Multiple questions regarding K-1 Visas

[msu17 0]

For example, she can't come to the country on a tourist visa with the INTENT of getting married. Of course, I'm sure many people do but it's illegal.

Just to clarify, she can come into the Country with the intent of marrying... what she can not do is come into the Country with the intent of marrying then staying. The marriage is not the problem... staying is the problem.

So she can come into the US on a tourist visa and tell the people at the POE that she intends on getting married here? Or she can come on a student visa and tell the embassy when she's applying for a visa that she is going to get married while on the student visa?

Not being a smart***, actually curious because I was under the impression that is illegal as a tourist visa is for tourist related activities and plans, while a student visa is a student visa.

Of course you can get married on a tourist visa. People from around the world do destination weddings here just like we do in their countries. You just can't stay. The US doesn't give a ####### where people marry, they just care who overstays.

To the OP, if you want to file right now, I'd probs do the CR1. You'll probs have to be apart a few extra months, but upon arrival, she'll have a greencard, which will enable her to work, travel outside the US, get a drivers license immediately etc. Otherwise, K1 tends to be quicker.

Edited August 19, 2008 by msu17

[Devkpaik 1]

Yeah she can. I had the same question / confusion when I started posting here until I met a NZ'er who actually did just that. Came in on the VWP and told them at POE.... 'hey i'm here to get married... but i'll be leaving again to go home and wait out our spousal visa'. They let her through and she's even been back for visits since.

That being said, I don't think I would mention marriage to the POE officer. I think it's common sense that would throw up some serious red flags in trying not to prove intent and I assume many others wouldn't get as lucky.

What is illegal is to adjust status after entering with the intent of immigrating on a visa that doesn't allow for that option.

In re-reading your question ... I would have to assume that if you mention an impending marriage at an Embassy interview for a visa you can pretty much kiss your chances for the 'other kind' of visa goodbye.

Thanks for the explanation/clarification Kim

[Devkpaik 1]

For example, she can't come to the country on a tourist visa with the INTENT of getting married. Of course, I'm sure many people do but it's illegal.

Just to clarify, she can come into the Country with the intent of marrying... what she can not do is come into the Country with the intent of marrying then staying. The marriage is not the problem... staying is the problem.

So she can come into the US on a tourist visa and tell the people at the POE that she intends on getting married here? Or she can come on a student visa and tell the embassy when she's applying for a visa that she is going to get married while on the student visa?

Not being a smart***, actually curious because I was under the impression that is illegal as a tourist visa is for tourist related activities and plans, while a student visa is a student visa.

Of course you can get married on a tourist visa. People from around the world do destination weddings here just like we do in their countries. You just can't stay. The US doesn't give a ####### where people marry, they just care who overstays.

To the OP, if you want to file right now, I'd probs do the CR1. You'll probs have to be apart a few extra months, but upon arrival, she'll have a greencard, which will enable her to work, travel outside the US, get a drivers license immediately etc. Otherwise, K1 tends to be quicker.

I think you understand the difference of a US citizen doing a destination wedding in another country and a Brazilian citizen doing a destination wedding in the US.

That's where my confusion lay, as I wasn't sure that they would be able to enter with the intent of getting married on a tourist visa, however now I understand.

[Misstisme 0]

Hello Everybody,

First Thank you for all the responses you give in this forum.

I'm looking for all the informations I can get about the visa K1.

But I read an information really important for me. I can go to the USA with a visa tourist and get married overthere (my boyfriend lives overthere), if i don't stay to live that's it??

Because with my boyfriend we would like to get marry in february for the St Valentin's Day , but I will move in August.

Because I read on the French websites, it's illegal to do this, but they don't talk about stay or not after the wedding.

I asked to embassy, but i received an automatic email, told me they can't respond.

Because i don't want to go overthere and the customs tell me, go back right now...

Thanks a lot

Edited August 20, 2008 by Misstisme

[KimandRuss 0]

Thanks for the explanation/clarification Kim

You are most welcome my friend.

[KimandRuss 0]

Hello Everybody,

First Thank you for all the responses you give in this forum.

I'm looking for all the informations I can get about the visa K1.

But I read an information really important for me. I can go to the USA with a visa tourist and get married overthere (my boyfriend lives overthere), if i don't stay to live that's it??

Because with my boyfriend we would like to get marry in february for the St Valentin's Day , but I will move in August.

Because I read on the French websites, it's illegal to do this, but they don't talk about stay or not after the wedding.

I asked to embassy, but i received an automatic email, told me they can't respond.

Because i don't want to go overthere and the customs tell me, go back right now...

Thanks a lot

You can come into the Country with the intention of marriage ... (although I would not disclose this at the POE or you're probably going to have issues ) but you can't not stay more than your visa allows. Well, I should add that you can stay, but you will face scrutiny at the adjustment period that could get you into big trouble and possibly face a ban for misrepresentation at POE.

A spousal visa is likely to take a bit more time but if you're in no rush I guess it wont matter. Not sure if you get married in February that your visa will be ready for August though. There is a link at the top of the boards called FAQ's.. read through the different options for you.

good luck

[Misstisme 0]

You can come into the Country with the intention of marriage ... (although I would not disclose this at the POE or you're probably going to have issues ) but you can't not stay more than your visa allows. Well, I should add that you can stay, but you will face scrutiny at the adjustment period that could get you into big trouble and possibly face a ban for misrepresentation at POE.

A spousal visa is likely to take a bit more time but if you're in no rush I guess it wont matter. Not sure if you get married in February that your visa will be ready for August though. There is a link at the top of the boards called FAQ's.. read through the different options for you.

good luck

Thanks very much,

I will read the Faq, the most important it's the date of the wedding, after if I can only come in september, october, or more, we will continue our returns

And for the POE, I'll bring some documents (i don't know which ones yet) to prove I have to come back.

Thank you very much for the response

I'm really HAPPY