How would anyone ever prove intent? The law says that if someone is legally in the states and gets married it is OK. I know it is not technically correct but it sure seems the easiest way since she already has a visa and has been to the states several times.

Visa Journey terms of service do not allow discussions about or advice as to how to circumvent US immigration law. You asked for advise. You got it.

You are correct--thanks